Please Assist! Closing Date Is Coming Soon!!

**panterawhiskey** · 07-15-2009, 09:29 AM

Hello everyone! Here is my situation and any help would be greatly appreciated. My fiance and I were supposed to be first time home buyers on July 31st 2009. It doesnt seem like that is going to happen. The mortgage company called us and said they needed my fiance to provide them with check copies verifying that her Ex-Husband had paid child support for a full year so that it wouldnt count towards her debt to income ratio. The child support just became court ordered 6 months ago so the mortgage company needs the previous 6 months check copies that he paid the daycare provider as proof. It turns out that her Ex doesnt want to provide those copies to the mortgage company. We have pleaded and begged to no avail. We contacted the mortgage company back to see if there was any other way to get around this and not leave our hopes of owning a home in the hands of her ex husband. Nope. They have to have them. So it looks like we are not going to be able to get the loan now and I wanted to know what happens now. Can we still get our deposit back or partially back? Or is that money now gone forever? What needs to happen at this point. As I said we are new to this and it has just been one nightmare of a problem after another. Especially with our previous buyers agent wanting to sue us as well but thats a different story. Any help would be greatly appreciated. Thanks again!!!!

**First Time Home Buyers** · 07-15-2009, 02:22 PM

2 options:

1) try another mortgage company, and let them know up front if the child support will be an issue

2) shouldn't there be some sort of court order or receipt she has to prove this without going to the ex?? seems like there should be.

**panterawhiskey** · 07-15-2009, 04:02 PM

As far as the child support goes it was just court ordered 6 months ago so we have the documentation for that. Her ex had paid her "child support" the 7 months before that court order was put into effect. We need the proof from him (the check copies) that he did in fact make those payments. Thats where the problem lies.

**abarker** · 07-15-2009, 10:10 PM

You should be able to get your full earnest money back as long as the due diligence deadline and financing condition hasn't expired.

**Mel** · 07-15-2009, 10:59 PM

Can she go to the daycare provider and ask them for copies of the checks?
When I deposit others' checks and write checks of my own, I can view and print the front/back of the scanned checks by logging into online banking. OR does it have to be the actual check itself? Anyway, just a thought. Good luck.

**Greg** · 07-16-2009, 08:32 AM

Talk to some more lenders. They are not all the same. I have had deals on the verge of collapse because of a lender and moved everything to another lender to make it happen.

To answer your question about getting your deposit back I would need to see the details of your contract. If it has a loan contingency clause and you met all the required conditions of the contingency then you should be able to get it back.

**kevin@BootStrapLearning** · 07-16-2009, 04:05 PM

Originally Posted by panterawhiskey

The child support just became court ordered 6 months ago so the mortgage company needs the previous 6 months check copies that he paid the daycare provider as proof.

If I am reading this correctly, the ex husband is paying the child support directly to the day care and not to your fiance? This is good lesson on why simple is not always best. The ex husband should be paying child support to your finance and your fiance should be paying the day care.

The silver lining in this is that it could be that you hold the trump card here. Courts order ex spouses to pay child support to the spouse and not pay the childrens expenses. There is a good chance that if the mortgage company will not recognize the child support payments, neither will the court. Talk to an attorney about this, but it may be that if you take action to sue the ex husband for not paying child support. This will force him to produce the checks to the day care as evidence of payment. This one should be easy to turn the tables.

**tucsonhomes** · 07-20-2009, 04:03 PM

Who are you working with for the loan? Are you represented by a real estate professional?

Both of these kinds of professional people have many resources to help the kind of situation (and many more) that you are describing. Talk to them, get their ideas, and move forward.

In a real estate professional situation, it is unlikely that your earnest money would be at risk, assuming that the loan is turned down.