Home Selling in 11716>Question Details

Honey, Home Seller in 11716

If the bank issues a clear to close and then denies the mortgage within 48 hrs of closing based on property condition does seller get to cure?

Asked by Honey, 11716 Thu Aug 5, 2010

I entered into contract to sell my house to a mortgage banker. Within the 30 day commitment period his attorney stated that they were clear to close and we scheduled the closing. The purchaser's atty requested the purchaser have access to the premises to measure. We allowed him to come in and he brought a contractor with him. Within hours we received notice that he was cancelling the contract. We then received notice that the mortgage was denied because of an illegal garage conversion. This lender happens to be the company that the purchaser works with. We exercised our option to obtain the necessary certificates and he stated he still did not wish to close. The purchase was putting down 1/2 the purchase price at closing and taking a loan for the other half. It is clear that the purchaser had a change of heart and now he wants his down payment back. We are refusing.

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Not knowing all the details as they relate to your specific situation--Your question can best be answered by your attorney, consider a consultation--
1 vote Comment Flag Thu Aug 5, 2010
Wow! Sorry to hear you're having such a hard time. I hope you have a good lawyer. Something doesn't seem right.

Good luck.
1 vote Comment Flag Thu Aug 5, 2010
I would stick to your guns on this one. I am sure that this buyer of yours, working for a mortgage banker, had an inling that this conversion might not be legal. Did he ask for CO's up-front? Did he even mention anything to you about this? I am sure that you are wondering about why this loan could be cleared to close and then this comes up. Often it is because the loan was cleared to close from underwriting based on credit/income/assets, now the closing department reviews title and sees this. It is rare that they would even pick this up because generally they don't look at the title report and the appraisal together to see exactly what has a CO and what doesn't, but somewhere along the line this should have been questioned before.
0 votes Comment Flag Sun Aug 8, 2010
Good for you! Go with what your attorney recommends. That sounds pretty cut and dry. Of course, I don't know the full story, but wow. That's really not right.
0 votes Comment Flag Sun Aug 8, 2010
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