Posts Tagged ‘bad situation’

Issued a commitment letter from lender on a home. Now I can't close, says my income doesn't qualify. Legal?

Saturday, May 1st, 2010

Found a house I fell in love with early december after already securing financing… or so I thought. The loan officer approved me and gave me a commitment to lend letter from the bank. The only conditions on that commitment were that it pass the appraisal inspection (it’s a VA home loan) and that any conditions for repairs in my offer be met. We were supposed to close Dec 30th, but didn’t because the sellers repairs were not acceptable and he hadn’t done the repairs the VA appraiser wanted. He says he will fix them and does them repairs properly this time. House is inspected again, my private inspector and the VA inspector are happy. The house even has ,000 in positive equity on the appraisal. Loan officer tells me the paperwork is essentially done, they just have to say the repairs were done and everything is good. We agree to close the 5th of January.

Monday the 4th, the loan officer calls me and says there is a problem with my residual income. I need to free up 0 more a month to qualify for the loan. The mortgage on my house will be 0 less per month than I pay in rent right now and I qualified for this apartment! I don’t have any debts except a student loan and a car payment. The student loan is only a month so the only way to free up enough income would be to pay my car off in full, which is impossible for me right now since I don’t have 11,000 in cash.

Now he is telling me if I don’t find someone to cosign and boost my income then he can’t close the loan. I’ve already given notice on my apartment, paid a lot of money to break my lease, and bought and paid for appliances for this house.

I think a complete disaster may be averted since my mother offered on her own accord to cosign on the loan with me yesterday, but he still has me in a really bad situation. Shouldn’t my income qualification issues have come up a long time ago? Why was I given a commitment letter from the bank? Had I known it wasn’t a sure thing, I would have never put in notice on my apartment and I would never have bought appliances. Now I am stuck paying 0 for a VA appraisal fee if I back out, I forfeit 00 in earnest money, and i’ll be homeless and forced to pull a couple more grand out of thin air to find another place to live since there are no open apartments and mine is already going to someone on the waiting list.

Is what the loan officer did legal? Even if this loan closes, I still want to know what recourse I have or if there is any way to report him. I don’t ever want this to happen to someone else.
I wasn’t asking if I had a "case," just if they could actually do that. A commitment letter from a bank would mean that not only had I been approved for the loan (they ran my credit, had my W-2’s, paystubs, verified income and my employment, everything) but also through underwriting. There is a huge difference between a pre-approval and a commitment to lend.

How to get my girlfriend's ex-boyfriend out of her house?

Friday, February 12th, 2010

My girlfriend and I have been dating for just over 2 months now. She’s in an ugly situation with her ex-boyfriend. A few years ago, she bought a house with him when they were dating, then later got a home equity loan; both of their names are on the loans. More than a year ago, she broke up with him, but he didn’t leave. He’s been sleeping inthe master bedroom while she’s in another room; her 19-yr old daughter is in a 3rd bedroom. He has refused to make payments on the home equity loan, claiming that he’s getting no benefit from the items purchased. Also, their agreement in the past had been that she paid the electric bill and he paid the water bill, but a few months ago, he stopped paying the water bill without telling her. Recently, the water was shut off. My girlfriend didn’t want to back down, so she had been living in the house with her daughter; they use bucket water to flush the toilets, and shower at the gym. He now wants to foreclose on the house. She consulted with a real-estate lawyer who said that’s what she should do: not make payments and save the money to use when kicked out. She wants the water back on, and sent him an e-mail stating that she will let the house go into foreclosure (he won’t agree to a quick claim) and wants him to pay to have the water back on. He didn’t respond, so she’s going to take him to small-claims court to try to recover the money he hasn’t paid on the home-equity loan and the water turn-on fee. So far, he has not made any threats to her or her daughter. I know this is a bad situation, and would appreciate any advice any of you have on what she can do to get him out. Thanks–Bill in Phoenix

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Bankruptcy? my situation?

Monday, November 30th, 2009

one of my property gone foreclosure. i have equaity line of credit on this
000.00 . 2nd have property retail store i have EQUITY on this about 000.00 . i try to make this property to start s business . but construction contractor scam me about 000 . he naver compelete work on this property . i am going to hire a lawyer. i was away from this property . he gets money by calling me on phone . yes he have done this job , renovation please send me cheak . he cash my credit and every thing . what i do now PLEASE HELP ME . local city wants 7000.00 taxs on this property . i have not
SO DISCOVER BANK HAVE send me letter for sue on me about 000.00 well
plus home depot card i owe to them 00.00 other store about 00.00
please reply me
i make only 00.00 per month but i have lot of bills . due to this contractor .

now I am in bad situation .

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Any suggestions as to how to refinance when your upside down on a mortgage?

Friday, July 17th, 2009

My husband and I bought a home from my husband’s former employer for 0,000. The home appraised at 0,000. The employer co-signed and put up a ,000 CD as collateral. We didn’t have good credit and had to pay some things off, so the employer did that for us, so we owed him money. We paid him back with the loan, but now we have to refinance the home come January and we have not been able to afford to do any improvements on the home, and It will not appraise at what we owe on it. No one is willing to refinance 100% because of the negative equity, and I don’t have the ,000 plus closing costs to pay the differece. Not sure what will happen if we don’t get refinanced. Can’t sell either I would assume. Any suggestions?
Payments have always been on time. We can afford the payments. That has never been a problem. At the time, it seemed they were doing a nice thing for us. I’ve never bought a home before, and we were living in a mobile home that was older than dirt and falling apart, and I was desperate to get out of it. I had no idea this would come back to bite me in the ass. Seemed at the time they were doing us a favor, but now I see they took advantage of our bad situation. Of course I never would have agreed to do this if I had known that we would end up in a situation like this.
This is what was written about the CD:
AGREEMENT REGARDING PLEDGE OF COLLATERAL AND GUARANTEE

"Bank" is lending the necessary proceeds to "buyers" to purchase said property on the condition that the loan is guaranteed by the "seller", and on the condition that a Certificate of Deposit owned by "seller" is pledged as collateral for said loan.
It is hereby agreed and stipulated by and between said parties as follows: 1. To the extent that "sellers" are required to pay any amounts based on the guarantee, or on the pledge of additional collateral in the form of a CD, they shall be entitled to a n assignment of whatever security is held by the "bank" for the amount of said payment. 2. Any assignment made by virtue of paragraph 1, shall be subordinate to any remaining interest held by "bank". 3. If "sellers" are required to pay any amounts on the mortgage bu virtue of their guarantee, they shall be in the same position by virtue of the assignment as the "bank" and would then own all the

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