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  1. #1
    Join Date
    Jul 2007

    Default FHA Requirements Not Met

    I believe I have been scammed by my real estate co, title company and the mortgage company. I purchased a home in NM. It closed early June. I was told the manufactured home was on a permanent foundation. Now it does not meet the FHA requirements and the mortgage company did not get the required certificate. I have had nothing but trouble with this real estate company, title company and loan company. It should never have closed but it did.

    Here is what I was told about the permanent foundation today....

    from my understanding after speaking to the engineer who did the inspection the home does have a permanent foundation. All or most of the foundations installed in the state were of the same nature as the one on your home. The state recently change the requirements on the tie downs on the foundation and FHA has different requirements that the conventional lenders do not have on permanent foundations. Here is where the problem is. The state according to the engineer, de-grandfathered the type of tie-down requirement on all mobile homes. This is going to affect not only your home but all the one that used re bar as tie-downs. You are free to call Crawford Development Services at 505-865-6442 and he can further explain the requirement. I spent about 1/2 hour on the phone with him. He explained the new requirements to me but you need to hear it from him. We are in the process of trying to resolve that issue as I indicated before.... what? can the mortgage company call in the loan? sue me? I did everything I was suppose to do but I had a dingbat for a real estate agent. Now I'm stuck with a home not meeting FHA permanent affixation. Can I take someone to court and get them to pay for it to be fixed?

    That's only one thing they did to me.

    2. None of the repairs were done that were agreed upon. They painted three sides of the house. yep, left one side unpainted.
    It was not painted the original color either. It is now Milk chocolate!

    3. I paid for some of the repairs and the real estate lady asked for the receipts and I like a dummy gave them to her. This was to be reimbursed to me.

    4. They were suppose to leave the washer and dryer and they took them with them. The real estate lady asked if I wanted them returned but I probably didn't want them because they were probably dirty seeing the way they lived. She told me she'd get me the 1000.oo repair money that was in the contract, designated for repairs, and I could get a new set. I figured if they were made to return them I wouldn't know if they were the same ones or not so said ok. Then when I asked a few weeks later about the 1000.00 I was told they used that money to pay for inspections that were forgot at closing.. I think she didn't want to stir the people up because she was in turn, selling them another house and that hadn't closed yet.

    Should I get an attorney? any recommendations for the Albuquerque area. I am so stressed out about all of this it's unreal. I know I have been scammed.


  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: FHA Requirements Not Met

    It's on a permanent foundation, but the foundation doesn't meet FHA requirements. The question thus becomes, were you merely told that it was on a permanent foundation (the truth) or also that the foundation met FHA requirements (apparently not the case), and if the latter was this done in writing?

    If you are supposed to be reimbursed for items, and don't accept the real estate agent's position on what was done with the money, consider small claims court. It wouldn't hurt to consult a lawyer, particularly if you can prove misrepresentation as to the nature of the foundation. You would not want to sue over expenses in small claims court before you know if your case over the foundation is viable, as the small claims case may preclude any additional litigation.

  3. #3
    Join Date
    Jul 2007

    Default Re: FHA Requirements Not Met

    The mortgage company told the title company not to close until all the paperwork was done. The mortgage company repeatedly told the realtor they needed a fixation certificate for the permanent foundation. The realtor kept saying it was permanent. She never provided a certificate to the title company. However, the title company went and closed and the mortgage company funded the loan...Closing was 6/ the mortgage company wants the certificate and says it shouldn't have closed....
    I had no idea that any of this was happening as I was not informed by anyone, until I started e-mailing the broker because the realtor e-mailed me and said she was sending another inspector to the house and then subsequently told me there was conflicting reports. The second inspection was done one month AFTER closing.I then contacted the broker to find out what in the world was going on. The statement in the original e-mail was the brokers statement. I am 900 miles from there and trying to pack and move there. I did not attend the closing because I was told I did not have to. They sent me the paperwork, I looked it over, saw nothing about anything being missing, signed it and had my daughter look it over (she's in real estate) then overnighted it back to them. I flew to NM the following weekend and got the keys and stayed 4 days at the house and flew back to KC to begin the move.
    I'm 65, have given notice at work and I'm retiring. I do not need this stress. I'm very concerned that I have been ripped off and the mortgage company will come after me to get the foundation permanent to FHA's satisfaction which will cost mega bucks, and I'm also concerned because I bought a home that can't be sold FHA until it's all fixed.

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