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The nightmare before closing

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kendreia
Established Member

The nightmare before closing

So I got my loan commtiment and clear to close for this Friday, the 24th.  I was over the moon.  The only condition was that I have to close on my home with my buyer first.  I am selling to a realtor who was to pay cash at closing.  Our purchase agreement reads "cash at closing, this agreement it not contingent on the buyer obtaining financing, settlement fees if any to be paid by buyer.  So I was heckling my buyer to get a closing time and date set for this week.  He then calls and tells me he had a deal fall through at closing and does not have the funds to close on my home.  Smiley Sad  He is now attempting to try to pull equity from two investment properties via a cash out refinance.  Of course, it is highly unlikely that he could get this accomplished in the time frame needed.  My loan commitment expires on July 31st, my rate lock on August 7th.  Can I get extensions on my loan committment and rate lock if the sellers of my new home are willing to push back closing? Of course my lender is out of the office until the day we are scheduled to close, so I can't get any answers out of him right now.  I am soooo sad.  We were supposed to be packing this week and moving on.   Who enters into a purchase agreement saying they have cash and then doesn't have the funds???  What do I do? 

Message 1 of 14
13 REPLIES 13
Anonymous
Not applicable

Re: The nightmare before closing

Did you require the buyer to make a downpayment?  

Message 2 of 14
kendreia
Established Member

Re: The nightmare before closing

Yes, but it isn't significant. Lesson learned on that one. 

Message 3 of 14
kendreia
Established Member

Re: The nightmare before closing

I am wondering if extensions will even be possible? 

 

Message 4 of 14
Revelate
Moderator Emeritus

Re: The nightmare before closing


@kendreia wrote:

I am wondering if extensions will even be possible? 

 


Bank extension certainly, may or may not cost you some money to extend the lock but doable by virtually any lender.

 

Seller extension, possibly?  They're in the same state you are, stuck with something up the chain preventing their house from transacting, and non-zero chance it's a cycle for them further too.

 

You could go look for a bridge loan as that was the traditional route for solving something like this, but that's hard to find these days: when a quick Google still has results from 1998 in their first page, yeah, not so much.  Speciality lending product to be sure now.




        
Message 5 of 14
ezdriver
Senior Contributor

Re: The nightmare before closing

OP's questions are answered by the above posts but I want to add this as a general statement.

 

Cash deals are great ... but sellers should require proof of funds before signing a sales agreement just as non-cash buyers are required to provide a mortgage commitment in a specific period of time. Also, any costs associate with a delayed closing of this transaction should be charged to this wheeler/dealer real estate agent.

Message 6 of 14
StartingOver10
Moderator Emerita

Re: The nightmare before closing


@ezdriver wrote:

OP's questions are answered by the above posts but I want to add this as a general statement.

 

Cash deals are great ... but sellers should require proof of funds before signing a sales agreement just as non-cash buyers are required to provide a mortgage commitment in a specific period of time. Also, any costs associate with a delayed closing of this transaction should be charged to this wheeler/dealer real estate agent.


+1

It is standard in the industry for cash buyers to provide POFs (Proof of Funds). This is to prevent actions as you discuss in your post OP.

Normal POF's is a copy of the bank statement showing enough to purchase and close the property.

Message 7 of 14
kendreia
Established Member

Re: The nightmare before closing

Thanks guys.  Super tuff with my lender being on vacation.  I could be pumping him for all of this info- I will never do this again with out proof of funds and a **bleep** ton of earnest money.  I really failed myself there.  My thoughts are, though, and I would love your opinion on this- He certianly should not want to breech this contract virtually screwing over two other realtors in the process and having the posibility of a law suit haning over his head when he is a realtor too, right?  I would think he would want to do all he can as quickly as possible to remedy this.  Wouldn't you think so?  I hope my sellers and my bankers will hang through all of this with me.  If it only takes like 5 weeks, the sellers would still be better off sticking with me then putting it back on the market and starting over waiting on someone else to come along, purchase it and go through their underwritng process with the new buyer all over again.  Man.  It was just going too good.  I got the lending I wanted, only 5% down, nice interest rate for my credit score barely hiiting the "good category" no hoops to jump through, and now this.  I can't eat, I can't sleep, I can't believe this is happening so late in the game.

 

Message 8 of 14
DallasLoanGuy
Super Contributor

Re: The nightmare before closing

we dont 'extend' commitments really.  if it expires, you have to earn a new commitment by having the underwriter re-look at the file.

 

the reason approvals expire is because documents expire. you get paid again? the latest paystub is now expired.  get a new bank statement? the most recent bank statement is now expired.

 

Retired Lender
Message 9 of 14
StartingOver10
Moderator Emerita

Re: The nightmare before closing


@kendreia wrote:

Thanks guys.  Super tuff with my lender being on vacation.  I could be pumping him for all of this info- I will never do this again with out proof of funds and a **bleep** ton of earnest money.  I really failed myself there.  My thoughts are, though, and I would love your opinion on this- He certianly should not want to breech this contract virtually screwing over two other realtors in the process and having the posibility of a law suit haning over his head when he is a realtor too, right?  I would think he would want to do all he can as quickly as possible to remedy this.  Wouldn't you think so?  I hope my sellers and my bankers will hang through all of this with me.  If it only takes like 5 weeks, the sellers would still be better off sticking with me then putting it back on the market and starting over waiting on someone else to come along, purchase it and go through their underwritng process with the new buyer all over again.  Man.  It was just going too good.  I got the lending I wanted, only 5% down, nice interest rate for my credit score barely hiiting the "good category" no hoops to jump through, and now this.  I can't eat, I can't sleep, I can't believe this is happening so late in the game.

 


Now is your time to get the POFs and increase the EMD on your sale to the Realtor that failed to close. In essence you can rework the contract with the buyer that defaulted. Where was your Realtor in this? I would think the buyer/Realtor would want to remedy right away, but who knows? Get the terms changed in your contract with the sale of your current residence or find another buyer.  If he doesn't have the funds, he can't close. 

 

HINT:  You can not only re-negotiate the EMD and see POFs you can put in a clause where the house goes back on the market for your to seek a backup offer. There is a standard way to do a backup offer - even with a kick out clause. Ask your Realtor. This protects you.

 

 

Message 10 of 14
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