earnest money disposition- all contingencies removed

1 Reply

We used a California Residential Purchase Agreement RPA-CA revised (4/10) without a realtor to purchase a condo. We placed down a $30K earnest money deposit to escrow. We were informed by our loan agent that the loan approval was approved but is going back for second check by underwriter.  We then released all contingencies from the contract by using a Contingency Removal Form. (C.A.R, Form Revised CR, 11/13). (thye loan officer never commented on a problem.) About a week later the loan officer came back and said the flood insurance may not be adequate so they can't grant the loan. (They are still deciding if the flood insurance is appropriate for a Fannie Mae loan.) Because the decision may not be made and the deal closed with the 30 days as stated on the contract the seller is threatening to file a "Notice to Perform" to cancel the contract and take our $30K. Since nothing causing the loan to not happen was within our control can he do this? Our agreement contains the statement that "release of funds will require mutual signed release instructions from buyer and seller, judicial decision or arbitration award." We WANT to purchase the condo and not cancel out of the deal, but we may need a different loan. We have a different Mortgage broker ready to take our loan if necessary. We offered to pay expenses incurred in the extra wait time to get a new loan. The seller now thinks he can get more than we offered and wants to cancel the deal. What are our rights? 

After looking through emails to build a timeline of events to send to a lawyers office, I wanted to clarify the situation. We received a loan approval from the loan officer via email. We then removed all contingencies. The escrow officer questioned if we had a loan and the loan officer replied yes, we have loan approval. A day later we got a email stating the condo project package is complete. Then we received a email stating The flood insurance in place is acceptable to Fannie Mae guidelines. They still haven't approved the loan papers and the final closing date is 3 days away. We live on the other side of the country from California.

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