Condominium litigation can be a problem when getting a mortgage. What if a condominium has litigation against it and you want to buy it? To get a loan approved there are certain things a mortgage lender has to document or the loan may be denied.

A mortgage lender has to prove that the litigation has no impact on the safety and structural soundness of the condo.

And the insurance carrier that insures the condominium building is involved. They have to have agreed to provide the defense, and the amount of the litigation must be covered by the HOA’s insurance.

There are other reasons why litigation against a condominium may not be an issue. These may be:

• It is non-monetary litigation including, but not limited to neighbor disputes or rights of quiet enjoyment;
•  the HOA is the plaintiff in the litigation and not the defendant;
•  the reasonably anticipated or known damages and legal expenses are not expected to exceed 10% of the project’s funded reserves.

Financing a condominium can be tricky for other reasons. Mortgage guidelines have the ability to change at any time. Always talk to an experienced Loan Officer. Make sure you understand the current guidelines and how they might apply to you.