Buying A Home
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So apparently the underwriters cleared us to close due to an error. We closed Jan 10 and this issue is just now coming up. Because we claimed unreimbursed expenses on our taxes last year, we should not have been approved for the amount that we did. They only caught this error when they went to sell our mortgage and our 2011 tax returns weren't in our file. I provided them twice but they never uploaded them. Has anyone had this happen or know of what potentially could happen?Thanks
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Re: underwriter error?
I haven't heard of this happening before...but as with anything, human error is always a possibility.
Due to the legally binding nature of home loans, I think the bank will have to eat their mistake. However, you should pour over your loan documents with a fine-toothed comb and perhaps consult a real estate attorney to verify your rights here.
Also see if your REA or one's s/he works alongside has/have seen this before.
If you provided 2011 returns twice and can prove this and they failed to process them on their end correctly, this isn't your fault. How could you have known?