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#128399 - 03/14/07 10:15 AM "Surprises" that could come up at closing?
vleem Offline
Member

Registered: 11/25/06
Posts: 30
As a follow-up to a previous post, I'm wondering if any agents have had experiences with "surprises" that pop up in the 11th hour at the closing table. One agent told me that it wasn't until the closing table that she found out her client (seller) was going through a divorce which halted the proceedings until they could get some additional info/documentation signed. Is there anything I can do as a seller to ensure a smooth sale?

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#128469 - 03/14/07 04:17 PM Re: "Surprises" that could come up at closing? [Re: vleem]
kcrealtor Offline
Junior Member

Registered: 03/12/07
Posts: 7
Loc: Greater Kansas City
Unfortunately, there can be surprises in any transaction. Hopefully you know before the closing table, though. As a seller, you can verify that your title is clear, by checking with the title company, or the public records yourself. The buyer's lender won't tell you anything, but hopefully you can still be in contact with the buyer, and you can ask them for the loan committment, once they receive it.
_________________________
Linda Woodward
Reece & Nichols Realtors

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#128813 - 03/16/07 07:15 AM Re: "Surprises" that could come up at closing? [Re: kcrealtor]
Ohio RealtorŪ Offline
Member

Registered: 11/17/05
Posts: 369
Loc: Cincinnati
Sometimes even if you know there are going to be surprises you can get caught off gaurd. I am in the middle of a transaction where the recorded owners names on the county site set up flags that something may be up. I requested the lender to get it to title early and we had a clear to close 6 days before closing.
Then the probate lawyer gets involved and decides to file the property as disbursed shares in the estate instead of letting the executor sale procede. All it ment was that we would have a bunch of people at the closing insted of 2 on the sellers side. Thats ok because I have a BIG room where they all can sit and sign.
Then on the new title search the title company find out one of the new heirs on the deed has a 27,000.00 tax lein and the proceeds are nowhere near that.
The saga will continue the lawers are trying to make it right!
But sometimes even when you know something is wrong and you take steps to correct it some bonehead can still throw a monkey wrench in the works.
_________________________
My thoughts are opinions only and not to be confused with legal advise. www.Find1home.com

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#129244 - 03/18/07 01:34 AM Re: "Surprises" that could come up at closing? [Re: Ohio RealtorŪ]
OneFeePlus.com Offline
Member

Registered: 03/17/07
Posts: 98
Loc: USA
The person who know most of these issues when they come up is the loan originator, make sure you work with an originator that will keep you updated no matter what is going on. Communication is key

We use an automated system to keep our real estate partners updated

Danny
_________________________
Close more deals with a honest lender who gives the YSP to your buyer for closing costs http://www.OneFeePlus.com
http://www.InvestorMortgage.org
813-473-7402

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#130707 - 03/25/07 10:31 PM Re: "Surprises" that could come up at closing? [Re: OneFeePlus.com]
Paceryder Offline
Veteran Member

Registered: 05/14/05
Posts: 937
Loc: The Milky Way
The only thing that has come up for me, more than once, is a c.o. issue.

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#131010 - 03/27/07 01:43 AM Re: "Surprises" that could come up at closing? [Re: Paceryder]
DebT Offline
Member

Registered: 11/29/06
Posts: 177
Loc: Portland, OR
The worst for me so far was on my own home, before I was a realtor.

We signed and everything was fine, just waiting for the recording so we could get keys...and our agent got a call from title advising her that the seller had declared bankruptcy two weeks previous and just not mentioned it to anyone; the house was not hers to sell any longer.

Poor poor Thea! She was in tears when she called me, but then spent the day on the phone with the probate court, and they agreed our offer was a good one.

I so hope that never happens to me!!
_________________________
Failure is not the falling down, but the staying down!

www.welcometopdx.com

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#131728 - 03/29/07 10:50 PM Re: "Surprises" that could come up at closing? [Re: DebT]
girlyrealestate Offline
Member

Registered: 03/08/07
Posts: 13
Loc: State of emergency
Hmmm ... I'm just going through licensing but I thought I'd add a couple of my own experiences.

We weren't attending closing of house #1 (our lawyer was handling it) and it's probably best that I wasn't there - I would've been freaking. The buyer's mortgage company never came through with funding - this was on a Friday, all of our entire lives were on two semi trucks packed up and waiting to be delivered to our new home, and we needed the proceeds from our 12pm close to close on our new home at 4pm.

Enter my favorite lawyer ever .... fondly referred to our Uncle Byron from here on out.

He talked to our bank and got approval for him to personally loan us $30K (he wasn't really our uncle - just a lawyer) so we could close on our new home. The buyers rescheduled their close on Monday - but funding never came through until Thursday. Ugh.

