Unfortunately the HOA Cert is often received somewhat late in the sales transaction. This is a problem more and more as of late, as people tend to litigate more frequently now than they did when I first started (15 years ago),. Most escrow companies order those docs (cert, etc) from an online system now and they are emailed and passed on to the lender. We hit this problem last year with a buyer of ours and thank goodness our buyer was with a mortgage broker that was able to switch lenders. You are correct that some will still finance with pending litigation. It is much easier if you know about the issues, at the onset. Escrow is a neutral 3rd party. Information that is received is passed along to both sides. Hope this worked out for you in the end.