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Financing a condo. that is in litigation

By
Industry Observer with Responsive Pest Control

Hello all: I hope you're having a great day and have big weekend plans.

I wanted to share with you an experience I recently had. I recently was approached by a couple who wanted to buy a downtown Seattle condo. The condo. complex had sued the developer which made it more difficult. In fact, I couldn't do the loan for that reason. In the Seattle area, there are a number of newer projects where there is currently litigation.

Even though I couldn't do the loan doesn't mean there aren't loans for a unit that is part of a project involved in a lawsuit. The bank that could do the loan sells directly to Fannie Mae so they could avoid the investor overlays. A bank who directly services the loan may also be an option.

Although I was disappointed that I couldn't do the loan as my relationship with my borrowers was strong, I learned something. Here is what I suggest. One, find out if the complex currently is part of a lawsuit. This isn't a deal breaker but it means most mortgage companies won't touch it. Ignore anyone who says they can do it. In our case, we couldn't because of our new compensation plan implemented in April of this year in addition to the fact we don't sell directly to Fannie Mae. I would bet most mortgage companies would be constricted as well.

If you can avoid condo. complexes with current litigation all the better. I realize it's attractive to buy that downtown high-rise condo. at a deep discount. It's just not as easy as it seems. I hope this has been helpful. Have a great day!

 

 

 

Posted by

Paul McFadden

Comments(5)

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Paul McFadden
Responsive Pest Control - Seattle, WA
Pest Control, Seattle, WA.

Lynn: thanks. It's nice to see your smiling face here. Have a wonderful 4th!

 

 

Jun 27, 2011 08:53 AM
Phil Leng
Retired - Kirkland, WA
Phil Leng - Retired

Hi Paul,

Good post.

I have one condo with a $41000 assessment, another with a $21000 assessment, and another with a lawsuit, just like you mentioned.

It is not as easy as identifying the best price and making an offer!

Thanks for sharing your expertise, and your experiences.

PHil

Jul 06, 2011 07:00 PM
Paul McFadden
Responsive Pest Control - Seattle, WA
Pest Control, Seattle, WA.

Phil: You're welcome! Have a great weekend!

Jul 09, 2011 06:53 AM
Lloyd Binen
Certified Realty Services - Saratoga, CA
Silicon Valley Realtor since 1976; 408-373-4411

I just listed one in Silicon Valley.  Isn't every loan sold to Fannie or Freddie?

How should a Realtor find a lender who doesn't sell to Fannie or Freddie.

Dec 07, 2011 03:45 PM
Paul McFadden
Responsive Pest Control - Seattle, WA
Pest Control, Seattle, WA.

Nope. About 50% or so are. The rest are portfolio'd or the bank has the ability to sell directly to Fannie or Freddy preventing investor overlays. A portfolio lender might be a credit union or smaller community bank typically. I hope this helps!

Dec 07, 2011 03:48 PM