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Report: #178924

Complaint Review: First Guarantee Mortgage - Saratoga Springs New York

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  • Reported By: bridgeport Connecticut
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  • First Guarantee Mortgage 21 Congress Street Saratoga Springs, New York U.S.A.

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we had a friend of many years who was, and still is an employee of fgm. in 2004 he suggested we take advantage of the low intrest rates to refinance. this is not something we were actively considering, until he made the suggestion. we felt it was indeed a good time to take advantage of low intrest rates. we didn't shop around because we trusted our long term friend would be more apt to put our best intrests first & foremost. we felt there was a level of trust there, that we wouldn't find dealing with another company. we were told he would get us the best interest rates. i would like to add that we have good credit, so we could've shopped around, but again chose to deal with someone we knew.

fgm did get us an interest rate that we were happy with. but along the process you are many of the lengthy fees that add up, will not be included in your loan amount, that will be charged back to the lender. this is not true, in the end most of the charges are indeed added to your loan amount. in addition initial figures show one amount, and then the day of closing the figures change drastically. but i would like to emphasize that you don't see your final loan paperwork, with the latest figures, until the notary shows up at your home for the closing.

i would also like to point out that unlike a normal closing, there is no lawyer present or anyone else to look out for your best interests or explain what your signing.

when nego. our loan we told our loan officer that we absolutely didn't want a loan with a prepayment pentaly. we were repeatedly assured that there would be no pre payment penalty in our loan agreement. again we trusted our loan officer/friend to be honest with us.

on the day of closing we got our first look at the most recent figures, which of course varied a great deal from the good faith estimate. we were told not to worry we would get money back later, just get on with it and SIGN, SIGN, SIGN! sign your life away is more like it. there is tremendous pressure not to question,and hold up the closing process. because at all cost your fgm loan officer (if you can get them on the phone at your closing) will lie and say what it takes to close the deal. while we thought we were careful to read what we thought was important areas, we failed to realize one of the 100 pages we signed, was a page way down the pile. this turned out to be a rider that was added, a prepayment penalty of an outrageous 5 year/5%!!!!

again let me empahsize that there is no one to guide you through and explain the overwhelming 100+ pages of docs. your signing. and of course because we were told there would be no prepayment pentalty, your not going to be looking for it!!!

our loan was farmed out to wilmington finance(as our almost all of fgm's loans) we made one pymt. and then were flipped over the wilmington's other division, Morequity. this is a routine fgm practice.

recently we visited our fgm loan officer/ friend. in conversation, he told us that fgm's major financer, wilmington finance, was being audited for imposing the 5year/5% prepayment penalty without consumers knowledge. apparently lots of consumer complaints concerning this issue. (but not to worry has wilmington is trying to find new, more clever ways to lie to unsuspecting consumers and slip their prepayment rider!)

this was a very disturbing conversation to us, for obvious reasons. this prompted us to pull out our 100+ page loan agrrement. and what should we find, but the 5year/5% prepayment penalty rider! had this conversation not occurred, we probably would've continued to assume that there was no prepay penalty as we were told. not 2 yeas later we find out we were lied to!

admittedly we feel foolish for being so trusting of our loan officer/friend. but this is just "business as usual" for fgm.

this prompted us to call our current loan holder, MOREQUITY. they confirmed that we indeed have this penalty in our agreement. the morequity employee, told us we weren't the first to call and complain about being lied to about the preapay pentaly. she told us we should file a dispute with the original loan holder, wilimington finance. i was put through to the vice pres. of operations. i explained the whole siutation, and was told he would look into it, and call us back that day. so, far no return call.... i also mentioned that i was aware that his company was being audited, in reagards to this prepay penalty be added to loans, and lying to consumers and telling them the oppposite. he replied, he knew of no such audit! as V>P> of operations this is obviously another of many lies.

it is our intention to file whatever disputes/complaints we can, in hopes that perhaps the current loan holder may remove this preapy penalty, to silence us.

so my fellow consumers please file your disputes/complaints if you have found yourself a victim of fgm's "bait & switch" type lies/tactics, reagarding the preapyment pentalty!!

laurie
wesport, Connecticut
U.S.A.

