Is it fair- NO. Does that Lender sound underhanded-Yes, very. Most important question- Did you sign a contract with a claw back? Ultimately, that is the bottom line. I'd personally never sign a 90 day claw back....or even a 30 day.

Either way, you should talk to the Lender; don't burn bridges....see if they can cut it by 75%(or at least 50%) since it was almost 3 months. After it is settled I'd ask if they can either get rid of the clawback or at least make it a 30 day(If you decide to work with them in the future).