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Ask Asad Rahman Your Own Question
Asad Rahman
Asad Rahman, Lawyer
Category: Legal
Satisfied Customers: 2129
Experience:  Practicing Attorney with 10 years experience
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I applied for pre approval for a mortgage loan and paid the

Customer Question

i applied for pre approval for a mortgage loan and paid the earnest money with the builder at the same time. unfortunately i was not approved. the builder already cashed in my earnest check of 2T. Will I still be able to get my 2T earnest money back since I wasn't approved ?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Texas
JA: Has anything been filed or reported?
Customer: the lender already informed me by e-mail that they sent me a letter of disapproval of my application for mortgage loan- I am still waiting for it due to the holidays but the lender also asked me if i have talked to the builder. I tried to call the rep of the builder but its always the voicemail.
JA: Anything else you want the lawyer to know before I connect you?
Customer: It happened 2nd week of dec 2016. just want to know if I still have the legal right to follow up on the status and retrieval of that earnest money or should I just stop and let th builder take it like that . Thank you very much.
Submitted: 5 months ago.
Category: Legal
Expert:  Asad Rahman replied 5 months ago.

You should be able to recover it. Did you sign any contract with the builder that this would be contingent on financing?

Expert:  Asad Rahman replied 5 months ago.

Let me know if you have any other questions otherwise a positive rating of 5 stars would be greatly appreciated.