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C.Fortunato, Attorney
Category: Legal
Satisfied Customers: 8023
Experience:  Admitted NYS Bar, member ABA, NYSBA, NYCBA, QCBA, Licensed Real Estate Broker
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My husband and i were in the process of buying a house at the

Customer Question

My husband and i were in the process of buying a house at the beginning of the year but unfortunately after being lied to for several months we did not end up getting our loan. Once we had found the house we wanted our offer was accepted and our loan was "approved". Within our 30 day contract we kept getting the run around from the mortgage broker regarding the closing date. They asked us to sign an amendment for another 2 weeks only to be let down again. The broker took nearly 2 months to have us sign the good faith estimate which we never received copies of. He explained that closing would surely be within the next 2-4 days. Once again closing did not happen. After nearly 3 months and a second amendment we were told we could connect the light and water since it was a "done deal". Being that we were first time home buyers no one advised us that this should not be done. We ended up losing about $2000 in earnest money inspection appraisal & utilities because of a boggus loan
Submitted: 7 years ago.
Category: Legal
Expert:  C.Fortunato replied 7 years ago.
Were you actually turned down for the mortgage? Or are you still waiting for an approval?
Customer: replied 7 years ago.
No. we have been given different explanations. The guy closed shop, our loan never existed, i called the corp. office to find out what happend but they said i should ask him and he is no where to be found because he changed his number
Expert:  C.Fortunato replied 7 years ago.
The earnest money is supposed to be held in an escrow account, and returned if there is no closing, but through no fault of the buyer. The only way the earnest money can be kept is if the buyer backs out of the deal without a good reason.
Given the facts presented, it really looks like you are entitled to get the money back, including all expenses incurred, in addition to the earnest money.
Since it also looks like the broker has no intention of cooperating, you may have to go to Small Claims Court to get your money back. You can do this on your own, without the help of an attorney.

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