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Additional Details
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nicole 512 | How can i sue my mortgage broker for lying 2 me? |
my loan officer for the 2nd time has approved me for a loan and it failed. the 1st time we moved in on her word we were closing on such and such date. on the way to the closing i recieved an email the deal was no longer. no reason why? then she quit her job. Leaving us in debt with the seller. this time, she sent the gfe and the preapproved letter and told us to put down the earnest money. we were suppose to meet with her 2x's this wk and she never showed either time nor did she call. we are suppose to close this wed. or we lose the earnest money and are homeless with a 1 yr old. what should we do?please help? |
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Genki
 |
Most of the answers so far talk about filing claims and that might sound nice but it won't protect your purchase and your deposit which is what your question was.
I would:
- Talk to the broker/owner of the mortgage company. If you were approved for a loan, another person in the office can take over and finish it. If you weren't approved, the broker can discuss your options with you. Even if you didn't have a real loan yet, you can most likely get approved within a week.
- Talk to the seller. Explain what happened, how you acted in good faith, that you want to buy the house, you are doing everything possible to make it happen as quickly as possible, etc. You should do this through your agent, if you have one. If the seller is flexible, they might be willing to delay the closing for a few weeks so that you can get a new loan.
- Yes, it is certainly possible to move in to the new house before closing; it's called being a "renter" :-) We also call it "tenant in possession." Likewise, it is also possible for the seller to stay in the house after selling; it's called "seller in possession." These are not always the best choices, but they do happen and there are standard real estate forms for these situations.
- If the seller cannot/will not accommodate you by extending the escrow so that you can get your new loan, they still might not automatically get your deposit money. In California, for example, I've never had a buyer lose their deposit money even though one or two have had to back out after removing all contingencies.
The trick is this: In order for the seller to keep the deposit, they need the buyer's agreement to release it. The buyer, not wanting to lose the money, sues the seller (cost: $1000) and files a "lis pendens" which means that, not only is the seller being sued, they cannot sell the house either! The seller, wanting to sell the house and not tie it up in litigation for several months, will cancel the purchase contract and give the buyer their money back in return for dismissing the lawsuit. This is not really fair to the seller, but it does work and any real estate attorney will do it this way.
- Talk to your current landlord about extending your stay for another 30 days.
- Document what happened so that later, when the dust has settled, you can file a claim against the loan company. If you get to that point, ask a question here again and you'll get plenty of help.
There are so many honest mortgage people out there, don't stand for this crap. Get referrals to a good real estate agent and a good mortgage broker, and you'll do fine!
Good luck! |
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mister ed
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you need help fast -- if your TV station has one of those roving reporters that dig up dirt and scams call it -- this is just the type of story they like to put on the air. help will come from all directions. be-sure to play up the 1 yr old good luck........................... |
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hollywoodmelody
 |
She is a scam artist and is losing ground. why would she quit her job so fast and why is she not meeting with you. These are all RED FLAGS and she should be reported. Ask the company of which she did work for if they have another loan officer that is taking over her files. They should because they can be sued right along with the loan officer for fraud. If they say she took her files with her, then they are still legally misrepresenting their services to you and can be sued as well. Closings don't always happen on time for various reasons. You need to call your Escrow Officer and make sure she knows what is going on. The Escrow Officer can make phone calls on your behalf as a third party and can talk to people you can't get to. Also get your agent involved because he has a fiduciary responsibility to see this through for you and his Broker and the agent can be sued as well. You are not in this alone, but unfortunately you have to do some legwork quickly. Make sure you have all communications whether by email,letters,phone calls with names,dates,times, and document everything. Keep a file for all these things with your Purchase Contract , Escrow Instructions and ask the Escrow Officer for any copies of paperwork that you need or don't have as yet. If and when you take them all to court you have everything you need for a lawyer(if you can afford one) or do it yourself with the court clerk who will help you out. Even if the other parties have attorneys do not be worried. You have written proof of your side of the story and the judge will make note of that. The judge can make a fair decision on who would win the judgement because of all the footwork you have done for yourself and is in place. |
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Sophiesmama
 |
Did the preapproval letter have any contingencies, such as approval is based on a good credit rating, or subject to verification of employment, etc. If those conditions were not met, then the lender has the right to withdraw their approval. If it was not subject to any conditions and you have a letter in hand to that effect, you go to the lending institution and talk to the manager. If no luck with the manager, then you consult an attorney. Lesson to be learned her is that you should never move in unless the deal is closed. |
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susiqr1 s
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check the below link its useful
http://datentryworksworkathomeobs.blogspot.com
. |
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Tiko
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If you live in California blease email me at ttiraturyan@yahoo.com
I could answer all your questions and get your loan through within two weeks. |
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txpainthorse
 |
I would contact her employer. They must have a record of the deal and demand why and what to do. Tell them what happened and you must be persistent so that you can get answers. |
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Mortgagemom
|
I'm wondering why you went back to her a second time.
In any regards, if your state requires licensing, such as IL, you can contact the Office of Banks and Real Estate or the governing body in your state. Report her actions so they can investigate.
Definitely contact the owner of the company that she works for. Their license could be jeopardized by her actions and therefore they will be more than willing to help you obtain financing quickly.
Just an FYI - pre-approval letters are not binding. Until you receive an approval letter, you do not have a commitment to lend. Your contract should provide for the return of your earnest money should you not be able to meet the mortgage contingency.
Please get an attorney too, if you don't already have one.
I truly hope this all works out for you. |
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mercuryrising81
 |
I would definitely contact an attorney immediately. I would also let her know that you are contacting an attorney because this deal seems very shady. I would also contact her boss or owner of the company she works for and tell them that you are going to an attorney. That might help. The attorney should be able to give you the correct legal advice that would help you out. Good Luck! |
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ticketoride04
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prove your case and attach their 'errors & emmissions' insurance. |
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Blue October
 |
i would go speak immediately with her boss. it almost appears that she may have skipped with the monies. if she did, they will need to proscute her as well for putting their firm in danger.
you said you had 'moved in'....i hope that does not mean moved into the home...cause you never take possession of a property until after closing. (this could also be a problem)
if you speak to her boss and it appears nothing can be done, you may fall out of closing and attempt to secure a loan on your own (through your own bank etc).
Based upon your conversation with her boss, i would attempt to sue them and/or her.
get a good real estate attorney
good luck :) |
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Dr. Deth
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does she have a boss you can go to? |
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à´‡ ĘļÃäņå à´‡
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Red flag!
Start seeking free consultation from several lawyers to find the median of the advise being given and then hire an attorney immediately while the incident is still fresh. |
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Alterfemego
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I would call the Department of Commerce in your state and file a formal complain against her. In the meantime, find another lender in your area with a well established name and reputation. Tell the sellers or sellers agent's the situation and ask for their patience. Don't be silent on this, don't just give up. This loan officer should not be in the business and it hurts us all when this happens. |
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