Mortgage denied underwriters during home construction?

We recently have been approved for the construction of a new home in a community. Since then, it seems everything that could interrupt has. We have our current home on the market and plan to rent if not sold by time closing comes.

The home is almost done and closing is in less than 30 days. Initially, we were told, in the middle of construction, that we were to be denied due to being placed in a 2nd FHA loan by the loan manager (who suddenly quit her job after) which requires a large sum, if somehow approved. We transitioned to a traditional loan to bypass that.

Now, we're told that we will be denied due to our current home not being sold (another oversight by LO) and that we will have to have an additional $10,000 cash reserve to "possibly" qualify. In laws have decided to gift the reserve.

Even with the reserve met, is there any chance of approval? If not, should we seek legal counsel now? My worry is that the community that built the home will come after us for the building costs of the home!

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