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Maverick
Maverick, Lawyer
Category: Real Estate Law
Satisfied Customers: 6423
Experience:  20 years professional experience
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A builder let us contract a home we put escrow money down

Customer Question

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
JA: Since laws vary from place to place, what state is this in? And has any paperwork been filed?
Customer: Colorado
JA: Has any paperwork been filed?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: Probably need a real estate attorney versus a civil attorney
Submitted: 1 month ago.
Category: Real Estate Law
Expert:  Maverick replied 1 month ago.

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

Expert:  Maverick replied 1 month 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...

Expert:  Maverick replied 1 month 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.

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Expert:  Maverick replied 1 month ago.

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