Start by pausing the signing process and comparing the documents—not by relying on a phone explanation. Put your first Loan Estimate, every revised Loan Estimate, any written rate-lock confirmation, and your Closing Disclosure (if one was issued) side by side. Mark each changed dollar amount, interest rate, payment, and loan feature. Then ask the lender in writing what specific fact or event caused each change, whether your rate was locked, and whether the disclosure can be corrected. You can negotiate, decline to sign, or seek another lender, but a purchase contract and closing deadline may limit your practical choices.
“Non-QM” describes the loan’s qualified-mortgage status; it does not, by itself, determine which federal disclosure rules apply. First establish whether this is a U.S. consumer-purpose, closed-end mortgage secured by real property, what the loan purpose and lien are, what property is involved, and which forms you actually received. The Loan Estimate and Closing Disclosure process covers most mortgages, but exceptions exist.
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My non-QM lender raised fees. What should I do?
Use this sequence: freeze the comparison, identify the reason for the revision, check the rate lock, classify the changed fees, decide whether the offer still works, and protect any purchase deadline. Keep every version of every disclosure and all emails, texts, and call notes.
1. Freeze the comparison
Collect these records before negotiating:
- The original Loan Estimate and every revised Loan Estimate.
- A written rate-lock agreement or confirmation, including its expiration date.
- The Closing Disclosure, if issued.
- Emails, text messages, portal messages, and notes of calls with the lender or broker.
- Your purchase contract and amendments if you are buying a home.
Compare the forms line by line. Focus on the interest rate; points and lender credits; origination, underwriting, processing, and other lender charges; loan amount; term and amortization; projected principal-and-interest payment; prepayment penalty; cash to close; and any changed product feature. The Closing Disclosure presents final terms, projected payments, and closing costs. For covered mortgage transactions, it generally must be delivered at least three business days before closing, although coverage and exceptions matter.
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2. Build a written change log
Create a simple table with the old value, new value, dollar difference, document date, and the lender’s stated reason. Separate a rate change from a fee change: a higher rate can alter both the payment and points, while a fee may change cash to close without changing the note rate. This record prevents a conversation about “the total” from obscuring which individual charge moved.
Why did my lender send a revised Loan Estimate?
A revised Loan Estimate is not automatically evidence of misconduct. The lender may have received new information or determined that a qualifying change in circumstances occurred. Ask for the precise event and timing rather than accepting a general statement such as “the market changed.”
Questions to send in writing
- What exact information or circumstance changed?
- On what date did it change, and when did you send the revised estimate?
- Which individual fees, interest-rate terms, or loan features changed?
- How was each new amount calculated?
- Where does each change appear on the revised disclosure?
- Was my interest rate locked? If so, what do the written lock terms say about expiration, extension charges, or changes to my application?
- How do the changes affect my loan amount, monthly payment, total cash to close, and other features?
- Can you issue a corrected disclosure or honor the earlier terms? If not, why not?
The Consumer Financial Protection Bureau recommends asking, “Can you explain why I received a new Loan Estimate?” and “How does this change my loan amount, interest rate, monthly payment, cash to close, and other loan features?” Request the answer by email or secure message so the explanation is tied to the disclosure version.
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Examples include a borrower-requested change to the loan amount or down payment, a different appraisal or property value, a credit change, or income that cannot be verified as originally presented. A changed property, lien position, loan purpose, or product can also affect underwriting and pricing. Ask the lender to identify the fact that applies to your file; do not assume that any one example is the reason in your case.
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Can my lender change the interest rate after giving me a Loan Estimate?
Possibly. A Loan Estimate is an estimate, not necessarily a rate commitment. If your rate was not locked, it may change before closing. If it was locked, the lock generally protects the stated rate through the written lock period when you close on time and your application has not changed in a way covered by the agreement. A lock can expire, and an extension may carry a charge or require new pricing.
Check the written lock terms
- Confirm the locked rate, points, and any associated lender credit.
- Find the lock date, expiration date, and time zone or deadline used by the lender.
- Check whether the lock is tied to a particular loan amount, property, occupancy, appraisal, or income documentation.
- Look for extension, relock, float-down, or changed-application provisions.
- Ask whether the lender believes a specific application change voided or modified the lock.
If you never received written confirmation, ask the lender to state whether the file is locked and to provide the governing agreement. Do not treat a verbal statement that a rate was “held” as equivalent to a documented lock.
How fee-change limits work
For transactions covered by the federal disclosure rules, costs fall into different tolerance categories. The rules are not a blanket promise that every quoted amount is fixed, and a valid change in circumstances can alter how a cost is treated. The lender should identify the category and the fact it relies on for each increase.
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| Category | General treatment | What to ask |
|---|---|---|
| Zero-tolerance charges | Some charges generally cannot increase unless a permitted change in circumstances applies. | Which line item is in this category, and what documented event permits the revision? |
| 10% aggregate-tolerance group | Some charges may increase together, but the applicable group is generally limited to a 10% aggregate increase under the rule. | Which charges are being measured together, and what was the original and final aggregate? |
| Charges that may change without a stated tolerance | Some costs, including certain prepaid or third-party amounts, can vary more because the final amount depends on later facts or provider pricing. | Who set the amount, when was it known, and why does this item belong in that category? |
Category assignment is transaction-specific. A lender’s assertion that a fee is “third party” does not answer whether the disclosure treatment was correct, and a higher total does not by itself prove a violation. Compare the itemized forms and ask the lender to cite the applicable rule or circumstance in plain language. State law, the loan structure, and the actual disclosures can change the analysis.
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Do I have to sign if the terms changed?
