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Old 02-05-2010, 11:29 AM
 
6 posts, read 6,293 times
Reputation: 10

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my name is Mike and last year i went to purchase a new home. i found a builder i liked and signed a prequal credit form before i signed the contract cause i didnt want no drama.

it took nearly 2 months to hear back from the perfered lender. i was hoounding the sales person weekly if he had heard anyhting. finally he said that she reviewed my credit score and said i was qualified.

i wanted a definate answer and waited but that was the best answer i got, so i signed a contract. put down 500.00. i upgraded the house and they said i would need another 3000.00, ok done. so $3500 total

about a month later and many problems with the perfered lender the builder changed lenders and adviced that i move with them. Ok done.

within a week the new perfered lender said i should have never been qualified and i would need to pay off credit cards and refi my truck .

after much hoop jumping i wasnt able to get qualified and now they say they wont give me back my money cause the house was built and it was my fault i didnt get qualified.

how can i get that money back?
please help

i got pre qualified, never qualified.

but the builder fired the original perfered lender and advised me to switch with them to the new lender.

in talking with the new lender i asked how the old lender was able to preapprove me, they said some of the work done was borderline, if not, illegal.

i talked to the VP of the builder and he basically told me to shove it.
the builder is Imagine homes in San Antonio.

i was hopeing that someone on this forum could point me to a lawyer.
i did work with the lawyer, he said i had a case, sent a demand letter, then they said no and the lawyer said ok sorry for bothering you to the builder. told me to go to small claims, but i need help with small claims and i would like to pay a lawyer to help me thru the process, maybe not go to court, but just walk me thru the paper work.

they said it was border line illegal cause my wife was working a 1099 job and didnt have 2 years there for taxes.
she was going to use my wifes income somehow that the new lender said was illegal.

i am not looking for a hand out, i would pay a lawyer that can help me get the paperwork processed for small claims.
or if they feel i have a great case i would like to sue them. i feel they messed up by switching lenders and because they, the lender, were incompetent and it cost me 3500.00.
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Old 02-05-2010, 01:21 PM
 
Location: San Antonio-Westover Hills
6,884 posts, read 20,409,476 times
Reputation: 5176
I have no idea about a lawyer, but if you signed a TAR-1603, I'm afraid you're SOL. It sounds like your only recourse is to go after the first lender if they truly pre-approved you (NOT "pre-qualified"--there is a difference)...but honestly, there are so many loopholes for lenders to slip through, you will most likely never see a dime of that money unless you can somehow show the builder defaulted on the contract.

Good luck to you!
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Old 02-05-2010, 01:46 PM
 
Location: Potranco/1604
358 posts, read 821,824 times
Reputation: 205
Try Mark Torok at 524-0050. Not sure if he's taking on any new clients, but he's a great guy and specializes in RE legal issues.
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