Mortgage / New Home
 

Is it legal for the villages to refuse finalizing the closing of a new home based on an FHA mortgage? Especially when this this was never disclosed prior and we are 2 weeks from the date with everything packed and ready to go!

Looks like they can

Warning
Most prospective buyers with FHA-insured mortgages check whether sellers will accept such financing beforehand. Homes listed in the Multiple Listing Service will also always note whether the seller is willing to consider such offers. In addition, owners selling their homes are free to choose just what sort of offers based on mortgage financing they will accept.

Considerations
There's no law that can compel a seller to accept FHA financing, though sellers artificially limit their buyer pool by doing so. Buyers, though, can help their cause by agreeing to an "as is" appraisal, for one. They might also consider asking for less in seller contributions to help with closing costs. Currently, they're limited to 3 percent of the sale price. It also helps when sellers understand that the FHA has noticeably streamlined the paperwork process.

There is probably something missing here, it is not likely that you would be notified 2 weeks before closing that the loan is not accepted. Wouldn't this have been disclosed on the contract? I'm pretty sure they only accept conventional loans and there is a short period of time to close on new homes but they would not have waited until 2 weeks prior to closing it would have been disclosed when the contract was signed.

You are correct , something is missing in that post and speaking for myself I would never in any of my homes sales accept an FHA buyer , but that’s just me .

No, nothing missing at all. Brand new villages home, been searching with our salesperson for many months for just the right one. Not a mention in the contract or from the salesperson until the final closing documents are being prepared. This is NOT ok.

To my knowledge The Villages has never sold even a single new home FHA financed as it is costly and time consuming to do so for a builder. TV homes sell like hotcakes and there is no need for the developer to go through the hassle of meeting FHA requirements. Resale houses in TV seem to qualify if the seller is willing.

We built 2 years ago and we were informed verbally and in writing that VA/FHA we’re not acceptable for closing on a new home. If you were not informed verbally and in writing that is on your sales agent. How did your sales agent respond when you confronted them with the issue?

Yes, it is legal. No, they don’t have to accept an FHA

We just closed 6 weeks ago in TV and the contract stated that we had 30 days to close or we would be subject to high per day financial penalties. We were advised that the Villages does not accept anything except conventional financing because there is no way an FHA or VA loan can close in 30 days and TV will not make any accommodations for any requirements that FHA and VA loans require. What does your signed contract state regarding financing?

If you can close an FHA loan within 30 days, without any requirements put on TV, then I would doubt TV would care. Were you able to get an FHA loan with a guaranteed 30 day closing and waiving the home inspection, etc.? We just closed on our previous home last week and it was an ordeal for the buyer to get their conventional loan closed in 45 days due to everyone in the chain being backed up.

So you're saying no one asked you how you were going to pay for the new home when you signed the purchase agreement? I'll bet you that if you look at all your documents that it's there in black and white. Not saying it's the right thing for them to do but I still would bet that it's in there somewhere.

The quick closing schedule is designed to be favorable to the Citizen's first mortgage company, which will accommodate the requirements of the developer's quick close process. Cash is even better, but the developer knows the typical mortgage processes and wants to make money from all his businesses. . .

So, fair warning, Citizens First is the developer prefered mortgage lender, cause he owns it, and the bank can perform to the developer's requirements.

just bend over a bit :boom:

I would say yes. Why not ask an attorney?

Golf cart garage
 

Golf cart garage. Has anyone added a golf cart garage to their home? We only have a one car garage but a very wide driveway. Hoping we have enough room to meet requirements from Community Standards. In planning stages. Cost? Worth it? Has anyone done this and if so, the experience. Can you recommend contractor?

FHA and The Villages response
 

The Villages cannot close any new home sales with an FHA mortgage. I was told that it has to do with not getting a certificate of occupancy prior to the closing date. So, it is not The Villages refusing an FHA mortgage, it is that the way they do things does not meet the FHA regulations.

Suggest you start a new post this thread is about FHA financing.

This is one of the reasons a real estate lawyer is needed when you buy or sell a home. Florida doesn't use them - up north no one makes a purchase/sell without a lawyer so things like this can be avoided. Seems like one is needed now,

Get real.
 

Just sign a witnessed statement and
Be sure to include the names of all the people you are accusing. Next get a lawyer, file a lawsuit and present your claim in court. You might want to bring
an overnight bag.




QUOTE=BobsBurgers;1876469]Is it legal for the villages to refuse finalizing the closing of a new home based on an FHA mortgage? Especially when this this was never disclosed prior and we are 2 weeks from the date with everything packed and ready to go![/QUOTE]

You might wish to check your contract for wording about penalties for not closing on time. When we bought, the penalties were utilities, amenities fee, interest on their construction loan, and $250 per day, IIRC. Just to be sure, are you saying that you are ready to close on time with FHA funding but the Developer is refusing to go to settlement ? If so, you need an attorney because they may start eating into your deposit for the penalties.

