In Berholtz v. Georgiou, 184 App. Div. 2d 677, 585 N.Y.S.2d 462 (2d Dep't 1992) the parties entered into a contract for the sale of a home but the contract was conditioned on the buyer obtaining a mortgage and provided that, absent a willful default by the purchasers in pursuit of the mortgage commitment, the contract would be terminated and the down payment returned. There, buyer did not meet the mortgage lender's underwriting standards. There, the seller refused to refund the down payment. Affirming a judgment for the buyer, the Court held: The buyer demonstrated, by competent evidence, that he signed a contract conditioned upon his obtaining a mortgage and, through no wilful default, his application was denied. Therefore, pursuant to the express terms of the contract, the buyer was entitled to a full refund of his down payment. (Id. at 677-78, 585 N.Y.S.2d at 463.)