The Complainant engaged a lender, Prospect Mortgage, XXXX ( " Prospect '' ), to obtain financing on the purchase of a residence. The purpose of this complaint is to notify the CFPB that Prospect has refused to timely fund the Complainant 's loan pursuant to a Letter of Commitment. As a result, and as detailed below, Complainant is likely to incur significant financial damage. Complainant has reason to believe that Prospect does not have sufficient funds available to fund its loan commitments and/or engages in a practice of issuing more loan commitments than it is able to process. 

The Complainant engaged Prospect Mortgage, XXXX XXXX XXXX, XXXX XXXX, XXXX XXXX, XXXX XXXX, NMLS ID # XXXX, upon entering into a purchase agreement for a residence on or about XXXX XXXX, 2015. The Complainant hired Prospect based on their representations that they are XXXX of the nation 's leading residential lenders and are backed by {$5.00} XXXX in assets. 

At Prospect, the Complaint was assigned to loan officer XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX, XXXX XXXX, XXXX XXXX, XXXX. ( XXXX ) XXXX, XXXX ( XXXX ) XXXX, Fax ( XXXX ) XXXX, Email : XXXXXXXXXXXX. 

On XXXX XXXX, 2015, Prospect Mortgage issued a Letter of Commitment that it would provide certain financing on or before XXXX XXXX, 2015. The Letter of Commitment is executed by XXXX XXXX. 

Despite the Complainant meeting all conditions under the Letter of Commitment, Prospect Mortgage is refusing to fund the loan by XXXX XXXX, 2015, because, according to XXXX XXXX, they are too " bogged down. '' Prospect informed the Complainant that they are unlikely to be able to fund the loan until XXXX XXXX, 2015. 

The purchase contract for the property has a closing date of on or before XXXX XXXX, 2015. Pursuant to the terms of the contract, the Complainant is obligated to close once he obtains a loan commitment. The contract further provides that the Complainant will lose his deposit funds of {$20000.00} in the event that he is unable to close by XXXX XXXX. Complainant will also incur the cost and inconvenience of having to locate and move into a rental property. As of the date of this complaint, the sellers have not agreed to extend the closing date. 

Complainant has informed Prospect of their legal obligation to provide funding pursuant to the terms of their loan commitment. Prospect has refused to acknowledge that their loan commitment obligates them to provide funding. More specifically, Prospect seems to be misinformed that they are permitted to delay funding of loans based on their own underwriting and investor delays. Prospect has admitted that they are not always able to timely fund their loans. 
