Hi Tony,

If this is a refinance, check the purchase documents file. Per chance the answer is already there?

If you have a friend or even enemy in the same complex ask them if they know the answer.

Jacob
408-505-5797

Tony,
I am so sorry you are having to experience this delay on your loan. Yes, the lender has every right to hold up your loan becasue of an incomplete HOA questionnaire. Most HOAs do not kow the answer to one, and sometimes two of the questions on the questionnaire. The main one they often leave blank asks about how many units are emcumbered by FHA mortgages. I have never heard of an HOA not knowing the answer to the first right of refusal question! It is their HOA...they should know the answer to this question. The question reads: "The legal documents of the homeowner's association do not contain a right of first refusal or restrictive covenant".

All questions must be answered, so you have to get an answer to that question, and hopefully, the answer is True. Talk to your Realtor, see if they can help you find the answer. Talk to your escrow officer, maybe they can help you find the inforamtion in the CC&Rs. What about your mortgage professional...can't they help you? Or, maybe try to elevate it to the HOA rep's manager. It is ridiculous that they do not know this answer.

Good luck!
Julie Thall
jthall@rpm-mtg.com