Based on your comment below you should be able to, but understand this: the title company is a neutral third party who doesn't adjudicate disputes, so in order to get your deposit back you will need the seller to sign cancellation instructions that allow for that or go through the dispute resolution process dictated by your contract (unless it's $10K or less, in which case you can go to small claims court).
Lance King/Owner-Managing Broker
King Realty Group
It sounds like you cannot get your loan. As long as your contract contains a loan contingency and you have not removed that contingency you should be able to get your deposit back. It also sounds like the seller may create some problems for you. The deposit money will not be released back to you until all parties agree in writing and that includes the seller. In situations where financing is not obtainable and you have a contingency in place to protect you, most sellers just authorize the release of the deposit money. I would talk to my agent for clarification on the status of your contingencies and have them talk to the sellers agent about their (the seller's) intentions.
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