This report was posted on Ripoff Report on 03/02/2006 10:07 AM and is a permanent record located here: https://www.ripoffreport.com/reports/first-guarantee-mortgage/saratoga-springs-new-york-12866/first-guarantee-mortgage-prepayment-penalty-rider-added-to-loan-contract-fgm-lied-and-sai-178924. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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REBUTTALS & REPLIES:
0Author
11Consumer
0Employee/Owner

#11 UPDATE EX-employee responds

Ex-Employee of First Guarentee Mortgage

AUTHOR: Upstateny - (U.S.A.)

POSTED: Wednesday, July 15, 2009

During the years I worked at FGM in Saratoga Springs (I was working during your dealings with them) I have witnessed almost unspeakable criminal activity.
I was hired as a "Loan Officer", off the street, with no experience after answering a newspaper ad. The term "Loan Officer" is an outright lie. These people are nothing more than telemarketers. There is no license needed to work at FGM. David Silipigno runs the show at FGM. Although he is technically just a consultant.
I have personally witnessed David using cocaine on several occasions. He is a cocaine addict, with a LOT of money. He drives a rare black Porsche car.
He sexually harasses women under his hire (including attractive women who are under age 18) a fact I know to be true by my own observations/spying on his inter-office communications).
As a "Loan Officer"/telemarketer I was instructed by my superiors to lie to my customers, in no uncertain terms. The scenario you described was done to trick you, intentionally. The lies told to customers were a subject of humor for some of the "Loan Officers" standing around the water cooler. The more blatant and ridiculous, the funnier. A substantial minority of FGM's "Loan Officers" are drug addicts. But most are just hard working people who got caught up in David's dream. The money was good, too good. David set it up so that he couldn't be touched by the law. If someone got caught lying to a customer, the employee went down, not FGM. In a twisted way, he is a genius. But he has absolutely no conscience, no remorse for exploiting peoples ignorance. He currently resides in Lake George New York. There he enjoys a work free life as a multi-multi- millionaire. With the dirty money from FGM
He will never need to work again.


I hope you burn in hell David Silipigno!

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#10 UPDATE EX-employee responds

You are your own worst enemy

AUTHOR: Chickylala - (U.S.A.)

POSTED: Wednesday, December 17, 2008

Blame blame blame blame blame. You say you had "good credit"- everyone thinks they do. You don't- or you wouldn't have been in a wilmington deal. And NO- FGM does not put "everyone" into wilmington- they are actually one of the LEAST profitable for the employee because they cap back and front end points well below sections 32.

And it is NOt FGM's dfault that your deal was bundled, securitized and sold on the secondary market- that is standard practice. You are a moron. This is your own fault

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#9 Consumer Comment

option arm balony

AUTHOR: Tom - (U.S.A.)

POSTED: Tuesday, March 28, 2006

Hi
I am a mortgage broker also, and live in Florida now. I am however, a consumer advocate and huge fan of ripoff report.

As far as your 'friend' goes, -some friend. As a loan officer , he should have told you there is no 30year fixed conforming loan with those ridiculous pre pay terms.

Sounds like he got you an option arm , which comes with an adjustable rate rider and pre pay.

even if they converted it to a fixed product, the huge pre pay is so they can make big bucks selling your loan on the secondary market. Any legitimate conforming lender would have got you a 5.5 fixed back then with good credit for 30 years no prepay.

So your friend works at a sub sub sub prime lender, which Willmington is, and in fact they are nothing but a professional middleman who sells these goof loans then hawks the loan on the market.

your friend knew this -and ripped you off cold. I am sorry.

I want you to know though, sucessful brokers tend to be honest. We who make a decent living would never stick u into a bulshite loan that wasnt really in your best interest in the long run. I have never done a willmington loan, and never will. Nor have i ever sold some retarded 5 year prepay. What if u decide to move or otherwize?

Happy with the rate willmington got you? Then i can assure you that a conforming lender could have done better, because Willmington is sub prime all the way. Sub prime lenders do NOT have the best rates ever.

Im sorry about your prepay, but if u signed it, then its yours. I do agree however, that the guy from title who comes out to close your loan should have someone else come too to be there to explain it to you and is on your side alone.

Isnt this what your 'friend' should have been doing for you?