Fha
 

I felt the same way but when I expressed that to my realtor she contacted the lender and was assured the FHA paper work had been streamlined, the buyer had excellent credit and met all guidelines for 100percent financing. We closed in 3 weeks. It all depends on buyer qualifications and home condition.

this is really none of my business, but are you able to share the name and/or company of who you are working with?

Morygage
 

BINGO!!!! someone who gets it. It's all about the money

Complete and correct

Don't waste your money on a lawyer, they sell an average of 6 or 7 new homes per day 365 days a year and I'm sure they crossed all the T's, etc. Start talking with them on how you are going to resolve this instead of fighting them you will be much better off in the long run. Maybe they can get their "lender of choice" involved and get you approved quickly.

Very shocking a veteran who served his or country cannot access his VA eligibility to buy a home in the villages with a no money down and use a
VA loan . Can someone explain this ? VA loans are not that hard to process anymore and can be completed in 30 days . The bank who is the lender handles the paperwork and hands over the cash to the seller . Makes the villages not that appealing to a veteran to move to if VA loans are not acceptable. There is no mystery to a VA loan . Sorry to hear .

Wouldn't surprise me if Citizens First would miraculously be able to pull it together for you in the short time frame. They seem to do whatever is necessary to get business and sell homes.

Why don’t you ask one of
 

the 19,000 veterans who find the villages appealing.

Our experience dealing with the Villages was basically "Their way or the highway."
Hope you are able to find a solution.

We were very pleased with Citizens Bank as all the paperwork was finished in a week and the interest rate was at prevailing rate. On the other hand BBT bank took two months to complete the mountain of paperwork and increased the rate 0.5 percent at the last minute.

If, I may suggest, I would ask your bank. I would assume the issue is the closing costs..
Perhaps, you can offer to pay them or split them with the seller.

"Two weeks from the date with everything packed." That seems to be the new trend. You get to the closing and people knowing they have you under pressure squeeze you.
We had a similar thing pulled. I don't know you. For us our atty a nice person a poor representative of my interests. The seller's atty was allowed by her to control the situation. There we sat with the title company, the bank rep the sellers an my wife and I.
They tried to hit us for $1500. My wife in tears said aloud just give it to them making it tough for me to refuse. I'm not certain but i expect all knew that our property was loaded on the moving van. They were all shocked including my atty, when I told them,
IT IS NOT GOING TO HAPPEN and I closed my paperwork.

Anything can be negotiated. The question is do you have the nerve AND MORE IMPORTANT is it worth the risk and the potential cost. You may want to call your mover.
If, it is a long distance move, shockingly your contract likely says delivery on or about.
You may want to check what they will charge you to store your property.

Legal advice. If, you do not have an atty, you may want to call a real estate atty and ask your question. You may be able to get your question answered for free. Having an atty represent you for a closing runs about $4-600.

This is why many sellers, not just The Villages, do not accept VA or FHA buyers.

Why Do Owners Reject My VA Loan Offer? | Home Guides | SF Gate

They are referring to a new home not a re-sale.

I'm not sure about the timing of it all, but yes, many sellers/builders will not accept FHA or VA. I sold my townhouse up north to someone who was using FHA. It was quite a pain, as they kept coming back with requirements. Specifically, they looked over our association documents(deeds/covenants, etc), and required changes(which, luckily, my association agreed to). The good news is, once those changes are made, it's easier to sell again to another buyer using these methods. The bad news is, once stories like these get out, more will not be willing to not accept those!

I have bought and sold a few houses in TV and my experience has been that TV is on top of all of their dealings.

As we search for houses in the villages our representative was informative and candid that the new homes of the villages were not able to go FHA.
I believe that several of the lenders that work with the villages properties offer a very similar product to an FHA loan

I think that depends on what you mean by "up north". I have never hired an attorney to buy a house.

Agreed. I think it sucks that Veterans can't use their VA loan benefit here. The number of Veterans in TV doesn't matter. I'm sure there are other Veterans who were 'turned away' because they couldn't afford 20% down on conventional loan. Heaven forbid The Villages don't get their 20% up front.

There are many other developers that don’t accept F HA and VA loans that is there right , for so many people on here that whine about socialism, they seem to always worry about the Morse family finances and how they should operate there business , I have been in other condo and golf club communities most didn’t take VA loans . I’ve sold many properties and always turned down both VA or FHA , my properties were no more then 3 years old including 5 in villages they all sold in less then a month and if we remember the different houses bust , people with no equity in there homes walked away very quickly and FYI I am a vet

I am all in favor of providing good benefits for veterans. But, I think the VA loan program has done a disservice to many young military people. It presumes that buying a house is always better than renting and that houses are always a great investment. And, it teaches them that it is a good thing to buy a house with no down payment. I don't think these things are true and neither do most reputable financial advisors. I would never buy a house with no down payment, even if I could.

Did you read the purchase contract ? Get a lawyer NOW

This is not an MLS situation villages has closed loop