Monday, August 8, 2011

Can I get my earnest money back? - Any Advice would help greatly!?

So here's the issue. I signed the contract to purchase a home and gave them a deposit check. This was many months ago. We are about to close soon and the underwriter folks approved of the loan, they asked for me to send the conditions to them in order to continue. Everything was going fine until last week, just when I was about to send them the final conditions, I had an emergency where I had to pull out the money that was supposed to be used to pay the down payment ...so now, I cannot afford the new house anymore. I talked to my sales manager, and he said that I will lose my deposit money because I was approved already. They didn't offer me any alternative solution as well loan-wise because I do not make enough and cannot survive if I do not put at least 20 percent down or get someone to co-sign. On the contract, it included a clause that permitted me to withdraw or cancel the contract if I am not approved. The mortgage commitment letter stated that the loan is contingent of the conditions. Since I didn't fulfill the requirements, how can they say that I was approved? Any input on this would be appreciated.

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