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Will a pending construction defect lawsuit prevent condo owners from refinacing?

Profile picture for doublem9
The lawsuit was filed by the HOA for certain common areas unrelated to the unit in question.
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September 26 2009 - Portland
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Answers (3)

Profile picture for MikeEmery
We had a similar situation in Minneapolis involving a large development that had lawsuits pending regarding construction issues. It became very difficult to find banks to lend on the property with the cloud hanging over the development.

At the time, the homeowners association sought out several lenders that were willing to do loans, but with the then unresolved issue of whether home owners might be liable for some of the repairs, it made it difficult to sell properties in the development.

Fortunately, the issue was resolved but not without having homeowners pony up cash for a portion of repairs.
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September 30 2009
Profile picture for Oregon Mortgages
I have worked with several borrowers with these situations. A lot depends on what is showing up on Title and most importantly, where the HOA is in the litigation process?

But generally speaking, the judge needs to sign the paperwork to have the litigation resolved before most lenders will take this. The issue isn't so much with he unit that you are looking at, but in what could potentially be charged to you if teh HOA is unsuccessful in getting the work completed. A "Special Assessment" could be huge and force you into default on your loan. Banks don't like the unknown...

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September 30 2009
Profile picture for daveskow
yes it will stop most lenders  from proceeding .....you should ask your loan officer to  check public records  to find out  if any transactions (purchase or refi) have happened in the complex since the litigation  started ...find out who those lenders were and check with them to see if they are aware and OK in doing lioans in the complex
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September 26 2009
 

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