4 Feb, 2018 → by ClaimboUser725760
What are the consumers rights when purchasing a home from NVR/Ryan Homes

1

My name is Cynthia Baines, age 69, senior citizen, Black Afro-American. On March 29, 2017, I signed a Virginia Purchase Agreement for property located on Lot #360, at Lee's Park II (9411 Wood Creek Circle, Fredericksburg, VA 22407. I want my closing cost of $4400 returned to me from Ryan’s Homes. I was not aware of the issues with purchasing a house. This has been very stressful and a financial hardship for me. My hair is falling out. I am very Depressed, and cannot sleep at night because of all the threats from Andrew and Brandi during this endeavor. I have been waiting to get the house built from March to December. I have moved four times since starting this home process. There is no assistance for the consumer. Their lender, Pacific Union Financial did not truly qualify me for this loan, so he and Ryan Homes ripped me off. I need that money, I owe the IRS $2300 + penalty which I wanted to pay, but the Pacific Union Financial Lender kept telling me no, not to pay it, but wait until closing on the house. I did not close and Ryan kept my money, so I still owe IRS. Both of my parents are 91 years old, live in Durham, North Carolina and need my assistance. My husband has had three strokes; my son Paul was incarcerated and may return to jail on February 8. I am having stress on my job. The lead administrative employee has been out of the office teleworking since July 2014, and all duties fall on me since I am the only visible administrative person. I live in the Northern Virginia area and the cost of living is very expensive for me. I need to have a knee replacement on my right knee, but I cannot have it because I need to be available for the family. I have osteoarthritis on my whole right side. It is difficult for me to walk. Any amount of money is needed for responsibilities and obligations. I love and want the above house. I have been juggled, confused, misguided, and manipulated throughout this venture with Ryan Homes. I did not have a real estate agent, to assist me with negotiations with Ryan because my realtor was no longer a realtor agent and her broker did not send me a replacement. She was my realtor on record from December 2016-February 12, 2018. However, I had no one to guide me through this process and Ryan Homes and the Pacific Union Financial Lender, Andrew Charron, knew that I did not know anything about mortgage procedures. My complaint is with Ryan Homes/NVR Inc. and Andrew Charron, Pacific Union Financial, who will not return my closing cost money of $4400 that I worked hard to get and it was not easy to obtain. Ryan Homes/NVR Inc refuses to return my money, even though PUF, has the money. On January 16, 2018, Jon Long, Vice President of Ryan Homes, sent me a default letter. The letter states that I have failed to complete my obligations based on Paragraph 13 of the Purchase Agreement. I feel that Ryan Homes should return my money because they made an erroneous error. I did everything Andrew Charron, Pacific Union Financial lender asked me to do. It should have been contingent on financing and not that I failed to complete my obligations. I did everything my lender asked me to do, but it was unsuccessful. Through this mortgage process, I dealt with the following persons: Alex Branower, Brandi Cameron, Rodney Barredo, and Daniel Mullins, Ryan Homes/NVR Inc., and Andrew Charron, Pacific Union Financial. I believe I was not qualified in March for an USDA loan through the Pacific Union Financial at the very beginning of the loan process. I did not receive a pre-qualification letter, spreadsheet, or GUS findings that showed my original application received USDA GUS approval. I started asking Andrew in March at the time of my application to provide me with figures dealing with housing to debt ratio, closing costs, etc. (like Alex Browner, NVR Mortgage Lender gave me (see history below). Based on lenders from Quicken Loan, Calibri Homes, and NVR Mortgage Lenders, who were unable to qualify me for a USDA loan told me that my ratios were too high to qualify. What did Andrew from PUF, see that the previous lenders did not? I understand that when you apply for a USDA loan, they are very tight on their ratios. I believe that I did not qualify, and Pacific Union Lender Andrew simply missed this. Brandi and Andrew continuously said that they were trying to help me, but Andrew could not get me a decrease in the purchase price or a lower rate, so how could they possibly help me or than threatening me. I got to the point that I did not want to speak to either of them again, so I started communicating with Rodney and his supervisor from Ryan Homes. Rodney tried to get a friend from Nissan to get my name removed from the car, but, at that point, my son was tired of contacting dealerships and his credit getting constantly hit. In January, Rodney started threatening me. Andrew said that I am at default because I added $6,000 ($214/month) to my debts; however, he continued to ask me to get rid of my son’s car where I am the co-signer. The Chevrolet’s car balance is $13,000. He also said that I needed to come up with $12,000 which is the balance for One Main Financial, which is a bill I had prior to completing the application and I was paying $211/month (balance $6000). I kept asking Andrew why was he asking me to get rid of a $13,000 or a $12,000 loans when I only added $6,000 to my debts. Andrew and Brandi insisted that I pay appraisal and home inspection fees before I was approved for financing. I asked them should I wait, but they said No! Andrew scheduled closings on December 5, December 15 