And my inlaws - for the record, a very well off, though really blue-collar looking couple. (They've both passed away now unfortunately.) They've worked all their lives, have just retired and have fallen in love with this HUMONGOUS brick ranch on 5 acres.

Anyhow, the MORNING of the close my FIL gets a call saying his mortgage has been denied. Why it was denied I don't think we've ever figured out ... but my FIL goes into overdrive, calls his financial advisors and tells his realtor that the "show will go own" and that he ALWAYS keeps his word.

They walk into the title company with an ungodly amount of a cashier's check to pay cash for this house ... and almost walk out of the deal after a fight with the seller about, get this, the garbage cans. (Seller didn't leave them ... but they were really cool cans - like the stone kind from McDonald's.)

Oh! And I almost forgot! At closing for our very first house 14 years ago, our attorney (same one!! love him!!) found a $20 error in our favor on the closing docs. The poor real estate agents (who I really feel for now) had to dig into their pockets to come up with cash for us.

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#134192 - 04/10/07 10:37 PM Re: "Surprises" that could come up at closing? [Re: girlyrealestate]
Coastal NC Agent Offline
Member

Registered: 02/07/07
Posts: 165
Loc: NC
As mentioned above, the lender shouldn't really give you much information as it can be confidential. However, I would still ask the question and see how they respond. This is after building a relationship with the lender. If you aren't pushy, they will often get you the information you need.
_________________________
Check out Wilmington Real Estate and news about Wilmington Homes for Sale

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#297861 - 07/09/09 04:18 PM Re: "Surprises" that could come up at closing? [Re: vleem]
laker Offline
Junior Member

Registered: 07/09/09
Posts: 1
Loc: nj
My buyer just completed their home inspection. Now they want the asbestos wrap aroud the duct work that is inside the walls removed. Every home in my town has the same thing. I was told by several professionals that if it was in good shape, it would be best to leave it alone. What if any, would be adequate compensation to offer them.

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#300215 - 07/27/09 03:04 PM Re: "Surprises" that could come up at closing? [Re: laker]
EXITREALTYNS Offline
Member

Registered: 05/15/09
Posts: 59
Loc: Halifax Nova Scotia
How about missing chattels? That drives me CRAZY when they are missing on the pre-closing inspection.

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#300425 - 07/28/09 10:20 PM Re: "Surprises" that could come up at closing? [Re: EXITREALTYNS]
Viktor Offline
Veteran Member

Registered: 09/23/07
Posts: 874
Loc: Dallas, TX
You could expect everything, it is difficult to predict everything.
_________________________
Viktor Taushanov
William Davis Realty
Dallas, TX
http://homesforsaleindfw.com
http://northdallas.blogspot.com
Viktor.RealtyBG@gmail.com
http://www.linkedin.com/in/viktortaushanov


I love referrals!

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#300426 - 07/28/09 10:25 PM Re: "Surprises" that could come up at closing? [Re: Viktor]
Vermont Offline
Major Contributor

Registered: 04/12/08
Posts: 4723
Loc: Vermont's North-East Kingdom
It's not quite in the same realm; but I once spent 18 months marketing a home for a Rhode Island Couple. The Husband had been gambling away all of their assets down there. Prior to the Closing, the Wife calls me and asks that I arrange to have the Bank cut two checks for the Net Proceeds . . . . split so that 1/2 was made out to Him and 1/2 made out to Her. The Bank said that was unusual; but that they'd do it "for no additional charge" (!).

So at the Closing Table, the Closing Agent passed out all of the Checks and when she got hers, she stood up and announced she'd be leaving right-off to go back to Rhode Island ALONE, and was filing for Divorce that very day. "HE (meaning the Husband) can go over there and clean that place out for them by himself."

A week later, she called and asked "Did you see the look on his face ?" I hadn't; but I said I did. She said he turned purple . . . . but was poweerless to do anything in a public forum. It must have been a high point in Her life . . . . and a big surprise in His.
_________________________
Dale C. Hittle of GOLDEN RULE PROPERTIES in Glover, Vermont
Where We're Always Striving To Put Together "THE FAIR DEAL"

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#301290 - 08/03/09 10:46 PM Re: "Surprises" that could come up at closing? [Re: Vermont]
Viktor Offline
Veteran Member

Registered: 09/23/07
Posts: 874
Loc: Dallas, TX
I always ask my title company to do property profile for me. I would be able to check up the title, seller's marital status etc.
_________________________
Viktor Taushanov
William Davis Realty
Dallas, TX
http://homesforsaleindfw.com
http://northdallas.blogspot.com
Viktor.RealtyBG@gmail.com
http://www.linkedin.com/in/viktortaushanov


I love referrals!

