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I entered into a contract with All Western Mortgage to

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I entered into a...

I entered into a contract with All Western Mortgage to purchase a home. I was awarded the pre approval letter which was given to my real estate agent with the approval of the USDA loan, only for my real estate agent to find out USDA loans were not offered in Pinal County, we went back to the lender and presented him with this and he said oh sorry I didn't know that we don't do a lot of these loans, so giving him the benefit of the doubt he then approved me for a Home in 5 down payment assistance program, gave the pre approval letter to my agent again we went searching for homes found one and entered into a contract based off my pre approval. My agent consistently asked is everything ok, do you need anything else from Shannon closing is only a couple weeks away, the answer was always no, she's good. I payed for the Appraisal on the property, the Inspection and gave my ernest money only for them to come back a week before closing and say oh, they don't do that down payment assistance program for Pinal County. They then came up with another program called the Chenoah fund but we were told it was brand new and they had to be trained on this program and we wouldn't be able to close by Sept. 20th the seller could not wait. Also I was entering into this contract with a Chapter 13 files, I got the approval from the Trustee to purchase but with payment stipulations, the contract that they approved me for went above what the trustee allowed and now im told my DTI is too high by another lender. My agent is requesting a denial letter so I don't lose my ernest money since I have already lost 895 from the appraisal and the inspection and they are refusing to give her the denial letter and cant give a final approval. I do not have 1895 to throw away. Do I have a case against All Western Mortgage? My real estate agent as well as myself both have all communication and documents

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Arizona

Lawyer's Assistant: Has any paperwork been filed?

I have the docs that they had me to sign to get the final approval, I signed the contract with the sellers and I have the Escrow account that has been set up. I also have a copy of the appraisal as well as the inspection that I paid for

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

No, not that I can think of, im sure the lawyer will have questions

Submitted: 11 months ago.Category: Real Estate Law
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Answered in 5 minutes by:
9/15/2017
Real Estate Lawyer: Legal Eagle, Lawyer replied 11 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 14,296
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. Do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. Additionally, most people believe a phone call is the easiest and most efficient way to handle problems. Accordingly, you will receive an automatic phone call request. If you would like a phone call, please click “Accept” when prompted.

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Real Estate Lawyer: Legal Eagle, Lawyer replied 11 months ago

I’m sorry to hear about your situation. This to me sounds like a classic case of negligence because of All Mortgage’s failure to properly determine whether you qualified for a loan. Negligence simply means that there was a duty that the other party owed and they breached that duty in some way. What is most important is that it is proven that the defendant breached their duty of care because that is what mostly determines whether there is a cause of action. Basically, the question is, “Did the defendant’s actions fall below the standard of care for a reasonable person in a similar situation?” If the answer to that question is yes, then there is negligence and you are entitled to damages. Damages can be difficult to calculate, but if you click here you can use a calculator help you understand.

Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually.

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