and December 29, but he was still asking me to get my name removed from the Chevrolet and placed in my son's name. He was also asking me to get $12,000 from my family or have my family borrow $12,000 from One Main Financial to pay off my debt, but when they get the payment plan, then I would make the payments to One Main Financial. I had not been approved for financing, yet Andrew kept scheduling closing dates on the house and threaten me with having to pay penalty costs from the closing dates and not getting my deposit reimbursement. The representatives from PUF and Ryan Homes put me through a lot of stress, and now they want to keep my hard-earned money that it took me a long time to get (see payment plan). Ryan Homes makes have $100s and $100s of dollars, but they want to keep this 69 year old senior citizen, deposit of $4400 after all they put me through since March 2017. Background History I first visited Ryan Homes in March 2017 to discuss the procedures to purchase a new construction. My house was scheduled to be built in August 2017, and later changed to October 31 and later to December 15. The house was completed on November 30, 2017. On March 6, 2017, I gave Ryan Homes my Earnest Money Deposit (EMD) in the amount of $1000. On March 7 and March 8, I asked Brandi to send me the name of her lender. On March 8, Brandi sent me Alex Branower, NVR Mortgage, 571-318-**** who is Ryan Homes Lender. Alex prepared a spreadsheet which showed a breakdown of cash I would need at closing and calculations from three grant programs that I could apply for with different low-down payment options. He also stated that the spreadsheet was based on my income of $78,703 per year or 6,558 monthly and $1856.20 for social security. However, my SSA is now 1793/month. Alex said that my credit score would allow me to apply for each program, but he was concerned about my “debt-to-income ratio”. He explained that my debt to income ratio is a calculation of my monthly debt divided by my total monthly income. He also said that VHDA will allow for a grant but the income limit is $97,000 per year. He stated that based on the calculations on the spreadsheet, my income is too high for several grants. He even removed my son's car payment of $410/month from the ratios, but he at the first beginning of the loan process said that I needed to pay off some debts to get in other loan programs. His final remarks to me were that I needed to pay $11,000 or $16,000 for closing cost to purchase a house. On his spreadsheet, he lists the same debts that I had when Ryan Homes transferred my closing cost of $5000 to Andrew Charron, Pacific Union Financial. I told Alex that if I had to pay $11000 or $16000 closing costs, then I would wait to next year to purchase a house. I also asked him to send me my denial letter so I could get my EMD reimbursement. Alex could not get me qualified so I wanted my EMD returned to me. Alex said that purchasing a house through Ryan Homes was contingent on my paying off two to three bills and/or paying down an extremely large down payment, instead of the $5,000 on the worksheet, which is the same thing Andrew said to me in November 2017, instead of mentioning this to me in March 2017. On March 10, Alex said that the original calculations that Brandi prepared for the USDA grant on the worksheet were incorrect. Brandi said the calculations were correct. She said that even though it did not reflect the other debts that was okay because most people cannot remember everything that they owe. She told me not to worry because there are multiple other lenders and she wanted me to explore other options before I cancel that there are plenty things that Ryan Homes could do. March 15 - Sent email to Brandi because I had been trying to reach Andrew all week and did not receive response. I wanted him to send me a pre-qualification letter, figures, closing costs, before I moved from Woodbridge to Fredericksburg. March 15 - Brandi looking for Andrew to get closing cost transferred to his bank. NVR, her lender, needed a full application from me to issue a denial letter that's how she moved the closing cost over to Andrew. On Mar 15, 2017 3:13 PM, Cameron, Brandi wrote: Yes, I did speak to him don't worry everything's okay. I am trying to get my closing cost assistance transferred over to his bank. My lender needs a full application from you in order to issue a denial letter that's how I move the closing costs over. If you do not want to do the full application to get your denial I understand... I will work with Andrew to figure out closing costs if you decide not to complete the full application with my bank. It will not mess up your credit to apply through both creditors, they know that you were shopping for a mortgage so it will only count as one hard credit pull. What do you want to do? Andrew can get you financed that's no problem, so I don't want you to worry about that. I just want to make sure I get you the most money possible are you willing to finish the app at my bank I believe you can do most of it online. and don't worry they know that you are just completing the app so that I can transfer over closing costs. 