Mortgage lender missed deadline and lost house

Jenny43

New Member
Jurisdiction
Maryland
Hi. I managed to secure one of those great deals in real estate that are basically unicorns, they come along once in your life. I have a house under contract for 285500 that appraised for 405k without renovations. I'm doing a 203k renovation loan. I was preapproved, found a contractor, had all the requisite inspections done, etc. I had 45 days to close, supposed to be on Wednesday the 28th. I found out after COB the Friday before that the lender didn't get the underwriting done despite having all paperwork from me and contractor for over 2 weeks so now we can't close on the 28th. The seller has obviously realized I was making out like a bandit and my guess is they have an all cash backup offer. Bottom line they have refused to extend the contract to the next day; I lose the house if I can't close on the 28th. I'm trying to get a bridge loan and if I had known before the end of day Friday I have family who could have sold some stocks to free up funds but there's not enough time now. Bottom line, I'm losing out on a house that I was expecting to make a 100k minimum on after renovation. I have two questions. The seller is saying I will lose my earnest money deposit, can they do that? Can I sue the lender for financial loss I've incurred due to their inability to get job done? I have emails from several days before this went down and day of asking lender if things were going to work. If he had admitted there was a problem I could have solved it and not lost the house
 
You can sue anyone you wish as long as you file the correct pleadings and pay the proper fees.

The question you need to consider is, will you prevail?

As far as losing any prepaid funds or escrow, read your sales documents or contract.

Most such contracts have the buyer agreeing to forfeit money if the closing isn't done when agreed.

Never buy real estate without retaining a real estate attorney to review all contracts and sales documents.

I see no valid case against the lender.

A loan isn't a right.

The lender doesn't have to meet your deadlines, after all, it's their money they're loaning.

Smart buyers always plan for delays by not agreeing to an overly aggressive timeline.
 
We had a 30 day close originally which was extended 15 days at the request of the lender and he still didn't get it done. What's worse is he didn't tell me until it was too late to set up a bridge loan.
 
I understand the loans not a right but I have a contract with the lender that he failed to fulfill. You don't think that's grounds?
 
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