Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

A builder let us contract a home we put escrow money down…

Customer Question
A builder let us...

A builder let us contract a home we put escrow money down and we had a pre approval from a lender just days before we were to close the loan went sour due to a caviars report I fully disclosed we had a foreclosure and it was illegal cause I was a hud home and my loan from Wells Fargo was sold to the Leman Brothers in error during a modification that Wells Fargo foreclosed on me and thought I did not make my payments but later when I showed them my WesternUnion confirmations it was too late the Leman Brothers already filed for Bankruptcy protection and my property was already paid for and gone the deed could not get transferred back. So in the end Wells Fargo created documents in MERS for the court and was able to make it look like they got the deed back and forced me out of my home therefore creating a foreclosure but the district attorney in Colorado scene where this was wrong so I've got litigation that I am going to file after I get into a new home that all happened in 2012. So right now nothings on my record never shows I even own a home Wells Fargo knows they messed up and my blender at the time of trying to get into the home that I was getting into new about this illegal for closure but didn't Check for a cavers there for my loan was denied right before closing. Now that's all been cleared up and the company Saint Aubyn Homes kept my $5000 so upon reapplying for a new home just this week that's already been built ready to go I obtained with my husband two different loans from an accredited BBB loan company and submitted a contract to St Aubyn for a completely different house and they put on a contingency that we had to get approved through their loan company within seven days of the contract being signed. I worked with their company which is non-accredited through the BBB for seven months trying to get approved never got to speak with the loan advisor only the secretary which I thought was quite odd first of all second of all and seven months and still could not get an approval. So we found a company through the BBB and work with them for three weeks and got two different loans an FHA and conventional both to cover the cost of the home we were looking at and submitted the contract and they still was expecting us to go through and get another back up loan which is crazy but regardless of that clause they said they just refuse to build for us or work with us is this legal is there a way around it is it discrimination because I feel like we did nothing wrong because we lost our $5000 for having a home under contract for 2 to 3 months and at home sit on the market for a whole Nother year before it contracted and actually sold we did not create them any loss and they refused to do any business with us it makes no sense can you help me with this I need to get code numbers for the discrimination or wrongdoing I want to submit a new contract with this legal information attached can you get me a real estate attorney and help me? Just some advice

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And has any paperwork been filed?

Colorado

Lawyer's Assistant: Has any paperwork been filed?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Probably need a real estate attorney versus a civil attorney

Submitted: 9 months ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 10 hours by:
9/10/2017
Real Estate Lawyer: Maverick, Lawyer replied 9 months ago
Maverick
Maverick, Lawyer
Category: Real Estate Law
Satisfied Customers: 6,428
Experience: 20 years professional experience
Verified

Welcome to Just Answer! My name is***** give me a few minutes to review your inquiry. Thank you for your patience.

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Maverick, Lawyer replied 9 months ago

I have read your intro. It is a little difficult to follow what exactly happened. I will try my best to assist you based on my understanding. You may want to consider a phone call option with me. You will need to ask for expert Maverick; otherwise you may be connected to someone else.

My first recommendation to you is to forget about trying to pursue a discrimination complaint under these facts. They are very hard to prove and you may have quite a tough time finding a lawyer who will take your case on a contingency fee basis. I would not pay a lawyer by the hour to do this work. More to come...

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Maverick, Lawyer replied 9 months ago

My second recommendation to you is that you go forward with a small claims court suit and try to recover your $5000.00 from Saint Aubyn. You can possibly do this on several grounds:

A. Breach of contract. Look at the papers you signed. They probably have a clause that states that if you are not able to get approved for financing, the builder has to refund your down payment and/or escrow monies.

B. Unjust enrichment. This is when the courts apply discretion and equity to right a wrong even if the law does not support a claim.

You may wish to contact a consumer law attorney on these claims as the law may provide for the recovery of his/her fees from the builder if you win. If you tell me what State you are located in I can assist you better.

Please Note:

(1) This information is for educational purposes only and it may not reflect current legal developments for your specific jurisdiction. It is not guaranteed to be correct or complete and you should not act or fail to act based on this information alone. This and all other Just Answer disclaimers also apply to any telephone communications we may have.

(2) Most follow-up questions are answered with in the hour; however, if I am not signed on, please allow up to 24 hours.

(3) When we are done, please assign a feedback rating. Thank you for using Just Answer.

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Maverick, Lawyer replied 9 months ago

Did this answer your question?

