Hi, I'm under contract for a condo in NYC. After being approved for a mortgage and ready to close, the bank denied the loan on basis of the contract being an assignment and the condo having low owner occupancy.

Now I'm stuck with my deposit in limbo because no one wants to lend to this condo. I'm perfectly qualified for a loan (30% in cash and 800's credit score). I had a 15 day mortgage contingency (which I met because the loan was already approved, I was pre- approved before signing the contract, & approved 3 weeks later). The denial was on basis of the condo itself, not my financials.

Can I get my deposit back? It's 35k.