QUESTION

Can I sue the mortgage lender if they back out after the commitment letter has been issued?

Asked on Jan 08th, 2014 on Foreclosures - California
More details to this question:
"Foreclosure Defense" seems the closest to my case which is mortgage lender backing out after commitment letter because of their mistake. Any help would really appreciated! My mortgage lender issued me the commitment letter, but backed out one day before the closing day. They said the condo has a pending "slip and fall" litigation of unknown claim amount, and the Fannie Mae guideline requires an exact claim amount for any pending litigation. Can they legally do that? Their commitment letter states: "The Lender reserves the right to terminate this commitment prior to the settlement of the loan in the event of any adverse change in your personal or financial status, or the improvements on the property are damaged by fire or other casualty." Not knowing the amount of the pending litigation doesn't fall into any of these events, and it's their fault not discovering it before the commitment letter. Now the seller has received the commitment letter from the lender, so we're obligated to buy the property but the lender won't approve our mortgage. Isn't the commitment letter legal-binding? Can I sue them? What kind of attorney can defend our case? We're pressed for time, so any help would be greatly appreciated. Thanks a lot!
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2 ANSWERS

NA hordjc@yahoo.com
You will need to consult with a real estate attorney to determine whether a commitment letter constitutes a valid binding enforceable contract. I'm not an expert in that area, and cannot give you any legal advice.
Answered on Jan 13th, 2014 at 4:36 PM

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It seems likely the bank has a way out. If your realtor did his job, your offer has a financing contingency that does not end until the loan is funded. That is your way to back out or ask for more time to find a new lender from seller.
Answered on Jan 10th, 2014 at 8:01 PM

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