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Refinancing turned into headache for Washington woman

12:38 PM Mountain Standard Time on Tuesday, September 11, 2007

By Bart Treece / 3 On Your Side Producer

A lot of folks are refinancing these days, but one woman says her refinance deal took a horrible turn.

Every once in awhile, 3 On Your Side helps folks outside of the state if there is an Arizona connection. That's certainly the case this time.

A woman up in Washington state used a mortgage company to refinance her loan. But instead of getting money out of the refinance deal to pay off bills, she says the mortgage company took that money for itself.

"At this point, I'm going to have to ask you to leave," said David Hosterman with Ace Mortgage.

To understand why this man at Ace Mortgage doesn't want to answer questions from 3 On Your Side, you first have to meet Eryn Nelson, who lives in Washington state.

A few months ago, she used an Ace Mortgage branch office in north Phoenix to refinance her mortgage.

"We thought this was going to be the best decision for us," Nelson said.

Nelson said she was trying to get out of a bad loan while at the same time pay off some bills. So, she used Ace Mortgage to make that happen.

"We wanted to refinance and bring in our credit cards and have just one payment going out, try to save some money each month," Nelson said.

According to the paperwork Nelson signed, her refinance package included $5,000, which would go toward a credit card. But after closing the deal, Nelson received a measly $18 check.

"This is not what was signed and agreed to on our mortgage," Nelson said.

3 On Your Side took Nelson's loan paperwork to Dean Wegner, a mortgage broker here in the Valley.

After examining Nelson's documents, he says he noticed that Ace Mortgage changed the terms of the loan without ever re-disclosing that to Nelson.

"It's completely against banking law, yeah, there's no re-disclosure," Wegner said. "Anytime you change anything in the terms, it has to be re-disclosed."

According to documents obtained by 3 On Your Side, Ace Mortgage had initially eliminated their $5,000 broker commission, but then decided to put it back into the new paperwork, which they faxed to Nelson to sign.

Now, even though Nelson never signed the new paperwork with the new terms, the deal went through anyway.

"Ace Mortgage needs them to sign this so they're in compliance," Wegner said. "Right now they are not in compliance."

Ace Mortgage refused to speak about Nelson's situation over the phone with 3 On Your Side so we went to an Ace Mortgage office in Phoenix.

Arizona state regulators say because Nelson's house is in another state, their hands are tied and said the issue would have to be addressed in Washington where she lives.

As for Nelson, she thought home refinancing through Ace Mortgage Funding would be the answer to her money problems. In the end, she says it's just caused nothing but headaches.

"They're wrong," Nelson said. "I don't want to be rude on TV, but they're just wrong. They shouldn't have done what they did."

We tried contacting Ace Mortgage Funding's corporate headquarters numerous times, but they have not responded to our request for comment. Regulators in Washington state are looking into this and we'll stay on top of it.

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