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condo site not FHA approved- gambling on approval

Profile picture for cupidslj

I was told by a builder in June that they could get spot approval for FHA easy breezy.  Faxed mortgage app in June.  Still waiting.  The builder said in June that 43% of the condos were sold at that time.  I know learn that they needed to sell more units in order for there to be a chance they were approved.  I feel this should have been disclosed to me at the sales contract signing?  Any opinions??

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September 09 - US
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Profile picture for Bob Lowery
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Since February 2009

so I now have learned my lesson...sellers lie about everything and lenders help them  

No, its not all lenders you have to worry about........just the lenders on their "preferred" list where they bribe you with an upgrade or two.

I have two clients screwed by a builder recently.  They took a higher rate, higher payments, and higher closing costs.....all by the coercement of the builder.
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September 10
Profile picture for 203K Specialist
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Since January 2009

Lenders in Cahoots with builders do!

You are in a very tough spot, it sounds like you are past your financing date and the unfortunate pice is if you have been approved I will guarantee the approval was subject to FHA approval.  I would contact a Real Estate Attorney to ee if you have any wiggle room.

I may be a little extreme on the cynical side...
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September 10
Profile picture for cupidslj

This is true...I fully expect a seller to claim their product is the best...we also have lemon laws that protect us from used car salesman fibbers...unfortunately I guess for me is that I didn't go into this totally paranoid that everything that was being told to me could be a lie...perhaps I was a bit naive with things coming from the lender marked "truth in lending" and "disclosure"...I thought beyond the obvious my neighborhood is better than theirs claims that there had to be some required truth...especially a claim with ties to a government program.  And the lender who was the one who was supposed to apply for the spot approval and fills out all the paperwork for the seller to make good on this claim of obtaining it...wont answer my email questions in regards to anything to do with their obtaining claimed FHA spot site approval...lender told me end of July that lender sent application for site approval mid July (someone else lying)....my agent tells me that lender tells her the paperwork went out toward end of august....lender has ignored my email and I even called her main bank headquarters to leave message...so I now have learned my lesson...sellers lie about everything and lenders help them  

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September 10
Profile picture for 203K Specialist
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Since January 2009

Cupid,

You relied on the word of the seller...The SELLER!  When you go to buy a car do you trust what the car salesmen tells you about the car and why you should buy a ford over a toyota?  If your lender misled you I would say you had a gripe!
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September 10
Profile picture for cupidslj
If I was born a genius or was an industry professional maybe I would have concerned myself with their abililty to do what they told me they could do...I didn't see a reason to doubt...I had to scour HUDs website for hours of reading pleasure to figure out that I was mislead.  I did know enough to understand that they needed to be an approved site in order for it to be a win win situation.   The builder said.."we can do a spot approval just for that unit while we are waiting for the entire building to be covered...it will only take a couple weeks"....months later I am still waiting.. 
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September 10
Profile picture for 203K Specialist
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Since January 2009

Cupid if you cannot get condo approval you do not have financing!

You may be credit worthy but the property is not eligible collateral!

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September 10
Profile picture for cupidslj
My ability to obtain financing is not the problem.  Their ability to be an FHA loan approved site is the problem.  Which they portayed to me as an easy breezy spot approval (for them through HUD) within a couple weeks.   
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September 10
Profile picture for 203K Specialist
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Since January 2009

When is or was your financing date?  If that has gone by you are stuck!

If it has gone by and you don't have approved financing...that is not the builder's fault!  Why would you believe the seller/builder that your financing wouldn't be an issue.  Did you forget that the seller is doing what is best for the seller? 
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September 10
Profile picture for cupidslj
After what I have learned I do want to run.  If the builder would have told me..hey there is a chance that we could not get approved because we havent sold enough units...instead of "we can just apply for spot approval, it will only take a couple weeks"...I am not an investor.  Condo life works for me.  I need a residence without stairs.  As a first time buyer, the $8000 was a nice bonus.  My plan was to pay off my credit card and be done with those bloodsuckers forever.  I feel like I signed this contract under false statements from builder.  Whats worse is I had my agent present at signing and she said nothing of potential issues either.  Do I have any recourse to tell builder, no thanks just give me my deposit and I will be on my way?
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September 10
Profile picture for Joe Harris
Contributions: 48
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Since September 2009

There are reasons that lenders do not want to lend on condo's - they are risky.  The problem is that your success and failure are tied to so many other condo owners.  If people lose there job, or stop paying the association dues, then your dues will start to go up.  If there are assesments, then your costs will continue to rise until you can no longer make your payment.  That is what the lenders are worried about. 

So, the strength of the condo will be underwriten to see if it meets the guidelines.  If the condo does not get approved, then you want no part of it.  the supply of condos in certain parts of the country is astounding.  Read you contract, talk to an attorny, and make the decision that is best for you.

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September 09
Profile picture for Martin Wareing
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Run....

Run Forrest Run....

  Just having a little fun; however, sight unseen..... Desperate Builders do desperate things.  I would rethink and make sure I was very long-term comfortable with my decision... They are having issues getting anyone to finance it... Will you when it comes time to sell????  Just weigh those scenarios in your choice.  If you still want it and it is great, wonderful and have a great time there.  If you really think you could easily sell it in the near to mid future without taking a major loss of money and/or your credit.....  I think you are not beign realistic.  Reading your first 3 sentences says it all to me.  I wish you well in your decision.
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September 09
 

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