FHA Lenders Causing Buyers to Become Homeless!!??...

FHA Lenders Causing Buyers to Become Homeless!!??...

Brandon SturgillBusiness Member
Real Estate Broker · Columbus, OH · Member since 2013 · 3k+ posts · 1k+ votes

Alright, take the title of this post with a grain of salt, but it's an important topic...maybe a story for context:

So we're selling one of our duplexes to a nice young couple that wants to house hack...very commendable. And they don't have much cash on hand, so they are using an FHA secured loan...good deal. We just renovated the duplex and it's in good shape...old but good...so it should pass FHA requirements right? Here is the horror of this:

We were set to close 11/20/2018 (45-days from contract)...the appraiser came out around a week prior to walk-thru the unoccupied unit to get things moving...good deal...it passes with flying colors and he moves to the outside…no mention of any issues and he gets comps in order…the contract price is good based on comps, so we just need to walk through the occupied unit then we’re clear to close..

He gets to the occupied unit...and he notices a small bit of water on the basement floor near the furnace (Image attached)...maybe the condensate line is dripping a bit, no big deal, we’ve already agreed to a $3,000 post inspection concession for repairs, so the buyers can fix this...the next day the lender decides there is peeling paint around some of the windows...three days prior to close...not in the appraisers report!...and the appraiser comes back out to verify…so we pay $800 to have the windows capped and painted, and $150 to get the furnace wrapped up...all voluntary on my part to get these folks in their new home...the lender rejects it...no closing on 11/20....

Ok, we have 10-days before this couple's lease ends at their current apartment so we should be fine, right? No...the lender begins to pick apart the work that was completed by a licensed HVAC tech and the handyman that capped and painted the windows...then they note an 18" piece of trim on an exterior door that may have peeling paint...not in the appraisers report! They refuse to close...this couple is about to be homeless and their lender is refusing to close the deal despite our previously reached concession post inspection and our pleading to escrow funds to repair any items after the loan closes.

The end of November comes and the buyers are now out of their lease and have moved all their belongings into a truck...with nowhere to go...homeless. We continue to plead with the lender for a solution, but she's unresponsive...We draft a short-term lease that night to get the buyers into to the empty unit. The lender comes back and requests that all the gas lines to the furnace be replaced despite the fact that they are to code and perfectly fine...WTF?! Not in the appraisers report!! The buyers (now our tenants) agree to the lenders demand so we can just close the deal...the cost is $1,600...holy s*%t...

So, we're still not closed...with no plans to close...the lender has simply gone silent. I filed a complaint with HUD stating that the lender refused to extend a mortgage to a qualified buyer causing them to become homeless, falsified and appraisers report, issued instructions on repairs they were not authorized to do...and have effectively "redlined" a low-income client...all violations of fair housing and fair lending...

So, what do you think...I've never seen anything like this in my career...not even close. The lender is Huntington Bank. 

Realize Multifamily Group11 Review
View Page
0Reply
30 views

Most Popular Reply

Jay HinrichsBusiness Member
Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
7y

how did the lender say there was peeling paint.. did the lender physically go there or is just looking at the appraiser pictures.

My wife who has 25 years experience with first time buyers so 80% of her deals have been some sort of VA FHA

etc.. she can drive up to a home and tell in 5 minutes whether its going to pass.. this is on the agent. 

@Russell Brazil   now we don't deal in used homes much anymore.. so don't have those issues. but when she has a used home its the first thing she does.. she creates her own punch list for the owner.

See this reply in the discussion

3 Replies

Jump to latestLatest
  • Member since 2018 · 4 posts · 4 votes
    7y

    If the home is pre 78, and the buyers are seeking FHA or any type of government financing, then peeling paint is a big deal. Lead based paint rules require any peeling paint to be addressed and repaired by a LBP remediation certified contractor with the proper paper trail.

    The lender should have asked about the condition of the property before the appraiser went out.  Many times I will have any potential peeling paint or other pre 78 issues dealt with before it gets to the appraisal stage.  At least this would have given parties time to deal with it instead of a week or so before closing.

    When getting a loan, the underwriter is allowed to call out items the appraiser may or may not have listed in the report. It's the banks money they are loan for long term, so they have a right and duty to protect the buyer from getting a property that doesn't meet standards and to protect their bank from loaning on collateral that doesn't meet HUD standards.

    I'm not saying yours doesn't, but that is the thought process when a loan package gets to the underwriter.  Stay the course, and don't get sidetracked at punishing the lender or some other type of blame game.  Finish the deal and get paid.

  • Russell BrazilBusiness Member
    Moderator
    Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes
    7y

    Your signature line says you are an agent. So you should know FHA requirements for a loan, and should know how to properly vet a buyer and lender. Honestly, it just sounds like you might not have that much experience. Nothing here sounds out of the ordinary, but it sounds like you didnt properly prep the home for sale, vet the vuyer, vet their lender. You know even though you are an agent, if you dont have enough experience, you can still hire an agent who has a lot of experience. I personally have represented avout 10 to 12 other agents.

  • Jay HinrichsBusiness Member
    Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
    7y

    how did the lender say there was peeling paint.. did the lender physically go there or is just looking at the appraiser pictures.

    My wife who has 25 years experience with first time buyers so 80% of her deals have been some sort of VA FHA

    etc.. she can drive up to a home and tell in 5 minutes whether its going to pass.. this is on the agent. 

    @Russell Brazil   now we don't deal in used homes much anymore.. so don't have those issues. but when she has a used home its the first thing she does.. she creates her own punch list for the owner.

Join the conversationCreate a free account to reply, vote on answers and follow this thread.