Refinance problem: is mortgage broker responsible in Virginia?

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Q. Refinance problem: is mortgage broker responsible in Virginia?

A. We applied for a refinance two month ago with with a Mortgage broker in Virginia. I asked the loan officer to lock in the interest rate for us over the phone, then met with her to do the loan application and gave her a check for the appraisal and credit check. We never got an official lock confirmation letter from her. We have been in touch with her once every few days to make sure everything is ok and to provide her with all the document needed. She assured us everything is on track and that we should get an approval from the lender anytime. Then when it's about time to close (40 days after the initial locking), she told us she never actually lock in the rate for us. She wasn't able to get a confirmation from the bank the first day and she has been trying but unable to lock the same rate for us because the rate has been going to sharply in the last 2 months. She is not able to compensate for our loss, we took the complain to her supervisor and manager. They said the company is not responsible for the independent consultant's mistake, all they can do is to fire her. They are not liable for my loss. They said there is no evidence showing we requested a rate lock, so everything is just misunderstanding between the officer and us.

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