How do I cancel my FHA mortgage if basic requirements were not met?

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How do I cancel my FHA mortgage if basic requirements were not met?

My wife and I decided to purchase a house about 6 1/2 years ago. We found a house being sold by my previous landlord, who is a licensed realtor and acted as our buying agent. We purchased the house with a FHA loan. The agent used inspection reports from the sellers original purchase to finalize proceedings even though the house has no active sewer cleanout and an unsuitable roof (asphault shingles on top of decaying shake was no decking). Obvious inadequacies to nullify eligibilty for a FHA loan. Where do liabilities fall? What is the best course of action?

Asked on May 8, 2012 under Real Estate Law, Kansas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You are unable to cancel the FHA loan that you obtained secured by a mortgage on the home that you purchased based upon the alleged defects with the home that you purchased.

As to the problems with the home you may have had a basis to file suit against the prior owner or the real estate agents involved for some tort theory of recovery if you were not aware of the problems with the home that you have written about before you bought it. However, after closing six and a half years have gone by and you may be time barred from being able to pursue a legal action against the seller or the real estate agents for defects with the home.

You need to understand that the FHA loan that you received is a different process with respect to the purchase of the home that you obtained when you acquired the property. The lender does not ensure itself that the home is free from defects when purchased. That is up to the buyer.

One way to get rid of the FHA loan you have in place is to refinance it for a preferably for a loan with a lower interest rate.

I suggest that you consult with a real estate attorney further about whether you have a claim against the seller or the real estate agents involved in the sale that is not barred by your state's statute of limitations.

 


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