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Lender wants me to help refinance


MN dhawk

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Client is refinancing home mortgage. Lender sees royalties of $300 on form 1040 which came off a broker statement. Needing an address to get ATX to efile, I used the broker's. The bank wants a letter from me explaining that client either owns that location or doesn't! This seems so insignificant an stupid that I feel that just having my letter in their file could give them some legal advantage down the road. If I don't respond, would they deny the refinance? Any comments would be appreciated. Thanks.

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Have the client give a copy of the broker statement to the lender. YOU should not give ANY letter of ANY kind to the lender; they are looking to off-load their underwriting responsibility to you. If the client ever defaults on the loan, the lender will come dunning YOU since they'll blame their decision on approving the loan to your statement. Even if all your statement says is "as far as I know this client does not pick his nose in public."

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>>a letter from me explaining that client either owns that location or doesn't<<

Odd question from a lender--they are going to run their own title search anyway, so it makes no sense for you to speculate on the matter. Tell your client you can only provide a generic statement (delivered to the client, not the lender) that you prepared the tax return solely from information provided by the client without independent verification, and that your work is only intended to comply with the tax laws and may not be suitable for any other purpose.

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There are a number of generic "mortgage letters" available online if you're looking for specific wording. I have never prepared one of these letters and my clients have never pushed once I explain why the lender wants it. Nor have any of my clients been denied a loan for lack of a letter from me.

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