Legal Question in Real Estate Law in Florida

Cancellation of PMI from Mortgage

How does one cancel PMI, when their Mortgage(Bank) Company refuse? The market value is $130,000 while the sale price $106,000, and the loan is for $100,000.

Thanks


Asked on 8/23/01, 3:28 am

1 Answer from Attorneys

Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: Cancellation of PMI from Mortgage

PMI is designed to protect the lender when the buyer has less than a 20% equity interest in the property. If the loan amount is 80% or less than the property's market value, then PMI should not be an issue. Find out the name of the appraisal companies approved by your lender, make sure to select one of them to perform the appraisal, and if the appraisal demonstrates that PMI is unnecessary, provide a copy of the appraisal report to the lender, and demand that PMI be immediately set aside. If this matter concerns a new purchase, generally the lender will order the appraisal and provide you with an original appraisal report on or before closing. If the circumstances suggest that PMI should not be applied, and the lender insists on the PMI over your well-founded (and document supported) objection, seek the advice of qualified counsel. Good luck.

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Answered on 8/24/01, 11:59 am


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