Closing day, loan funds but no title -- Help!!

Closing day, loan funds but no title -- Help!!

Santa Ana, CA · Member since 2016 · 39 posts · 54 votes
Need some help and advice from anyone who might have faced a similar situation: We came to the day of closing and got notified from the escrow office that the city had placed a lien on the title due to an inspection issue (minor fencing issue). We financed a conventional loan and it had funded, but since we were unable to close and obtain title, the loan was sent back. Sellers admitted it was their fault and are working quickly to resolve this. They were very apologetic (we had known about the fence issue but did not think it would be that big of a deal). Now our lender is saying we have to pay close to $100 per day for a rate lock (since the fed meets soon and could raise rates, we think it's a good idea). The sellers initially were willing to pay any costs we might have, but now don't want to pay this high amount since the permitting process for the fence could take anywhere from 1-4 weeks. We could cancel the loan and reapply but we would be subject to a 0.25% cancellation penalty (since we are in SoCal, this is a significant amount). The sellers think this is unusual and don't want to pay it. Since the loan initially funded, I think the penalty makes sense. Any thoughts? Any lenders or someone with experience in this situation have any input?
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Lender · Las Vegas, NV · Member since 2015 · 2k+ posts · 1k+ votes
10y

I agree with seeing if the sellers will cover your lock extension fees.  If they won't, I would withdraw my loan application with your current lender immediately, make sure they give you copies of the credit report and appraisal that you have paid for, and start a new loan application with a new lender immediately.  Your current lender cannot charge you anything for withdrawing your Liam application.  Yes, if you stay with them and your lock expires and you RE-lock within a 3o day period, they can charge a .25% hit to the rate.  But you are free to cancel a loan at anytime and switch lenders.

As far as the fed raising the rates, it's likely not going to happen and if it does, it's likely not going to affect you to the extent they want you to believe.

ig you need a referral to a conventional lender that will treat you fairly, pm me and I'll give you one.

Don't get horns waggled by your current lender if your seller does not handle this.  Also, if you do stay with your current lender and extend your current lock, ask for the lock extension fees breakdown.  

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  • Investor · Charleston, SC · Member since 2016 · 87 posts · 14 votes
    10y
    John, If you walk away what are you losing financially? Are the sellers motivated enough that the threat of you walking will force them to reconsider covering the charges to make the sale work? $100/day at 30 days, $3000. I would push them to cover that cost or other costs, if not, depending on the "deal" you're getting suck it up and move on to get closed asap. Sorry to hear that you're dealing with this.
  • Lender · Las Vegas, NV · Member since 2015 · 2k+ posts · 1k+ votes
    10y

    I agree with seeing if the sellers will cover your lock extension fees.  If they won't, I would withdraw my loan application with your current lender immediately, make sure they give you copies of the credit report and appraisal that you have paid for, and start a new loan application with a new lender immediately.  Your current lender cannot charge you anything for withdrawing your Liam application.  Yes, if you stay with them and your lock expires and you RE-lock within a 3o day period, they can charge a .25% hit to the rate.  But you are free to cancel a loan at anytime and switch lenders.

    As far as the fed raising the rates, it's likely not going to happen and if it does, it's likely not going to affect you to the extent they want you to believe.

    ig you need a referral to a conventional lender that will treat you fairly, pm me and I'll give you one.

    Don't get horns waggled by your current lender if your seller does not handle this.  Also, if you do stay with your current lender and extend your current lock, ask for the lock extension fees breakdown.  

  • Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
    10y

    Better yet, see if you can close the loan.  There has to be a max dollar amount that would cover the issue.  Is this "lien" simply a code violation?  If the lender will agree, make the permit issue/lien an exception to the title policy, hold back 4-5 times the amount of money in escrow to cure the problem, close.  As the new owner you could take over the "getting a permit" issue, if you so desired.

  • Santa Ana, CA · Member since 2016 · 39 posts · 54 votes
    10y

    The sellers are doing all they can to try to clear up the permit issues. It's possible that they will be able to clear the lien early next week, which would be around 10 days for the rate lock penalty (less than $1000). Our lender told us there is a 0.25% cancellation penalty whether we choose to go with another lender, or just cancel and reapply with the same lender. Looking around online, this does not seem to be out of the norm as lenders often "charge" this fee and refund it back at closing -- but they will charge you the full amount if you cancel.

    At the very least, this can be an educational lesson for others -- I don't have a lot of experience with real estate, but having done a half dozen home loans, this is the first time experiencing this. Also, permit issues (even for a "minor" fence issue) can be a big deal. The city placed the lien sometime between opening escrow (after the initial title search) and the day of closing (before the final title search on the day before/day of closing).

    Appreciate all the help and input from others. @Matthew Carducci @Wayne Brooks @Charlie Fitzgerald -- your input plus some online research helped me to understand this issue better. If all goes well, we will close early next week -- sellers seem to be coming around to covering part or all of the rate lock extensions costs. If it goes beyond next week, we might just cancel and eat the cost.

  • Real Estate Agent · Atlanta, GA · Member since 2014 · 135 posts · 40 votes
    10y
    Push the sellers to pay it towards closing cost. That won't be any cash out of pocket just lower profits and worst case they are looking at a 2800 difference. They don't and have to start the process all over and they are looking at another 2 months minimum. Hold your ground on making them pay worst case split it.
  • Real Estate Agent · Buena Park, CA · Member since 2016 · 743 posts · 424 votes
    10y
    John Lee,please help me get this straight.You came up with an acceptable deal,went through the loan and escrow process at your expense,the sellers failed to do their duty and fix the problems identified by the city,and now they want you to eat the financial loss for their screw ups?!! No,you are not going to tolerate their mess.Figure out the exact cost of cancelling the loan and starting over again and show it to them(especially if it is much more than the 100 per day penalty). Tell them they are going to pay the 100 per day or the loan cancellation fee or you will sue them for their poor performance.You can and will win in court if you did everything right and can prove they knew about the ordinance violation prior to your applying for the loan causing the financial loss for non compliance.Now is the time to start looking for a good attorney who litigates in court as well as read and write contracts for their clients.
  • Santa Ana, CA · Member since 2016 · 39 posts · 54 votes
    10y

    @Tyion Bridgeman and @Brandon Battle, we will be negotiating with the sellers the payment of the added loan fees. My partner (who went to law school and has a J.D.) knows we would likely win a legal battle, but the sellers are new real estate investors themselves and we have developed a rapport with them over this long closing. We might even be able to use them or their resources in future deals / property management. So we want to keep a good relationship. They initially agreed to pay any costs we incur due to their inability to perform and close. When they found out how much it could potentially cost, they balked at the cost (most likely an emotional reaction due to the amount). They are also facing unexpected expenses in permit fees and an unwanted delay. They need the funds for another investment deal.

    We know we have the upper hand but do not want to play hardball for the sake of the relationship. If it comes down to and we have to pull out because they can't close or refuse to pay any portion, then we might at that point. On Monday we find out how much of a delay we could be looking at -- there is a chance that we could close mid to late next week. We have not yet decided whether we would split 50% with the sellers the added fees (more likely to go this route if it ends up being $2k-$3k, or ask them to pay 100% (likely will do this if it is around $1k).

    I'll keep updating this thread as this develops. Appreciate the input!

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