Real Estate Settlement Charges (Title Search) for Declined Loans?

Real Estate Settlement Charges (Title Search) for Declined Loans?

Member since 2019 · 2 posts · 0 votes

I own four condo units in Boston. Attempted to do four cash out refinances with the low rates now and was declined by my lender since I just started my own company and will be receiving 1099 income instead of W2 income. I have several million dollars in the bank and a top credit score, but the mortgage company said the loans would not be conforming unless I had two years worth of income in this new job (even though I could pay off all four properties in cash easily).

Here is my question though. I had selected to use my own settlement services provider with the lender - an attorney that was giving me a package deal to do all the loans with him. Now that all four loans have been declined he is asking to be paid $200 per property or $800 in total to pay for the title searches and tax certificates. I never signed a contract with this attorney. Am I responsible for paying him for these expenses or should he be seeking these funds from the bank that declined the mortgages or would the title insurance company eat these costs? Any thoughts on this from fellow BiggerPockets experts would be appreciated.

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Real Estate Broker · Tyler, TX · Member since 2018 · 193 posts · 143 votes
6y

Since you selected them yourself, it will be your responsibility to pay the attorney...he obviously did the work and does deserve to get paid for that work. It is your reputation, I would say it's worth it to pay them and move on. Unfortunately, the lenders look at Independent Contractors differently...and require more documentation because you are self employed. That's no fault of the attorney doing the title work...in my opinion, it would be best to go ahead and pay! 

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  • Real Estate Broker · Tyler, TX · Member since 2018 · 193 posts · 143 votes
    6y

    Since you selected them yourself, it will be your responsibility to pay the attorney...he obviously did the work and does deserve to get paid for that work. It is your reputation, I would say it's worth it to pay them and move on. Unfortunately, the lenders look at Independent Contractors differently...and require more documentation because you are self employed. That's no fault of the attorney doing the title work...in my opinion, it would be best to go ahead and pay! 

  • Rental Property Investor · Durham, NC · Member since 2016 · 7k+ posts · 7k+ votes
    6y

    @Rakesh Patel you pay the attorney. If you just became self employed and want to do these loans you’ll likely need a non conforming loan which you’ll find from local banks

  • Member since 2019 · 2 posts · 0 votes
    6y

    I thought the attorney is representing the bank so the bank would be in charge of paying for his services out of my application fees that I had to pay upfront? Would love to hear an attorney's perspective on this. 

  • Tom GimerBusiness Member
    DMV · Member since 2017 · 3k+ posts · 3k+ votes
    6y

    Pay the attorney. He's out of pocket for the tax certificates, and any court would award him fees for time spent generating the O&Es / title commitments if he bothered to sue you. He won't, of course, because you have several million dollars in the bank, and like most people engaged to perform such work for a client with the means to do so, he expects you to simply pay your bills.

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