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Paola K.
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203k Loan Nightmare, Help!

Paola K.
Posted Jul 23 2018, 15:06

I purchased my first home in 2017 via a 203k Standard loan.  Property needed extensive repairs.  My understanding is that with a Standard 203k Loan, you do not make any mortgage payments until the rehab is complete, 6 months or so post purchase.  

We are now 40% of the way complete and my lender (still holding $100k plus in escrow) wants me to make FULL mortgage payments.  I have communicated to them that 1- they are suppose to have a mortgage payment reserve since I am not supposed to make mortgage payments yet and 2- how do they expect me to start paying on a fully funded loan when they are still holding over $100k in escrow.  If anything, I should be paying only what I have used so far.  

The contractors are pending payment and the lender won't disbursed because I haven't paid 2 months worth of mortgage. Lender stated that FHA sent a cease and desist letter, however when I contacted FHA, they confirmed, they do not get involved until guidelines have been violated.

I have documented everything and sent letters to the Lender and they are refusing to speak with me.  Now I am getting calls from the Loss Mitigation Dept about avoiding foreclosure, but I have repeated I AM NOT SUPPOSED TO MAKE MORTGAGE PAYMENTS YET, MY HOME IS NOT HABITABLE AND I DO NOT HAVE POSSESSION OF IT YET.  FURTHERMORE, YOU ARE STILL HOLDING $100K IN ESCROW.  HOW DO YOU EXPECT ME TO PAY ON MONIES YOU ARE STILL HOLDING AND HAVEN'T YET DISBURSED? To no answer.  

At this point, I have reached out to FHA and asked a supervisor to get involved because my Lender's refusal to communicate is extremely worrysome. Not to mention, I am at risk of having my contractor place a lien on my property all the while the lender wants to initiate foreclosure. My home has no windows/doors/electricity/plumbing or HVAC and to make matters worse, Lender still owes me money for out of pocket permits that I paid in order to expedite repairs and they agreed to reimburse when renovation is complete.

 All I want is to complete my home so that I may finally move in.  I am researching how to obtain a private mortgage since my lender is now misreporting and hurting my credit.  Since my home is not complete, I cannot refinance in order to transfer to a conventional mortgage.  Nevertheless, my home has increased in value despite it's current condition.

Can anyone help me out?  The ideal situation for me is to obtain a loan for $300k so that I may payoff my existing lender and finish the rehab of my home.  At this time, my home is worth in upwards of $500k and it is located in a up and coming gentrified area of Jersey City.  Where can I go? Who should I speak to? Please provide me with some feedback if possible.

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