Consumer complaint received 2019-12-29
Product: Mortgage — Other type of mortgage
Issue: Applying for a mortgage or refinancing an existing mortgage — 
Company: Home American Mortgage Corp (CA)

Subject : XXXX  XXXX of XXXX XXXX by XXXX XXXX XXXX XXXX XXXX , XXXX. in the city of XXXX, California We are seeking your help for the refund of an aggregate earnest deposits of {$13000.00} ( {$13000.00} for the lot and {$350.00} for design center ) we made to purchase a one-story SFR ( XXXX XXXX of XXXX XXXXXXXX by XXXX XXXX XXXX XXXX XXXX  , XXXX., in the city of XXXX, California ). 

We entered into a purchased agreement on XX/XX/XXXX for a house intended for our future retirement in 4 years, and we had revisited the sales office and the construction site, ( currently in dirt ) several times, and found out that my husband had unusual coughing symptoms after every revisits ( FACTS : my husband had XXXX XXXX and was treated and recovered since XXXX. Furthermore, he had XXXX in XX/XX/XXXX. My husband is currently under long term care since XXXX, with medical XXXX, who advised my husband to undergo a XXXX  XXXX and must rush to the emergency room when XXXX  out XXXX  at any time. 

In lieu of the potential risk of health of my husband mentioned above, we decided not to pursue with the subject property because of the possible XXXX, i.e., smell of dairy manure or unknown allergic sources from the environment in a close vicinity to existing dairy ranches. We did our best to notify the Sales Office as soon as we reached to the decision of cancellation. On XX/XX/XXXX, we went to the Sales Office ( they or them ) and explained to them of our health concerns and decision. We were told that they would try to work on refunding our earnest deposits back to us, before we left the office. 

Shortly after we left the Sales Office, they phoned us to return to the Sales Office to proceed immediately with the cancellation process, and had promised to work towards the refund of our earnest deposits, so they can release the subject home site in the market for sale. We proceeded without delay with the cancellation process at their request based on the reason of Life Event, with the intention that would help them to  release the subject home site in the market for sale. 
However, we did not receive response from the Sales Office within a reasonable time, but a forwarded email message from the Director of Sales that Their deposit is not being refunded as the builder will retain it after our follow-up emails on XX/XX/XXXX ( attached with health test facts ) and XX/XX/XXXX. 
We are now filing a complaint of : 1 ) Predatory Practice. We had sent a health explanation email on XX/XX/XXXX ( attached with health test facts ), and my husband had scheduled a medical appointment on XX/XX/XXXX, XXXX.with the  XXXX in order to request the health letter. 

The builder should not retain our earnest deposits, due to the following facts : a ) Loan approval process was just started, our loan requirement documents were sent to the  lender on XX/XX/XXXX, b ) Without disclosing that they would forfeit our deposits and our rights to purchase the subject property, while at the same time releasing the subject home site back to the market for sale, c ) The subject property was still in a dirt lot and has not been started to build by the time of the cancellation. Besides, we have not gone to the design center to choose any options, so no upgrades nor any options were ever made. 

2 ) Malpractice. During the course of the cancellation process, the Sales Office, on  XX/XX/XXXX had advised us to write an email to their management but we were told not to mention the heavy smell of manure in the letter. 

3 ) Discrimination. In response to our email dated XX/XX/XXXX, the Sales Office replied that their boss asked why we purchase the house if we have that kind of health issue. As consumer, we are offended by such unprofessional, unresponsive and discriminatory comments. 

4 ) Nuisance. Since the cancellation process on XX/XX/XXXX, we continued to receive emails from : a ) the Lenders on XX/XX/XXXX and XXXX, XXXX, b ) XXXX XXXX XXXX on XX/XX/XXXX. We hereby urge them to cease any communication emails after a formal cancellation process. 

Your assistance to our request for the refund of an aggregate earnest deposits of {$13000.00} is deeply appreciated. 

Contact Information : SALES OFFICE : XXXX XXXX XXXX XXXX XXXX, CA XXXX DIRECTOR OF SALES : XXXX XXXX XXXX, XXXX XXXX XXXX, CA XXXX