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#8 Author of original report

also got another BLAME response

AUTHOR: Kristina - (U.S.A.)

POSTED: Friday, March 03, 2006

ELIABETH- PPP ADVICE

YES,I posted my response before your 2nd response came through. thank you for your PPP advice. I also got another BLAME response besides yours earlier, and yes I was upset, and felt perhaps I made a mistake posting my complaint on this websight. I thought it was more of a help/advocacy type site, as oppossed to a chat-like forum.but thanks again for the ppp advice.

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#7 Consumer Comment

Pretty sure I addressed the PPP issue

AUTHOR: Elizabeth - (U.S.A.)

POSTED: Friday, March 03, 2006

Kristina,

If you actually read all of my second posting I'm pretty sure I addressed the prepayment penalty issue. I made a few suggestions on what you can do, possibly my second response wasn't up when you replied or maybe you just missed it. I would suggest you consider taking a few deep breaths as you attempt to solve your problem. Not to many folks are going to listen or want to help you with that attitude.

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#6 Consumer Comment

ELIZABETH - PPP REMOVAL

AUTHOR: Kristina - (U.S.A.)

POSTED: Friday, March 03, 2006

THANKS for the response. Now were cooking with gas! This is more of the kind of advice/suggestions I thought I would get by filing a complaint on this websight.

we have looked into the statues for CT regading the max. terms for PPP, that are allowable. As far as I understand, there are separate regulations depending on if its considered a first or second loan.while a refinance, it says first on the agreement. so, that being said, they can stick you with PPP for 5 year max. I think the 5% is also the max rate charged.

If this were a second mortgage, they can hold have PPP for a 3 year max and a 1% I believe. A more favorable penalty for a 2nd mortgage. I'm going to call the CT attry. gen. today for further explaination.I'm also going to contact the CT & NY banking commission as well.
don't think we'll be refinancing again anytime soon. thanks.

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#5 Consumer Comment

BLAME, BLAME! - how does the consumer stop PREDATORY MORTGAGE PRACTICES?!

AUTHOR: Kristina - (U.S.A.)

POSTED: Thursday, March 02, 2006

FORMER BROKER thanks for assigning some more blame, I feel victimized all over again. I have acknowledged the fact that we didn't do our homework. if we were considering refinancing, we should've researched various options, and hopefully have found a better lender to do business with. i also agree after this experience that friends and business dealings aren't a good mix.

I also agree that we shouldn't have felt pressured to close on a loan with questions/issues not handled to our satisfaction. As to your point why the loan officer wasn't at the closing: I am in another state than the state FGM works out of. I don't believe they have actual business in my state, although they are obviously liscened in my state. I guess this is why there is no one besides the notary, at the closing. I think this is standard practice with FGM, not to be present at your closing. I guess you must have worked at a more reputable brokerage institution, if you claim you were present at all closings to asnswers questuions and explain what your signig your name too. I wish we had that experience, maybe there wouldn't have been a closing and things would've turned out differntly for us.

Have I flogged myself enough? I assumed enough BLAME? while your points are well taken, tell me something I haven't learned at this point. I can't undo the way we handled things now, but I am trying to look ahead at how I may rectify/remedy thie PREPAY PENALTY issue.
so, If you actually have some constructive advice as to how I can move forward with getting the penalty removed that would be HELPFUL.

Instead of BLAMING THE CONSUMER, (who came to this websight looking for HELP and SUGGESTIONS as to how I can REMEDY this PREPAY PENALTY issue)
the bottom line is that lending/mortgage companies like FGM/WILMINGTON FINANCE need to be stopped from continuing such PREDATORY MORTGAGE practices. This is why many states are trying to enact strichter laws in these areas, such as rates/fees charged and disclosures being made clearer etc..

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#4 Consumer Suggestion

Removing the PPP

AUTHOR: Elizabeth - (U.S.A.)

POSTED: Thursday, March 02, 2006

Kristina -

As far as removing the prepayment penalty there's really not much you can do. IF your state has a law against the PPP then you may be able to do something about that through the attorney general's office. I frankly don't know about the PPP laws in Conneticut as I am licensed to practice in the midwestern states and I stay away from states that I don't know the lending laws like the back of my hand. I would suggest you contact your attorney general and possibly do some internet searching about predatory lending laws in your state. You MAY get some help there but most likely you are stuck in that loan until the PPP is up.

