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Iris of Miami Lakes FL (02/02/08) Minh of Irvine CA (11/01/06) Troy of Las Vegas NV (10/05/06) However, when I talked to her over the phone in March or April of this year (2006), Ms. W said that First Home Builders of Florida is not honoring that promise unless one is not able to qualify for a loan. This was highly disturbing because I was lied to. If I was told that there was a remote possibility of my earnest money not being the extent of my risk, I would never have gone to contract. She also told me not to worry because there would be no way that the lender would fund on the properties if the appraised values did not equal or exceed the contracted buy prices. I had received my 60-day notice sometime August 2006. This notice states that my houses are due to be finished sometime in October. I have just had appraisals run by First Home Builders preferred lender, Pinnacle Financial, and the appraised values for both houses have fallen short of their respective contracted prices. There is this clause in the contract that Amanda W and First Home Builders of Florida have referred to in the past, XXVIII i. Miscellaneous Provisions -- which states, In the event the buyer obtains and initially closes using a construction loan and is thereafter unable to obtain or qualify for the financing that would result in the end-closing, Buyer agrees to convey, via statutory warranty deed to Builder/Seller the home and real estate property, at which time, Builder/Seller shall pay and satisfy the construction loan. It is clear to me that Amanda W and First Home Builders of Florida did not expect that my houses would not appraise for the respective contract prices. In this situation, I am expecting First Home Builders of Florida to respect the letter and intent of their own contract. Hopefully, they will be above board and forthright in their business practices. I believe the below-contract-price-appraisals for both properties, and the the lender not funding the original contract loan amount are grounds for First Homes Builders of Florida to honor their contracted promise to satisfy my construction loan via statutory deed. Robert of Olney IL (07/26/06) She referred us to the clause in our Purchase Contract -- XXVIII i. Miscellaneous Provisions -- which states, In the event the buyer obtains and initially closes using a construction loan and is thereafter unable to obtain or qualify for the financing that would result in the end-closing, Buyer agrees to convey, via statutory warranty deed to Builder/Seller the home and real estate property, at which time, Builder/Seller shall pay and satisfy the construction loan. Now, as the house is under construction, Amanda is telling us that if we are unable to obtain financing after the home is complete (as it apears we will unable to do so - cash flow issues, not credit related), we will be declared in default and First Home Builders will foreclose, resulting in additional costs (most likely very substantial costs). Needless to say, a foreclosure will also have a very detrimental effect on our credit rating. I assure you, we would not have entered into this purchase agreement if Amanda Warden had not assured us that all we had at risk was our $2,500 deposit and our credit rating would not be effected negatively. Report Your Experience
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