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Buying & Selling Real Estate

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Dean Baluch
  • Arlington, VA
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Lender Can't Sell Loan - says I owe money AFTER Closing

Dean Baluch
  • Arlington, VA
Posted Nov 15 2014, 10:36

I'm in a tricky situation with my first deal.

I closed on an investment property in Georgia and about 10 days later the lender is saying that the deal violates a Fannie Mae guideline in that the cash back at closing exceeded 2% of the sales price.  Subsequently, I am required to send the balance back into escrow, which will be refunded to the seller.  They say I am liable because I signed a document saying that I would offer assistance if they decided to sell the loan.  If I do not, they would rescind the mortgage.  

I'm having a hard time believing I am liable for their mistake. Their reasoning would imply that they could unilaterally change the HUD for any reason if it helps them sell the loan.

The title attorney and broker haven't offered too much help to date other than to ask if the lender would eat the additional cost (they will not).  

Appreciate any perspective on this issue.  Who should be representing my best interests here?  Anyone recommend a good lawyer to assist in this matter?

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