Legal Question in Real Estate Law in Virginia
I am refinancing and live in an area that was just declared a FEMA disaster area because of Hurricane Sandy. (No damage was done to my property.) The Settlement Date on my HUD-1 was 10/26/12 -- three days before Sandy passed through. On that day, the settlement agent sent a notary to my home and I signed all of the mortgage documents, including the HUD-1, and I provided a cashier's check for the closing costs. The Disbursement/Funding Date is 10/31/12. On 10/30/12, the lender (based in another state) informed me that "due to a FEMA disaster in your county, we have ordered an appraisal reinspection for your property; there will be a $125 reinspection fee reflected in your final HUD/closing statement." Is it legal for the lender to change the HUD settlement statement and add another fee after I have already signed it? From my perspective, the closing transaction took place on 10/26/12 (the Settlement Date), and I was done with the process then, even though the Disbursement/Funding Date was five days later.
1 Answer from Attorneys
So, what does your purchase agreement(sale contract) have to say
about the issue (if anything)?
If in violation, then contact the lender to make known your
complaint.