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Condo with Litigation

Started by panicking
over 15 years ago
Posts: 3
Member since: Apr 2010
Discussion about
Does anyone know which banks would provide mortgage to buy a condo under litigation (HOA suing builder)? Is there a way to get around the Fannie Mae underwriting guidelines that doesn't allow for litigation? Would a letter from the lawyers stating HOA will more than likely win help? Can the bank submit a waiver of some sort? PLEASE HELP!!!
Response by Riversider
over 15 years ago
Posts: 13572
Member since: Apr 2009

Any letter from the Home Owner's Association's legal counsel would seem self serving. I also can't see Condo's counsel agreeing to such.

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Response by panicking
over 15 years ago
Posts: 3
Member since: Apr 2010

I actually did obtain such letter from the HOA's lawyers handling the association. So would this help any?

The seller's RE agent recommended a "banker" who would be able to secure financing even with litigation, but that banker is charging me close to $600, and I just found out he's going through a broker to get the mortgage with a local bank. In the0 GFE, there's also additional $500+ "underwriting" cost that I know for a fact that specific local bank does not charge. Hence I'm trying to secure the financing myself if I were able to get around the litigation part with the bank I was working with...

Any suggestion/advise/insight base on experience or expertise????

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Response by Riversider
over 15 years ago
Posts: 13572
Member since: Apr 2009

If the bank isn't selling the loan to Fannie Mae, the guide lines do not necessarily apply. that said banks are more cautious now, and want to make sure the home owner association has reasonable reserves, insurance. Speak to the managing agent and look for suggestions.

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Response by Pawn_Harvester
over 15 years ago
Posts: 321
Member since: Jan 2009

This is what mortgage brokers are for. You should call a few. They will have relationships with multiple banks and be highly motivated to get your loan funded.

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Response by Riversider
over 15 years ago
Posts: 13572
Member since: Apr 2009

You could also review ACRIS and see which banks have underwritten loans recently. Why put yourself through a mortgage broker sales pitch you when you can find the information out yourself

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Response by romary
over 15 years ago
Posts: 443
Member since: Aug 2008

have to ask, why the need to buy a unit that is so encumbered?

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