3/16 @ 4:38 pm: Email from Brandi: I just wanted to follow up with you about the loan app, so I can get you your closing costs money...I need you to complete the app with Alex, I know that’s no fun but this way I can get you the closing costs money. Also, Andrew has been trying to reach out to you, can you please give him a call. Let me know what your schedule looks like, so we can get this thing wrapped up with Alex, sorry for all the back and forth, we’ll get all taken care of. I do not understand her message above or what she was referring to. I asked for a denial letter and the return of my EMD earlier. March 16 - Sent my documents for processing to Andrew, Pacific Union Financial. I sent an email to Alex on March 17, March 23, March 28, 2017, I sent an email asking for a denial letter and EMD reimbursement long before Ryan's Vice President signed the purchase contract and all the other Ryan documents that were sent to me on March 23, 2017. On March 29, I received the following message from Brandi Cameron: On March 17 you were outside of your 3 day right of rescission, you signed the contract on March 4. You were not denied for a loan, you cannot request a denial, you must be denied for a loan. You can withdraw your application, but you cannot request to be denied. You never completed a full application either to receive a denial. You must complete an application to be denied. My manager had reached out to you to explain all of this as well, but she was unable to reach you. Unfortunately, the earnest money deposit is nonrefundable at this point. Best of luck in your home search. On March 20-28, 2017, Brandi transferred my closing cost to Andrew and said that I no longer had to deal with Alex and I was switched over to Andrew Charron, Pacific Union Financial Bank. Andrew is a close friend of Brandi, so Ryan Homes gave Brandi authorization to transfer the incentive of $5000 closing cost over to Andrew's bank. Rodney, Ryan Homes Conversation with me In March when I first started working with Ryan Homes, Brandi told me that there are thousands of banks out there and not all of them have the same rules and it is completely normal I have had people go through three and four different lenders before we got to the best one. I found another lender in December, but in January 2018, Rodney would not allow me time to complete my paperwork with CREF to get approved for the house at 9411 Wood Creek Circle. He said that if I did not go with Andrew then they will cancel my contract and send me a default letter and would not return my money. Since Andrew could not get me approved for USDA with payments being $2300, Andrew then tried FHA plus loan and my payments would be $2600/month. I did not want to pay the $2200/mo., so I certainly did not want a higher monthly payment, so I told Rodney that I do not want those high monthly payments. Rodney also said that it would take CREF another 45 days to get me approved and they cannot wait that long. They have waited long enough. I have waited for Ryan Homes since March 2017, almost a year ago, but they could not wait for me to seek another lender's figures. Andrew Charron, Pacific Union Financial As mentioned earlier, I did not hear from Andrew until October 31, 2017. At that time, Andrew should have reviewed my credit report and noticed that I had incurred an additional debt of $6000 ($213/mo) with One Main Financial before he set up a closing date. In November 2017, Andrew asked me to get the 2013 Chev car that is in my name and transfer it to my son's name since I had accrued a $12000. Andrew did not send me a video on house purchasing until mid-November which stated that I should not have accrued any other debts. I should have been given the information in March 2017 by Pacific Union Financial. Starting in November, Andrew would call me after his working hours from 10 am to 6 pm and say to me that I needed to get the above-named car out of my name by going to dealerships or to my son's bank. Well, my son and I did all that. We spent almost every weekend in November and December trying to get the name removed from the car, but was unsuccessful. We have about 6 letters from car dealerships banks and Navy Federal Credit Union denying my son approval to place the car in his name. I even tried to get my 2015 Toyota car payment lowered by training it in. Both cars have upside down payments, which makes it hard to get rid of the cost. I had access to the 2013 Chevrolet from March to October 2017 and I could have gotten my name off the car by having my father use the Chevrolet as a trade in, but Andrew did not contact me until October 31. In November and December, Brandi and Andrew would call me after 6:00 pm at night and threatened me with a default letter if I did not make my son get rid of the car. They said that my family should stick with me and help me get a house. My son is 33 years old, the car payments were not delinquent, the car was not in my possession, I did not have any control over the car and I kept informing Andrew and Brandi, but they did not listen. They had me crying on the telephone. I did not know that I was not to add additional amounts to my monthly bills because no one told me. Andrew sent me a video in December which told me not to add additional pills. As I mentioned before, Ryan kept changing the date my house would be built, and by October, I had to move, needed to pay off my income tax, etc. which I will explain later in the history on the additional expense I incurred while waiting for my house to be built. Supervisor to lower the cost of the house or lower my interest rate so I could close on the house, but she would not hear of that. I ask Andrew the same information since everyone kept saying that we are trying to help you. Often during the evening time, Andrew would call me and merge Brandi in to the call, and they both would threaten me that I was in default because I added an additional $12,000 to my debts.I kept telling him that I incurred $6000 w/additional $213/month, but why was he asking me to get rid of the 2013 car that was $13,000 and/or the One Main Financial Debt for $425/a month.
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