No one can make you sign documents you do not understand or accept. The CFPB states: “You don’t have to sign anything unless you’re satisfied with the terms.” You can request corrections, negotiate, delay signing while you investigate, or decline the proposed loan. However, refusing to sign does not require the lender or seller to accept your requested terms, waive a deadline, or keep the earlier pricing available.
Before declining, check the transaction consequences
- Read the purchase contract’s financing, closing-date, default, earnest-money, and extension provisions.
- Ask the seller in writing for an extension before the scheduled closing if another lender or a corrected disclosure will take time.
- Confirm whether your rate lock, appraisal, inspection, title work, or other paid services can be transferred or must be repeated.
- Ask the lender what costs you may owe if you do not close, and compare that answer with the contract.
For a refinance, borrowers generally have more flexibility to cancel the proposed closing than a homebuyer has to abandon a purchase contract. The exact cancellation or rescission rights depend on the transaction and documents, so do not apply a refinance rule to a purchase.
Can I negotiate the changed fees or terms?
Yes. The CFPB says, “You can always negotiate the terms of the mortgage loan up until you sign on the dotted line.” Start with the lender-controlled items: origination charges, underwriting or processing fees, points, lender credits, and pricing adjustments. Third-party charges are often harder for the lender to change because another provider sets them, although the lender should still explain the amount and any permitted provider choice.
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A practical negotiation request
- State the exact line items and terms that changed.
- Attach or identify the earlier disclosure and the revised disclosure dates.
- Ask the lender to honor the earlier amount, restore the lock, or provide a specific credit.
- Request a written explanation if the request is denied.
- Set a response time that leaves room for a corrected disclosure and the required review period.
Do not negotiate only on the monthly payment. A lower payment could reflect a longer term, a different rate, or added points. Compare total cash to close, the rate and APR, payment schedule, prepayment penalty, and other features.
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Should I switch lenders before closing?
You can pursue another lender before closing, but a replacement may require a new application, underwriting, appraisal, title work, and disclosures. It can also take longer than your remaining contract period. Ask competing lenders for the same kind of loan so the comparison is meaningful.
| Comparison item | What to match |
|---|---|
| Loan and purpose | Same non-QM product type, purchase or refinance purpose, lien position, and property assumptions. |
| Rate and timing | Interest rate, APR, rate-lock status, lock expiration, and realistic closing date. |
| Up-front pricing | Points, lender credits, origination charges, and other lender-controlled fees. |
| Outside costs | Appraisal, title, recording, insurance, prepaid interest, and other third-party or prepaid amounts. |
| Loan design | Term, amortization, payment changes, balloon or other features, and any prepayment penalty. |
| Funds and execution | Total cash to close, required reserves, documentation conditions, and the lender’s credible closing schedule. |
Tell the current lender and seller that you are evaluating alternatives, but do not cancel the existing application until you understand the replacement lender’s conditions and timeline. A new lender cannot guarantee that your purchase deadline will be met. Obtain any contract extension before relying on a switch.
What if the Closing Disclosure is different?
Compare the Closing Disclosure to the most recent Loan Estimate and to your rate-lock confirmation. Check the final rate, loan amount, projected payments, lender credits, closing costs, cash to close, and any changed feature. Ask the settlement agent and lender to reconcile every difference before signing.
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How to escalate if the lender will not explain or correct the changes
Preserve the file
Save downloaded PDFs, screenshots of portal history, dated emails, text messages, lock confirmations, invoices, and your written questions and the lender’s answers. Keep a timeline of when each document was received and who responded.
Contact the company first
Use the lender’s designated escalation, compliance, or executive-customer-care channel in addition to your loan officer. Ask for a written response addressing each changed line item and the requested correction. A complaint to a regulator is more useful when the record shows what you asked the company to resolve.
Submit a CFPB complaint when appropriate
If the explanation remains unsatisfactory, you can submit a complaint to the Consumer Financial Protection Bureau. The Bureau generally forwards a complaint to the company for a response, often within 15 days; that is a general forwarding-and-response timeframe, not a guaranteed correction, compensation, or closing deadline. Filing a complaint does not automatically restore the earlier loan terms.
Get legal advice when deadlines or losses are at stake
A qualified mortgage or real-estate attorney can review the actual disclosures, lock agreement, loan documents, and purchase contract. Consider prompt advice if an earnest-money or closing deadline is near, the lender threatens cancellation, you believe a contract was breached, or the financial consequences are substantial. State law and contract terms may provide rights or remedies beyond the federal consumer guidance described here.
A one-page decision checklist
- Have I compared the first and revised estimates and the Closing Disclosure?
- Can I identify every changed row, rate, payment, and product feature?
- Did the lender identify the specific changed fact, date, and disclosure rule?
- Do I have written rate-lock terms and an unexpired lock?
- Which fee-tolerance category applies to each increase?
- What are my cash-to-close and monthly-payment totals under the new offer?
- Can the lender correct or negotiate the change?
- Would another lender meet the contract deadline with the same loan type?
- Have I requested a purchase-contract extension before switching or refusing to close?
- Are all communications and document versions preserved?
Frequently Asked Questions
Is a non-QM loan automatically exempt from the Loan Estimate and Closing Disclosure rules?
No. Non-QM is a qualified-mortgage classification, not a complete disclosure exemption. Coverage depends on the transaction’s purpose, structure, security, property, and the forms actually provided.
Does a revised Loan Estimate prove the lender violated the rules?
No. The reason, timing, fee category, changed circumstances, and original disclosures must be reviewed together. Some revisions are permitted.
Will a CFPB complaint force the lender to restore my original terms?
No. The CFPB complaint process is an escalation route and generally seeks a company response; it does not guarantee restored terms, compensation, or a closing by a particular date.
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