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mtnlaw

Getting shafted on construction loan modification

mtnlaw
14 years ago

I am wondering whether anyone on the forum is finding themselves in our position. We started construction in July 2008 with a construction to perm loan with Wachovia (now being absorbed into Wells Fargo. The house (subject being built per plans) and land appraised at $550,000. We had a 76% LTV ratio. The original "cost to build" the house was $356,000. We upgraded some and went over budget and have paid all of the difference out of our pocket, to the tune of about $50,000. In addition, weve had some major site issues that weÂve also paid out of pocket.

We are finishing up this week. A couple of weeks ago, the bank notified me that it was getting another appraisal. The documents the bank sent us regarding the modification stage stated that the original appraiser would have to recertify the appraisal, ie., that the house was in fact built per the plans and specs. However, I was then informed that this was going to be a complete new appraisal of current market value.

The appraiser who came out (a different one from the original appraiser), appeared clueless and unprofessional. His appraisal came back couple of days ago: for $420,000, or $130,000 less than the original. We are building in a rural area and comparables were almost nonexistent and the ones he did use were deeply discounted sales.

Most incredibly, he calculated the "cost to build" as $278,000, or over $120,000 less than what it has actually cost us to build the house. On top of this, the bank just informed us that as of June 30, Wachovia is no longer doing any modifications and Wells Fargo is not giving us any time frame whatsoever as to when underwriting will evaluate our modification.

So basically, we have a ton of our own money in a project that the bankÂs idiot appraiser is saying is worth less than what we have in it. And we have no idea whether Wells Fargo is going to be demanding a huge chunk of money from us to modify. Our area, Western North Carolina, has not experienced the precipitous drop in values that other markets in the country have. This is terribly frustrating after a year-long project in which we tried to do everything right.

If anyone is going through anything similar IÂd like to hear your input or even if youÂre not, IÂd like to hear any suggestions. We have been told there is an appeal process for the appraisal, but I'm afraid it's a stacked deck against us. Thanks.

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