Azmtgloans.com

My wife & I consulted with Leo Zuniga, owner of Arizona Mortgage Consultants LLC, to be our mortgage broker in September/October 2009. We submitted an offer for a property being sold as a "short sale" with our realtor. Our offer was accepted by the seller on Sept. 29, 2009, but was pending bank approval of the short sale terms. In the meantime, while waiting for the bank's response, Arizona Mortgage Consultants LLC authorized a contractor to peform an appraisal and bill us $350. The appraisal was performed on October 3, 2009 and billed to us on October 16, 2009. Bank approval was never received when we withdrew our offer January 2010. In the terms of our contract, we are able to unilaterally withdraw our offer at any time. It is also stated in the short sale terms that the contract is not considered accepted until the seller and the seller's bank come to an agreement concerning the short sale terms, and the seller notifies us as such. No bank approval was received, and no notification given by the seller or the seller's agent that bank approval was given to the terms of the short sale prior to our withdrawing our offer. When I saw $350 deducted from our checking account, I immediately telephoned Arizona Mortgage Consultants LLC and spoke with the owner, Leo Zuniga, who assured me there was nothing to worry about. He did state that bank approval had not been received yet, but the appraisal would happen once we got the bank's approval. We waited well over 90 days & never received a response from the bank on whether they would accept our offer or not. We withdrew our offer & collected our earnest money from the title company. We asked Arizona Mortgage Consultants LLC (via a telephone call to Leo Zuniga) to refund the $350 as no appraisal to our knowledge had ever been completed. Leo Zuniga advised that our money was not refundable because we had withdrawn our offer, and because the appraisal had already been done. He further stated that Arizona Mortgage Consultants LLC would not refund us the money as they simply acted as our agent by authorizing the appraisal company to perfom the appraisal and bill us. It doesn't make sense to order an appraisal on a home that the seller's bank hasn't even approved the terms of the short sale yet. Would we order an appraisal on a home after the bank declined our offer? Leo Zuniga should have waited until bank approval was received, and then proceeded with ordering an appraisal. I last contacted Leo Zuniga by telephone on 1/26/2010 and he has refused to accept resonsibility and refund us this money.