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- This topic has 10 replies, 4 voices, and was last updated 2 years, 1 month ago by
Nelsont.
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March 19, 2020 at 11:30 pm #66413
msob24
MemberI signed a contract March 3, cut to today and all hell has broken loose. I’m still currently employed but my previously stable commissioned income is no longer necessarily stable. It’s difficult for me to project whether or not I’ll be able to afford the mortgage I seem to be commiting to. I’ve already put quite a bit of money down on this house and my lawyer is telling me that there’s no way out without losing my deposit (30k). I’m buying a home at the top of a market that’s about to collapse. Is there any possible way out of this thing without losing my down payment? Please advise….
March 20, 2020 at 5:24 am #66416Nelsont
MemberThat’s entirely up to your contract wording and your sellers.
March 21, 2020 at 4:32 pm #66438msob24
MemberSeems like my contract is entirely lopsided in favor of the seller my lawyer and realtor are telling me there’s no way out without losing my deposit. I find that hard to believe. Can I appeal to BOA directly? I cannot move into this home not knowing whether or not I’ll even be employed 3 months from now. I also cannot afford to lose my deposit, we’ll be depending on that money if my income is significantly affected or worse. Any advice
March 21, 2020 at 5:04 pm #66439Nelsont
MemberYou would have to read the contract. There would need to be language explicitly stating the deposit is fully refundable in the event of […]. Most of the time not being able to secure a loan is sufficient enough. In this case you would be able to secure the loan but are deciding to walk away which would probably be breach of contract. If the seller breached the contract you would be entitled. Since you would breach the contract it’s probably up to the seller unless as mentioned your contract says the deposit only belongs to the seller if the sale closes. That usually is not written in. Read the contract.
March 23, 2020 at 5:49 pm #66471TTrumble
MemberHello msmob24,
I understand your concerns, but I honestly think you may well be overreacting a bit.
I’m not sure how much of a “collapse” you are going to see. There’s already so much pent-up demand across the entire consumer segment of the economy that we will see things recover extremely quickly once this virus mess is finally behind us. If the politicians will get off their rumps and get the “stimulus package” passed, the economy is probably going to be okay with just a small dip, not a collapse.
Where BOA is concerned, under no circumstances whatsoever are you allowed to contact them directly. Your NACA counselor is always your point of contact, or you may call NACA Member Services at 425-602-6222.
Remember that you are still required to submit all pay stubs to your file right up until the time you close on the home. If your income drops enough to make the loan unaffordable, BOA can deny the loan right up to the last minute. If your Purchase and Sale Contract was written the way we suggest, your Earnest Money Deposit should be refundable if you are denied the loan, as Nelsont noted.
If you walk away of your own accord however, you will without a doubt lose your EMD. The whole purpose of the deposit is to prevent you from making a last-second decision to walk away from the deal. The seller would have to feel sorry for you otherwise to not simply keep the deposit.
In short, the best thing you can do at the moment is just ride this out.
Tim Trumble
Online Operations, NACA
ttrumble@naca.comMarch 24, 2020 at 9:03 am #66482plharris
ParticipantGood morning @ttrumble@naca.com
Is Naca and BOA working from home? I am wondering because I have no conditions provide and waiting on a CTC still nothing. Please advise.
March 24, 2020 at 9:29 am #66486Nelsont
Member@ttrubmle has mentioned some offices in locations that have a shelter in place or are otherwise mandated by local governments are closed to the public but, the vast majority of local offices across the country are open for business. Remote counselling is taking place in all locations I do believe.
BOA I don’t believe is working from home. Try calling the mortgage processing center.
March 24, 2020 at 12:27 pm #66493TTrumble
MemberHello plharris,
Nobody from NACA is working from home as the majority of NACA offices are still open but operating with strict social distancing guidelines in place. From what I understand the BOA department in Texas that handles NACA loans is also operating normally.
Tim Trumble
Online Operations, NACA
ttrumble@naca.comMarch 24, 2020 at 2:25 pm #66495March 24, 2020 at 2:32 pm #66496plharris
ParticipantI have the builders texting me for a confirm closing date, but I can’t get any answers from anyone. I know we are in trying times right now but at least provide some type of information. I work in mortgage so I know the struggles but I am working from home but I am giving my borrowers answers. This is frustrating because I can’t give the builder any information .
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This reply was modified 2 years, 1 month ago by
plharris.
March 24, 2020 at 2:43 pm #66498Nelsont
MemberYou cannot call BOA. You can call the naca mortgage processing department.
BOA assigns a unique loan number to naca members so if you try calling BOA their computers will lock them out. Only BOA staffers assigned to the naca division are allowed to look at naca files and that department is completely internal with the idea that the only people who can contact them are the naca underwriters – not even the MCs.
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This reply was modified 2 years, 1 month ago by
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