Kathy Denworth, Realtor in the Florida Keys, Islamorada, Key Largo (BHHS Keys Real Estate)

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Rainmaker
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Eve Alexander
Buyers Broker of Florida - Tampa, FL
Exclusively Representing ONLY Tampa Home Buyers

Unless you have all the above documented in writing, you are fighting an uphill battle.  Banks have deep pockets and this does not sound like a case that that an attorney would want on a contingency.

I have a Realtor friend who had a client that hired an attorney and sued a bank...the bank never responded...at all...to anyone.  Ever.

Sorry, I can't recommend an attorney, but if documented, you may be able to file a complaint with the state. (dept of finance)

Eve

Jun 09, 2016 01:52 AM
Rainmaker
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Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Realtor

Unless all of this was in writing I don't think you'll get too far. And who was "asleep" at the switch not making sure that there was a firm commitment with terms in writing prior to the end of the financing contingency date?

Jun 09, 2016 02:05 AM
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Bob Crane
Woodland Management Service / Woodland Real Estate, KW Diversified - Stevens Point, WI
Forestland Experts! 715-204-9671

Sorry to hear this Kathy, I hope you find someone who can help with this situation.

Jun 09, 2016 01:48 AM
Rainmaker
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Ryan Huggins - Thousand Oaks, CA
https://HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

Kathy, I wish you the best of luck.  One thing I've learned in the last year, is that the contingency dates are not set in stone and you don't HAVE to remove them.  I've had loan contingencies go until the day before escrow closed (and it closed two weeks late) because of the bank's last minute delays and paperwork requests.  I refuse to remove loan contingencies before the loan is in hand.  My lenders even tell me "don't remove them until I tell you to!"

 

Like others have said, you need everything in writing otherwise you won't get anywhere and if YOU said "we're at day 21 and need to remove the contingency now" you're putting the crosshairs on your head.  I had a deal close recently where the buyer's agent removed all contingencies while the bank was still trying to secure the loan.  That was a HUGE mistake on his part and he would have had to refund the buyer's 3% EMD on a $1.1m house if it fell out.  Thankfully they ended up getting the loan and all was good.

Jun 09, 2016 07:05 AM
Rainmaker
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Diana Zaccaro Broker Associate
Tropical Beachside - Cocoa Beach, FL
"The Accidental Blogger" Cocoa Beach, Florida

Check with the Legal Hotline...they are a good resource and can tell you how to proceed.

To sue a bank would be a long, expensive process IF you can even find an attorney willing to take such a case. And there may be something buried in the fine print on the docs that protects the bank in such instances.

You can also call your local Bar Association office and ask for names of attorneys who can do a consult for you...review the documents and let you know what, if any, recourse is available to you.

Good luck and post how it turns out.!

P.S. Love Key Largo and Islamorada...haven't been there in years but it is a beautiful area.

 

 

Jun 09, 2016 04:17 AM
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Alan May
Jameson Sotheby's International Realty - Evanston, IL
An offer you can't refuse!

I would follow Barbara's advice to follow Eve's advice.

Jun 09, 2016 03:46 AM
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Barbara Todaro
RE/MAX Executive Realty - Happily Retired - Franklin, MA
Previously Affiliated with The Todaro Team

if I were you, I'd follow Eve's advice.... 

Jun 09, 2016 03:05 AM
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Jeff Dowler, CRS
eXp Realty of California, Inc. - Carlsbad, CA
The Southern California Relocation Dude

I'd listen to Mike & Eve Alexander . Or perhaps file a formal complaint. Attorney General?

Jun 09, 2016 02:36 AM
Rainmaker
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Sandy Padula & Norm Padula, JD, GRI
HomeSmart Realty West & Florida Realty Investments - , CA
Presence, Persistence & Perseverance

Good luck on this. I had a similar situation with TD Bank and they were the pits! Now we have an EDO in the works.

Jun 09, 2016 02:32 AM
Rainmaker
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Brenda J. Andrew
ULTIMA REAL ESTATE - Willis, TX
Professional Realtor in Conroe/Willis, TX

I'm with Bob Crane on this one.  See if there is another lender that can get it done, or talk to the seller's agent and explain the situation.  Let them know the buyers provided everything as soon as it was asked for and show proof if necessary.  The ultimate goal is to the the transaction closed and continue moving forward as long as that is what the buyer and seller want.  Good luck and would love to hear the ending of this one!

Jun 09, 2016 02:30 AM
Rainmaker
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Evelyn Johnston
Friends & Neighbors Real Estate - Elkhart, IN
The People You Know, Like and Trust!

Good luck, the bank will have GREAT Attorney's too.  Change Lenders?

Jun 09, 2016 12:23 PM
Rainmaker
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Debbie Reynolds, C21 Platinum Properties
Platinum Properties- (931)771-9070 - Clarksville, TN
The Dedicated Clarksville TN Realtor-(931)320-6730

I hope you can resolve your issue, Kathy.

Jun 15, 2016 02:14 AM
Rainmaker
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Larry Johnston
Broker, Friends & Neighbors Real Estate and Elkhart County Subdivisions, LLC - Elkhart, IN
Broker,Friends & Neighbors Real Estate, Elkhart,IN

I don't think it would pay off.

Jun 13, 2016 01:44 PM
Rainmaker
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Roy Kelley
Retired - Gaithersburg, MD

Good luck with your search.

Jun 09, 2016 09:16 PM
Rainmaker
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Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Haven Express @ Keller Williams Arizona Realty

parked and reading

Jun 09, 2016 09:12 PM
Rainmaker
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Praful Thakkar
LAER Realty Partners - Andover, MA
Andover, MA: Andover Luxury Homes For Sale

Kathy Denworth sorry to hear that....

 

Jun 09, 2016 04:57 PM
Rainmaker
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FN LN
Toronto, ON

Your state's bar association should have a legal referral line for the type of legal services you require.

Jun 09, 2016 01:41 PM
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William Feela
WHISPERING PINES REALTY - North Branch, MN
Realtor, Whispering Pines Realty 651-674-5999 No.

Good luck...david and goliath

Jun 09, 2016 12:55 PM
Rainmaker
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Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

Kathy,

I am not so sure that someone will take the case even if you have it documented.  A bank has more legal resources and money to fight with, than an individual...A

Jun 09, 2016 09:13 AM
Rainmaker
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Bob "RealMan" Timm
Ward County Notary Services - Minot, ND
Owner of Ward Co Notary Services retired RE Broker

No use throwing good money after bad.

Jun 09, 2016 07:25 AM
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Olga Simoncelli
Veritas Prime, LLC dba Veritas Prime Real Estate - New Fairfield, CT
CONSULTANT, Real Estate Services & Risk Management

I think you should rather focus on mitigating the potential loss that you say your clients stand to sustain.

Jun 09, 2016 05:14 AM
Rainmaker
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Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

Wow, this is a tough situation.  I think they will have a difficult time with this.  Sorry, but I don't know a litigator who could help.

Jun 09, 2016 04:29 AM
Rainmaker
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Sam Shueh
(408) 425-1601 - San Jose, CA
mba, cdpe, reopro, pe

Negotiate one that will not get paid til he wins.

Jun 09, 2016 02:43 AM