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Looking to refi, currently dealing with a small lawsuit, will it affect my chances of qualifying?

Does the application process take this into consideration even if there is no court decision yet. Must i disclose the "potential" debt of less than $6k. by AzAdamCline_12850 from Tucson, Arizona. Oct 29th 2013 Reply


William J Acres (William_Acres)
#74 ranked lender in Arizona - 8,728 contributions

one of the disclosures on a mortgage application is a question relating to this exact scenario.. You are obligated to let the lender know, and they will want the details.. if your being sued for $6000, and you have an additional $6000 above and beyond what is necessary to close your loan, you should be ok.. .. I'm a Broker here in Scottsdale AZ and I only lend in Arizona. If you or someone you know is looking for financing options, feel free to contact me or pass along my information. 480-287-5714 WilliamAcres.com

Oct 29th 2013
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Dave Metsker (DaveMetsker)
#35 ranked lender in Oregon - 2,318 contributions

This question is for your benefit. If the case resulted in a judgment against you as a debtor before your loan closing, it could slow down or cancel your transaction. If you do disclose it, the lender may require you to put $6,000.00 in a reserve account with the closing agent, as a protection against last minute surprises.

Oct 29th 2013
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Phil Dumouchel (PhilDu)
#32 ranked lender in South Carolina - 2,249 contributions

Good answers previously, your lender will want some pretty strong documentation to support your potential obligation. If the amount being sought from you is $6000 and you do not have those funds available they will want to know how you would satisfy that obligation if the decision goes against you. If you would borrow the funds, they would want to document how much the payment would be to make sure you still qualify. The details make a difference, lenders always have to plan for "what if"

Oct 29th 2013
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Joe Metzler (JoeMetzler)
#17 ranked lender in Minnesota - 4,848 contributions

The question "Are you party to a lawsuit" is on the application. Lenders will want to know if you have lawsuit exposure, and if you do, at what level. In your case, will $6,000 make or break your finances.

Oct 29th 2013
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Mike Silkworth (msilkw_195_870)
#29 ranked lender in Michigan - 531 contributions

Yes is does - and it makes sense. If you have a potential $6,000 liability, it will be taken into consideration in the qualification process. Disclose with your Lender as early as possible so he/she can help you decide better where you are qualified. Good Luck.

Oct 29th 2013
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