Can I get my deposit back or sue the lender ?

UPDATED: Oct 1, 2022

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Can I get my deposit back or sue the lender ?

I gave the home deposit for a home purchase 9 months ago. I was going to be on the title only and my boyfriend would be on both loan and title since his credit was better. We happen to have the same last name, so the lender assumed that we were married. At closing they had to redo the paperwork and fax back to us to sign. So they re-did the paperwork but they left out my name for the title. So I gave all the deposit money for the house that should’ve been mine also. When I mentioned about my name not being on the title, the mobile closer said that the lender would have to re-do paperwork and re-fax. However, my boyfriend did not want to wait and just said that we’d go to the courthouse to add my name. Well that never happened. He keeps saying we will but then never has the time. What can I do? Not only did I pay the deposit and closing of $30,000 I had paid off all his credit cards to bring up his score in order to qualify for the mortgage.

Asked on October 12, 2018 under Real Estate Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can't sue the lender because you chose to go forward with incorrect paperwork: you write that the mobile closed said they could redo the paperwork and refax but that your boyfriend did not want to wait, so you went ahead with the wrong paperwork. The lender is therefore not at fault, since you made the voluntary choice to proceed without having your name on the title.
You may be able to sue your boyfriend for violating his agreement as to what he would do (put your name on the title) in exchange for you providing the deposit and payment at closing.

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