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Old 01-28-2006, 10:41 AM
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Join Date: Jan 2006
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Desperately needing help in Texas!!


I have been working with a well known lending company on buying a small farm with nice house, well, pens, etc.. since around the beginning of December. All paperwork has been done and an original closing date was set for this last Thursday, January 19th. The guy I'm buying the place from, a very close friend, was out of state on work and couldn't make it home for closing, so the mortgage company rescheduled closing for this coming Monday, January 30th. The mortgage guy I have been dealing with is out on vacation this week, the reason closing was not scheduled for this last week, but I have known he was to be gone since the beginning.
I received a call Tuesday evening, January 24th, from this guy's sales manager telling me there was a problem, and that both he and the original mortgage agent had missed the fact that the company requires 15% down on rural property. This AFTER the original closing date keep in mind. Throughout the month of December and January, it has been made clear to me that this was 100% financined, and the only money I or my friend would need was at closing. I explained to the second gentleman that this was the understanding for almost 2 full months, that the house I have been in for the last 13 years would be rented as of March 1, and that what little money I hadn't spent trying to get my daughter ready for college this next fall had been spent on the nickle and dime things I had to take care of preparing for the buy. I received a call from the branch manager last night advising me that he had gotten the downpayment down to only 5%, and to keep the closing date the same would have to come up with this money by 9 a.m. Monday morning. I was told by the second man, the sales manager for my original mortgage guy, that even though both he and his subordinate had made the mistake, that I was, in his words, "pretty much screwed".
My question is, is there anything I can do to force them to stick to the original agreement?
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  #2  
Old 01-28-2006, 11:04 AM
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Join Date: Aug 2005
Location: St. Odo of Cluny Parish
Posts: 28,150
Quote:
Originally Posted by BosshogTX
I have been working with a well known lending company on buying a small farm with nice house, well, pens, etc.. since around the beginning of December. All paperwork has been done and an original closing date was set for this last Thursday, January 19th. The guy I'm buying the place from, a very close friend, was out of state on work and couldn't make it home for closing, so the mortgage company rescheduled closing for this coming Monday, January 30th. The mortgage guy I have been dealing with is out on vacation this week, the reason closing was not scheduled for this last week, but I have known he was to be gone since the beginning.
I received a call Tuesday evening, January 24th, from this guy's sales manager telling me there was a problem, and that both he and the original mortgage agent had missed the fact that the company requires 15% down on rural property. This AFTER the original closing date keep in mind. Throughout the month of December and January, it has been made clear to me that this was 100% financined, and the only money I or my friend would need was at closing. I explained to the second gentleman that this was the understanding for almost 2 full months, that the house I have been in for the last 13 years would be rented as of March 1, and that what little money I hadn't spent trying to get my daughter ready for college this next fall had been spent on the nickle and dime things I had to take care of preparing for the buy. I received a call from the branch manager last night advising me that he had gotten the downpayment down to only 5%, and to keep the closing date the same would have to come up with this money by 9 a.m. Monday morning. I was told by the second man, the sales manager for my original mortgage guy, that even though both he and his subordinate had made the mistake, that I was, in his words, "pretty much screwed".
My question is, is there anything I can do to force them to stick to the original agreement?

Q: My question is, is there anything I can do to force them to stick to the original agreement?

A: Yes, they should stick to the original agreement, but you would be better off getting a new lender. It would take years to make the first lender do anything since the court system is slow.
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  #3  
Old 01-28-2006, 11:16 AM
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Join Date: Jan 2006
Posts: 2
Thank you SENIORJUDGE. Another problem is that I don't have the time to go through this all again. My friends closing on his new home is at stake here as well, as he must be clear of this title for 10 days to sign on his, and his date is set for February 10th. Anything after that HUD will penalize them per day.
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