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I recently signed into a contract with Trend homes, when they went bankrupt all of the building stopped. It

has yet to resume on my specific house. We had been apporved for a great loan and rate, but we started to get close to losing our locked in rate. We asked for an extension and our lendered said no because Trend wasn't able to give us a date that construction would start. Our lender submitted a loan termination form to Trend and we believed that we would receive our earnest money back due to the extenuating circumstances. Trend will not comply saying that we were unable to sercure lending, when in fact we did have lending we lost it because of Trend going bankrupt. Should we get our earnest money back?
 
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Home Buyer
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Sharon, Home Buyer in Mesa in Mesa
Answers (3)
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Ilona Poka was FIRST TO ANSWER
Ilona is absolutely right! This may be a great opportunity for you to check out other options. Do you really want to purchase a home built by a builder who may not be around in 6 months or a year to honor their warranty? I feel pretty confident that I could take you into many reputable long term builder's sales offices right now and negotiate an additional credit comparable to all of or a portion of the earnest deposit you may or may not lose. Either way, I would recommend fighting to get your deposit back....squeaky wheel gets the grease, most Sales Managers don't have the time to deal with a squeaky wheel and will cave just to be done with you. Phone calls, letters, etc. Don't let up! There are so many amazing deals out there right now, from bank owned properties to builder inventory....they should be fighting to retain YOUR business. If you would like some help, including help with finding another home, please don't hesitate to contact me.

Thu Mar 20 2008, 01:42
 
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Did you purchase at Copper Leaf? I just spoke with a Trend home representative. They are starting to build in the next couple of weeks. The loan interest rates are down right now. Were you in a My Community loan? You can do an FHA loan and get it done if so. You definitely have options, call teh builder. i'm sure they'd be willing to work with you.
Best of Luck and let me know if you have any other questions.
Ilona

Wed Mar 19 2008, 15:28
Web Reference: http://www.ilonapoka.com
 
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FIRST ANSWER
Yes, get your earnest money back and find a new home. There are plenty of great deals going on right now that you should not be held up in moving forward in your home purcahse. They are filing/have filed BK and there is no guarantee that they will even proceed and when. Did you have an agent working for you? They would be able to help you moreso. In your contract there are terms that you need to check out. Read your contract. I'm not sure how easy it will be to get your earnest money back, hopefully you won't need a lawyer. Sorry, wish i had more positive news for you. Best of Luck
Ilona Poka

Wed Mar 19 2008, 14:50
Web Reference: http://www.ilonapoka.com
 
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