While I understand your frustration with your loan officer and your mortgage holder please keep in mind that an educated consumer is the best customer. Next time you refinance, look around and consider spending the extra money to have an attorney check out your loan documents or come to the closing with you. There are A LOT of unethical loan officers out there and the only way to guarantee you don't get taken for a ride is to educate yourself.

Best of luck and let us know how it turns out.

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#3 Author of original report

rebuttal to mortgage brokers response

AUTHOR: Kristina - (U.S.A.)

POSTED: Thursday, March 02, 2006

I am the consumer that filed the prepay penalty complaint against FIRST GUARANTEE FINANCE. thank you for your response. but I think the point here is to offer constructive suggestions.you state your a mortgage broker. By chance you aren't a wilmington finance employee are you? I am rather offended by your critical response. I feel your suggesting that my statement that we have "good credit" in not an honest statement.while learning after the fact that FGM seems to cater to a majority offolks with poor/fair credit, we didn't know that when we chose to do business with them. I pointed out that we did get a favorable rate. If our loan officer/friend lied about our credit being good as well, would we still have gotten such a good interest rate?

As for your statement that if our credit was good, why did our loan officer assign us with WILMINGTON FINANCE? well if you have any insider info. as a broker, than you might have heard or know, that FIRST GUARANTEE MORTGAGE routinely assigns almost all loanns to wilmington finance. this is according to our loan officer. then it is also routine for the loan to be "flipped" to MOREQUITY.

instead of questioning if my credit was really "good" or bad, the rebuttal should've focused on the point of an institution lying and telling us there would be no prepay penalty, and then sneak it in later?!

we feel foolish enough, and are very embarrassed that we were so trusting of our FGM loan offficer to be honest with us. we were very ill informed about refinancing, which is why we thought we could count on a friend of 20 yrs. to be honest, and look out for our best interests.

I agree with you that our loan officer lied to us, and knew there would be a prepay penalty attatched to our loan. but I think he hoped (correctly) that we wouldn't look for or find the perpay rider added to our pile of paperwork. I know if we confronted him now, he would probably deny any/all knowledge. he has become a well trained FGM employee.

But at this point why debate credit, and if he lied about the penalty. why can't you offer constructived suggestion/advice as to how consumers can stop that decietful practice, and further how a consumer in our position can possibly get this penalty removed?

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#2 Consumer Comment

Blame your friend AND blame yourself

AUTHOR: Elizabeth - (U.S.A.)

POSTED: Thursday, March 02, 2006

As a former mortgage broker I would like to touch on a few things here....

1. Why was your broker not AT your closing with you? If this was someone who was really a friend they should have attended the closing and made sure you were clear on anything that you signed. When I did loans, I NEVER would let my customer close without me being there - if I say I'm trying to look out for their financial best interests then I'd darn well better back that up by being at the closing.

2. While there MAY have been pressure by the closer to close the loan (I personally have never seen this) why did you let them pressure you into anything? This is YOUR mortgage, YOUR house and YOUR money. I don't care if it takes 4 hours (and yes I've seen closings take that long) you should NEVER sign anything without a clear understanding of what it is and what it means. When I used to do mortgages, the closer would go over each document page by page and explain what it meant. If your closer did not do that why didn't you ask?

While I sympathize with anyone who is in a crappy loan such as yours I think you need to not point fingers at FGM/Wilmington but at your friend and yourself. While this may have been a friend of yours you should bear in mind for some people business is very much separate from friendship and just because its someone you know doesn't mean you should go in blind. ALWAYS look at what you are getting into and if you don't understand it or it's not what you expected then just don't do it. Its that simple.

Best of luck to you.

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#1 Consumer Suggestion

Blame your friend not Wilmington

AUTHOR: Stephen - (U.S.A.)

POSTED: Thursday, March 02, 2006

Laurie,
I am a mortgage broker and believe me your "friend" knew about the prepay prior to the closing.You stated that you had good credit so you may want to talk to your friend anf find out why he put you through Wilmington as they are a non-conforming lender which means that they are generally for people with credit issues.A conforming lender generally does not require a prepay penalty.

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