Mortgage denied because temporary residency expires?!

[Maga 0]

Hello, everyone!

I'm in the process of removing conditions on my residence based on marrige to us citizen. We had filed petition with my husband and now have a year extention. The actual card expires in April the 8th of 2010.

We are buying our 1st home and our mortgage can not be approvedbecause lender says " my status is unclear". Does anyone know if it's even lawful and what can we use to argue with them?

Thank you for any info!

[*JG* 2]

I would argue it. Your status is not unclear. You are a permanent resident extended for another year.

Might want to check with an immigration lawyer if you want the mortgage.

[v333k 59]

Hello, everyone!

I'm in the process of removing conditions on my residence based on marrige to us citizen. We had filed petition with my husband and now have a year extention. The actual card expires in April the 8th of 2010.

We are buying our 1st home and our mortgage can not be approvedbecause lender says " my status is unclear". Does anyone know if it's even lawful and what can we use to argue with them?

Thank you for any info!

They should treat you as a Lawful Permanent Resident unless they can prove otherwise. I am sure there are people on this forum that are more knowledgeable than me on this subject but my guess is that they don't really have the right to discriminate against you like that.

[shawna7 4]

I am in a similar situation..(well kinda..lol) my daughter is applying to college and they say her status is unclear..but once I explained to them she will have a one year extention letter before her new card arrives they seemed fine..You need to fight it! you CLEARLY have been extended..go to the bank with your documents if that fails..lawyer up!

[Otto 83]

Perhaps from the lender's perspective, they are looking at a long-term loan and the LPR status that expires in less than 1-year. I'd be willing to bet that a majority of removing-conditions are probably approved but (as we all know) not guaranteed. For all they know, the status could be rejected. I don't think it is a judgment of your status on their part.

I'd still argue the point but they have the money so they get to ask the questions and a person's legal status to be in the US (or not) is not (from what I know) a protected class so there doesn't seem to be any discrimination.

[I AM NOT THAT GUY 5,715]

I would think even with the extension letter, the status remains unclear. It says right on the letter that the extension permits the alien to work and remain in the country for one year, unless a determination is made otherwise. The alien is still in limbo as far as the lender is concerned, especially if the LPR's income is needed to qualify for the loan.

[Rebecca Jo 1,962]

It's discrimination pure and simple.

You are a legal permanent resident.

Did they give you a denial letter? If they did, I would tell my loan officer that if he doesn't run the denial past his legal counsel, that you will.

[Lona.C. 16]

I would apeal that dessition ,

we bought our first home last year in may

when we aplied for the mortgage my GC was still valide for another 10 month,

they didnt even question my status

[payxibka 10,045]

Or find a different lender

[elguevon 16]

It's discrimination pure and simple.

You are a legal permanent resident.

Did they give you a denial letter? If they did, I would tell my loan officer that if he doesn't run the denial past his legal counsel, that you will.

You are kidding right? There is NOTHING discriminatory about a bank not willing to lend money to an individual who's long-term legal status is not certain, regardless of the 1 year LPR extension. Lending is all about mitigating risk and while I'm sure the OP is a great person and their case will be approved, as a lender it would be a NON-DISCRIMINATORY red flag until the her 10 yr GC is approved (less risk). This risk can be reduced of course via many ways (i.e. large downpayment, USC income/credit (LPR income not factored due to status uncertainty), co-signers, etc).

Certainly shop around if the bank denies the loan, but don't call it discrimination because its not. Its common sense really.

Edited March 16, 2010 by elguevon

[Rob and Jill 82]

The only way I can see this being a reason for denying your loan is if your income (assuming you work) is detrimental to whether or not you get the loan. Llike say without your pay your husband has a high debt to income ratio. If that were the case, but your pay balances it out, they might refuse the loan. Aside from that, whether you live in this country or not should have no bearing on the loan. Last time I checked, home owners were able to own homes in various countries...

[TracyTN 237]

I wouldn't give my business to a short sighted mortgage company like this one.

[Brother Hesekiel 2,235]

Your status is that of a Lawful Permanent Resident.

Which means squat. Lenders lend to whom they want to lend to. If they only want to lend to US citizens, or skinny people, or rich people, that's their business. By law they can't say certain things to you that would be discriminatory, but you can't force them to give you hundreds of thousands of dollars of their money.

What you want to do is find another lender, or wait a few weeks until you have your 10-year Green Card and then find another lender.

[Ning 619]

Hello, everyone!

I'm in the process of removing conditions on my residence based on marrige to us citizen. We had filed petition with my husband and now have a year extention. The actual card expires in April the 8th of 2010.

We are buying our 1st home and our mortgage can not be approvedbecause lender says " my status is unclear". Does anyone know if it's even lawful and what can we use to argue with them?

Thank you for any info!

In some cases using the immigrants name on a loan will cause the interest rate to be higher because they have no credit history nor source of income in the USA.

The loan could be taken in the USCs name & the immigrant put on the deed later by using a quit claim document.

This is what we did. There were no problems with the mortgage company.

Forget arguing & find a different mortgage company.

[lvmomof2girls 0]

Definitely time to find another lender