What to do if our FHA loan has been delayed because there was a delay in the loan broker failing to order it in a timely manner?

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What to do if our FHA loan has been delayed because there was a delay in the loan broker failing to order it in a timely manner?

As a result our closing date has been changed several times. By about 2 weeks. We have had to rent back our home at $150 a day for 6 days and now are in a hotel at $134 a day. We still don’t have a closing date. Is there any recourse we can take to recoup our losses?

Asked on December 3, 2012 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

IF you can show that the delay was not due to delays in the bank's approval process but was, as you appear to indicate, due simply and purely to the broker's professional negligence in not ordering the loan in a timely manner, then you may be willing to recover some or all of your costs. It is probably worth bringing an action in small claims court, since the filing fee is so low (typically around $30) and you can act as your own attorney. Note that if the delay were due to the bank's approval process moving slowly, you would have no recourse--banks do not guarantee that they will provide a loan within a certain time frame. You need to hang the case on the negligence, or unreasonable carelessness, of the broker to potentially recover.


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