Sara H. on BBB 4 years ago
07/02/2019, 01:28 AM
I engaged Southeast Mortgage for a condo purchase, to close February 27.
On February 12, I wrote Matthew ****** "Can you please also give me a general sense on the financing and whether you see any issues?" He wrote back, "Everything looks great. We will not have any issues on this end." On February 16, I wrote him again, "Tomorrow is my last contingency day so it would be great to know things are on track and we will have no issues with the financing." He replied, "Everything is looking good."
We were set to close February 27, then 4 days before closing (well after the contingency period expired on February 17), he calls to say they can't close because the condo was allegedly "non-warrantable". This was AFTER purchasing a $510 appraisal. The seller threatened to keep the $7,500 earnest money and sue me.
During the BBB process, I learned that Southeast Mortgage waited to order the Condo Questionnaire until February 16, nearly 10 days into the process, and only ONE day before the contingency period closed. In my opinion, this was very negligent.
The information needed to determine whether Southeast Mortgage could underwrite the loan was on the Condo Questionnaire, which contains information about the building itself (and not the buyer). This should have been ordered on day one! Since Southeast Mortgage/Matthew ***** realized they could not close the loan only four days before closing, it seems they failed to examine the Condo Questionnaire closely until then, in addition to inexplicably ordering it so late. When the mortgage officer Matthew ***** incorrectly and falsely represented there would be no issues with closing, he was probably instead focused on my qualifications as buyer (which is true, there were no issues there) instead of the building's warrantability.
Another lender DID successfully close the loan without issue, meaning that there was not an issue with the building or the information on the Condo Questionnaire. The mistake may be that Southeast Mortgage incorrectly thought that the building was a "condotel" since it has a hotel on the first floors. However, under federal mortgage regulations, it is not a condotel because the hotel and condo have completely separate entrances. This was explained to me by the second mortgage company which successfully closed the loan without issue (probably because they knew the distinction).
I understand things happen in the loan process. But in this case, the errors seemed preventable. Order the Condo Questionnaire timely; when received, review it timely. Know a "condotel" v. non-condotel. And don't make incorrect representations. Apologize when you are wrong and try to make it right that's probably the scariest part to me, a business that won't take responsibility.