Proficio Mortgage False statements and failure to return fees when services not rendered Internet

my response was as follows:

We  have a solid rating with the BBB.  You were referred to me because of the job I do and the customer service I provide.  If you look, you will find complaints about any company.  And the big banks (the big 4) will have miles and miles of them.  You have my office phone and my personal cell.  You are able to reach me any time you like. 

This complaint , in particular, addresses an appraisal issue and a non-refunded appraisal fee.  BY LAW, no lender (be it me, the guy down the street or the big banks) can legally chose an appraiser.  Per HVCC and similar regulations now in place, the 3rd party vendors that we are required by law to use place the appraisal order with the appraiser.  They have their own list of appraisers and they verify their credentials.  {We subsequently verify their license and their E&O insurance. }

There is no special certification an appraiser has to have to appraise a 250k home vs a $1.2 million home {only experience on a resume which we, the lender or broker, can no longer see}.  The borrower may have the opinion that the appraiser was  not qualified but it is only his opinion.  People tend to be very opinionated when their house is worth less than they “swore” it was and everyone always thinks that their house is “certainly” better (nicer, more upgraded) than the guy next door.  Furthermore, appraisers reach their values by very regulated metrics.  Comparables on an appraisal have to be like property (condo to condo in your case) within a 1-2 mi radius unless special circumstances and a case can be made for a larger radius and actual sales that have occurred within the last 4 mos.  No matter how any of us likes to interpret the value of our own home, a home is only worth what you can sell it for.  And, I don’t know too many folks that like to pay the most of any home in the neighborhood.  Also, a home can be over improved for a neighborhood.  If you do so many upgrades to your 250k home that {you feel} it should be worth 400k but there are only 250k homes in your neighborhood, that home would then be unique to that neighborhood and be a riskier investment for the bank because people looking to buy in that neighborhood aren’t looking for 400k homes.  Make sense?  {certainly, I'm not saying that there is no such thing as bad appraisals.  But, unfortunately, the way the laws are currently written, it is VERY difficult for a loan officer or a borrower to dispute value on an appraisal unless it is blatantly incorrect information.}

Lastly, by law, if an appraiser does the work (completes the appraisal) he must be paid.  That is the only out of pocket fee involved in a refinance or a purchase before the loan actually goes to the closing table for exactly that reason.  So, this gentlemen {should have been} aware that if the appraisal was done, it had to be paid for.  Whether he agreed with it or not.    {Generally, a credit card is collected up front.  Some other lenders call this a non-refundable application fee.} 

 All that said, no, this is not applicable.  Unless the appraisal comes back and you are disgruntled with it.  In that case, we have already covered the fact in prior conversations that even if it comes back low or with not enough 400 sq ft condos, you will be responsible for that fee and only that fee.  All other fees for services ordered by my company do not get paid until you go to closing.  If you don’t close, we all worked for free.  Does that help?