Ask Your Own Real Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Maverick Your Own Question
Maverick
Maverick
Maverick, Lawyer
Category: Real Estate Law
Satisfied Customers: 6,428
6,428 Satisfied Customers
Experience: 20 years professional experience

Maverick is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Barrister

Barrister

Lawyer

11,963 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,255 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,104 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,998 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

P. Simmons

P. Simmons

Lawyer

3,540 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
I signed a contract for sale of my house with a real estate
Hi I signed a contract for sale of my house with a real estate agent representing the buyer. I forged my husbands signature. I now want out of this deal - what are my options:please? … read more
Ray
Ray
Lawyer
Doctoral Degree
8,104 satisfied customers
Real Estate Broker Investor Disclosure If an LLC has a
Real Estate Broker Investor DisclosureIf an LLC has a Florida Real Estate Broker as one of the owners, and the real estate broker is sending out marketing letters making offers to purchase properties … read more
Michael Bradley
Michael Bradley
JD
1,444 satisfied customers
I am in the process of closing on a FHA Streamline Refinance
Good morning, I am in the process of closing on a FHA Streamline Refinance for my primary home. However, the initial offer the broker offered (to earn my business) is not the same as what is shown on … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,247 satisfied customers
If my loan drops out of Escrow, do I get my Escrow deposit
if my loan drops out of Escrow, do I get my Escrow deposit back or do I have to pay for a home inspection for a VA loan that failed to go through? … read more
Bruce Schreiber
Bruce Schreiber
Juris Doctor
508 satisfied customers
I'm a real estate investor and i'm working with a realtor.
I'm a real estate investor and i'm working with a realtor. She has a house to buy I wanted to buy it on an option to buy contract and flip it to someone else before i even buy the house just do a doub… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
8,255 satisfied customers
How do real estate agents charge, and is it different if the
How do real estate agents charge, and is it different if the other party is working through a lawyer?… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
My question deals with real estate law. I am a real estate
I am a real estate broker with a client who also has an attorney advising her. … read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
I have a real estate dispute with my friend, who bought
Hi, this is Meiling Chen. I have a real estate dispute with my friend, who bought house with. I paid half of down payment and mortgage and all other related expenses monthly. I have 4 bedrooms and she… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,878 satisfied customers
I think I became a victim of real estate fraud. Not yet.
Hi, I think I became a victim of real estate fraud … read more
WiseOwl58
WiseOwl58
JD Honors Graduate
4,165 satisfied customers
In a transaction involving a "gift of real estate" there is
In a transaction involving a "gift of real estate" there is no consideration (it's a gift). If the gift deed is recorded is it protected from third party claims or can it be challenged because there w… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,963 satisfied customers
Real estate Question Can you define “wholesale real estate”
Real estate Question Can you define “wholesale real estate” & “Bandit”sign? Also, are bandit signs legal in Michigan?… read more
LegalGems
LegalGems
Juris Doctorate
12,307 satisfied customers
Need a real estate lawyer in city. I signed a real estate
I signed a real estate contract without my thinking through but would like to cancel the contract. what can I do without getting sued? … read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
Is an Agreement for the Sale of Commercial Real Estate
Is an Agreement for the Sale of Commercial Real Estate binding if only the Husband signs the Agreement although both the husband and wife are on the deed for the property … read more
Ray
Ray
Lawyer
Doctoral Degree
8,104 satisfied customers
Does a real estate investment fund need a real estate
Does a real estate investment fund need a real estate license to operate? The crowd funding company's real estate broker license was suspended since 11/11/2017 due to several violations that was broug… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
This is for a lawyer specializing in Consumer /Real Estate
This is for a lawyer specializing in Consumer /Real Estate law. I lost my job due to a disaster (hurricane), that destroyed my workplace. I would like know my rights and options before talking to the … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
This is a real estate question. I have an escrow being tied
this is a real estate question. I have an escrow being tied up due to a property that was loan denied. per sellers lawyer they feel I breached contract due to time frame. Both the broker & my real est… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,963 satisfied customers
Real estate question. NC. Mortgage. Need to know if fha pr
need to know if fha pr va loans will allow for spring water instead of well… read more
N.Brown ESQ
N.Brown ESQ
Juris Doctorate
138 satisfied customers
Are there HUD restrictions on how much escrow a mortgage
Are there HUD restrictions on how much escrow a mortgage company can ask for? I found a rule under Additional Collections that says it can be no more than one-sixteenth of total annual requirements, b… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x