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#301322 - 08/04/09 09:40 AM Re: "Surprises" that could come up at closing? [Re: Viktor]
REODayton Online   content
Major Contributor

Registered: 07/27/06
Posts: 3698
Loc: Dayton Ohio
When my Mom and Dad got divorced she basically let him have everything to get divorced. She walked away with kids and a few belongings, she would not drag it out and let him have it all.

Many many years later Dad sold that house. Guess what, whoever drew up his agreement only gave him the property not her dower rights.

How much are Dower rights worth? In this case, they were worth alot of money.

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#301832 - 08/08/09 10:16 PM Re: "Surprises" that could come up at closing? [Re: REODayton]
Perky_REALTOR Offline
Mod Squad
Major Contributor

Registered: 11/27/06
Posts: 7685
Loc: PA
So what did that mean to you dad, REO? How did this come about? Was it because her name was still on the deed? How much did she get???

An agent in my office once ended up with very irate buyers for her listing - they arrived at the final walk through an hour before closing, and the seller had not moved one item from the house. Nothing. And it was FULL of furniture, antiques, etc..and the buyers had movers coming an hour after the closing. That was one tense morning, and I never did find out how it was resolved....

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#301847 - 08/09/09 10:54 AM Re: "Surprises" that could come up at closing? [Re: Perky_REALTOR]
REODayton Online   content
Major Contributor

Registered: 07/27/06
Posts: 3698
Loc: Dayton Ohio
Originally Posted By: Perky_REALTOR
So what did that mean to you dad, REO? How did this come about? Was it because her name was still on the deed? How much did she get???


I have no idea. They divorced when I was 4 years old. When the house came up I was probely 11 or 12. I don't know how much she got, It must of been pretty good though, we kids were allowed to pickout out our own back to school shoes as opposed to a pair of canvas Converse. We also were allowed to by Levi Brand jeans instead of cheap jeans.

A couple years after the house incident he filed for Bankruptcy and an issue on a car came up that they tried to collect on from mom.

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#301849 - 08/09/09 11:26 AM Re: "Surprises" that could come up at closing? [Re: REODayton]
Vermont Offline
Major Contributor

Registered: 04/12/08
Posts: 4723
Loc: Vermont's North-East Kingdom
All of that can make for a thorough, though unintended, education in the importance of managing one's Life Finances. Knowing about the "tough times" is part of sharing membership in a Family.

These days, many Families feel compelled to shelter their Children from all of the details which are causing such torment in the Lives of the Adults . . . . and may be denying them an important education. To avoid embarrassment and keep the neighbors from knowing, they do everything they can to also prevent their own kids from knowing.

I remember wanting "P.F. Flyers" but having to settle for something that was perceived to be of lesser quality.
_________________________
Dale C. Hittle of GOLDEN RULE PROPERTIES in Glover, Vermont
Where We're Always Striving To Put Together "THE FAIR DEAL"

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#301928 - 08/10/09 12:15 PM Re: "Surprises" that could come up at closing? [Re: Vermont]
REODayton Online   content
Major Contributor

Registered: 07/27/06
Posts: 3698
Loc: Dayton Ohio
Originally Posted By: Vermont
All of that can make for a thorough, though unintended, education in the importance of managing one's Life Finances. Knowing about the "tough times" is part of sharing membership in a Family.

These days, many Families feel compelled to shelter their Children from all of the details which are causing such torment in the Lives of the Adults . . . . and may be denying them an important education. To avoid embarrassment and keep the neighbors from knowing, they do everything they can to also prevent their own kids from knowing. I tell her to put her issues in an email and send them to me. I'll respond then we can have a conversation about what we can not resolve. Sometimes we can't so we have to agree to disagee and move on.

I remember wanting "P.F. Flyers" but having to settle for something that was perceived to be of lesser quality.


There are somethings kids do not need to hear though. Matters of maritial disputes, they don't need to know. My Mom and Dad are both on their 3rd marriages. Add in the ex spouces and the group really grows. I grew up with constant yelling in the house. I developed a thick skin and can laugh, it took a long time though. As an adult, husband and parent, I shield my kids from the yelling and discourse in my home. Sure we have an occasional spat, but I don't raise my voice to my wife, and walk away when she does to me. I'm not listening to it, and don't want my kids to hear it.

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#301938 - 08/10/09 01:48 PM Re: "Surprises" that could come up at closing? [Re: REODayton]
Perky_REALTOR Offline
Mod Squad
Major Contributor

Registered: 11/27/06
Posts: 7685
Loc: PA
My husband and I never fight - ever - not even NOT in front of the kids. The worst it gets is we "debate" something a little - not really an argument, but the tension gets strong...lol..and since he's very quiet anyway, he's even more quiet when he's mad...so I just never take it beyond the "it's a little tense right now" stage cause I know it would a) upset the kids, b) tick me off MORE cause he wouldn't say anything and c) lead me to say something I'd regret....

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