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Roger
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31770
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I am purchasing a home through Homes and using their

Customer Question

I am purchasing a home through Ryan Homes and using their mortgage company, NVR Mortgage. I disclosed that I had a short sale previously and that I would prefer to close in July, which would be the 4th year of my short sale. The loan officer stated that they don't normally do this and would need approval. I was approved for the loan and NVR Mortgage said that they did not see the short sale on my credit report, so there shouldn't be any issues. I was set to close on June 15th. I received a call from the mortgage processor on June 7th and was told that the underwriter dropped the ball and now they see the short sale. My closing has been pushed back to July 18th. I have to be out of my apartment by June 30th, as I gave them notice. This has essentially left me without a place to live. Does the builder have any liability in this, since the delay was due to a clerical error, and not a construction error?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Roger replied 1 year ago.

HI - my name is ***** ***** I'll be glad to assist.

It doesn't seem that this is an issue with the builder, and it doesn't appear that the builder would have any liability in this instance, since the delay is one with the mortgage company and not an issue with the house being ready for occupation.

Customer: replied 1 year ago.
The mortgage company and builder are sister companies. Ryan Homes owns NVR mortgage
Expert:  Roger replied 1 year ago.

I understand that.....but any issue would be with the lender company -- not with the builder company. They're two different entities for a reason -- and this is likely one of them.

Expert:  Roger replied 1 year ago.

Any claim you had would be against the lender due to the delays caused by its failure to perform its due diligence or for overlooking this issue that you disclosed to them......

Customer: replied 1 year ago.
Ok. That is where my claim would be because of their error. I am waiting to see if they are going to step up and make things right due to their error.
Expert:  Roger replied 1 year ago.

Yes, give them some time to try and resolve this, and if they don't, you can consider proceeding with a claim through a lawyer, etc.

Expert:  Roger replied 1 year ago.

Please let me know if you have any additional questions. Also, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again!

Expert:  Roger replied 1 year ago.

Please let me know if you have any additional questions. Also, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again!