Can my home builder insits on me closing escrow if the pool that is part of my sales contract is not complete?
114615
Read your contract. Call your lender-Have them advise you on your next move. I have found once you complete your final walk thru and close escrow the contractors slow to a crawl or stall all together. Since it is most likely a sub-contractor finishing the work on the pool, the builder will have many excuses as to why he can't get it completed. I would think you have leverage now! Not after you close the deal.
1031949
No, you can't The house sale is usually contingent on appraisal and loan approval. That means you can decide not to go through with the purchase. If you read the loan application, I'm sure there is something that says they aren't going to lend you if there is something they don't like about the house such as termite, roof leak, etc. Your other option is to ask the seller to repair them.
613484
you must be out the day u go to closing unless you make a deal with buyer before the closing . you hand them the keys at closing unless bank holds check till it clears. that was what was done at our closings. we sold five in pa.
1169835
Contact your local housing authority to find out what options you have.  It varies from state to state and locale to locale, so specific options are hard to give.\n\nIf you haven't done a final close, then you can likely back out or negotiate a discount for repairs.  If you have already performed a final close, you may have to sue for damages, but this depends on jurisdiction.  Some places allow you to enter into a grievance with the inspector which may be resolved by an aribtrator or a judge.
990486
The buyer's mortgage company engaged the appraiser; so, the contract for the appraisal does not include you or the buyer. The appraiser has no duty to either you or the buyer. You will not be able to successfully sue the appraiser. \n\nSeriously consider the following. I hope to save you the cost of a lawyer. If the house appraised for the purchase price, what kind of damages might you expect from the appraiser? \n\nAlthough county records show your house has 3133 sf, it is subject to several possible errors. Unless the county appraiser actually put a measuring tape on your house, the county records may be wrong. The county appraiser may have relied on other public records, such as a building permit. The county appraiser may not have actually measured the building either. \n\nWhen and if the sale of your home is in question, you need to actually determine the size of your home. You should do this through an independent, professional, such as an architect or engineer.\n\nIf the buyers made the sale contingent on the appraisal, the buyers can probably void the sale because the appraisal indicates the building is less than 3133 sf. They may void the sale on this contingency, not because the house is smaller, but because they realize the market has dropped off significantly in one month. (I doubt the market in your area has changed so dramatically, but it is possible.)\n\nIf the buyers retained the right to void based on the appraisal, then you are not entitled to the buyers' deposit. Why would you want to injure the buyers when it was the appraisal that resulted in the loss of the sale? Don't. It's immoral.\n\nIf you can show that the appraiser's 2864 is wrong, and can show that you requested the appraiser to amend the report, but were refused, you may be able to report the appraiser to your state's Appraiser Board. You can find a list of appraiser boards on the Appraisal Subcommittee's web site (below). Please make sure that you have some proof the appraiser is wrong and the appraiser has refused to correct the error before you file an ethics complaint. Not only is it wrong to do so, you may be setting yourself up for a lawsuit.\n\nI hope you sell your house. It sounds like you are very worried.
1004792
Well I don't know what state you live in but if you live in CA or any state that uses escrow (Title) companies, your escrow officer can explain.  If you live in states such as New Jersey where attorneys are used you can as your attorney as well.  Since I used to work for a title company I will try to answer your question as best as possible. \n\nIt is the responsiblity of the Title Company or attorney to make sure there are no problems in that could stop the change of title such as liens or levys(Federal or state i.e. Federal Tax Liens), Mechanics liens (someone does work and never gets paid)  Encumberances(City or county). Title companies issue an insurance for up to 5 years on some which guarentees that there are no problems with the change of title.  \n\nThen there are the various required reports such as  Termite reports, Apprasials, Flood reports all of these are done by outside contractors.  These as well have to be scheduled\n\nYou didn't state if your a buyer or a seller.  If your a buyer, then you also have to wait until your loan docs arrive for you to sign.  If your a seller you also wait for the buyers to come in and sign docs as well as the completion of all reports listed above.  \n\nIf your a buyer, your also working with your lender to get the best rates for your money.  \n\nIf you live in a state where attorneys are used for title changes on real property its pretty much the same thing.  Its just done through an attorney.  \n\nAlso, you want to make sure that any agreed upon repairs, deposits are placed into escrow so that the escrow officer or attorney can make sure it has been done. \n\nUsually if title comes back clean,  its a much faster process but if title has liens then you have to clean them up.  Government is just not that fast at getting back to you on the status of a lien.  \n\nGood luck! I hope that answers your question.
206572
It depends if your contact can be assigned Also in the Future when you buy you can State "your name and or Assigns" then you can with out asking other wise many Developers will not let you sell Unless they are soldout\n\nhttp://www.boyntonbeach-homes.com
953953
It depends on how you purchased the property.  If you purchased it directly from the Seller, and did not have a title search done or receive a title policy at closing, you may be out of luck.\n\nIf  you purchased through a realtor, and / or did have a title policy issued at closing, the the title insurer is responsible for resolving the lien issue (that includes getting a release or paying it off).  I managed an escrow company in California, and I always had the Buyer read an approve the title report, even if the sales contract didn't call for it.  It was our office policy that we would not handle a transaction if the parties did not want to get title insurance.  And, even if for some reason a Buyer wanted to purchase the property with the lien still on the property, we had them sign release instructions relieving us of all responsibility and liability.\n\nPeople are very quick to save money wherever they can; when dealing in real estate, paying a couple of hundred bucks to protect yourself is well worth the expense.
990914
don't sweat this. it's common for a closing to be rescheduled, but check with your realtor to see if there is a REASON for it being rescheduled. often times, attorneys don't get the "loan packages, etc" drawn up & delivered in time for a scheduled closing. in this case, it's no big deal,.
32877
Well, it really depends on the lender.  They should have locked your rate as soon as they recieved your paperwork, but different offices operate under different methods.  It could be possible your loan officer is holding out for a better rate (and hopefully not holding out for your rate to come BACK).\n\nI would recommend calling your loan officer and getting an update.  When you're within 12 days of close of escrow, you've earned the right to ask questions.  =)\n\nI certainly wouldn't panic, but you should ask him/her for a timetable (different states use different methods for loan doc signing/closing).  It's always best not to toe the line when it comes to closing dates, because things only seem to go wrong when you're low on time.  =)
1106009
The earnest money is returned to the buyer as long as the failure to close was due to contingencies included in the Contract to Purchase not being met or removed due to no fault of the buyer. \n\nMake sure you read your REPC(Real Estate Purchase Contract) in detail .\nhttp://www.lendermark.com
812525
Why do you find it important to know about the lender that does your home loan?  \n\nAll mortgage lenders are governed by mostly state and federal laws.  \n\nAre you looking for  a rating on the lender or mortgage broker?\n\nWell which ever you are looking for and no matter who eventually does a loan for you. I am willing to bet that before the loan ink dries that the loan will be sold to someone else and before the month is through you will get a piece of mail saying ABC&D purchased your loan. Please make your monthly payments to the company listed on your payment booklet inclosed.\n\nI am also clear that the person sending you that booket and mail are not your lender either. I am willing to bet that that person simply will be servicing your loan for the investor that puechased your loan.\n\nEven if you get a letter with a payment book from the person that you went through to get you loan, they are now merely acting as the servicing agent for the investor that purchased your loan, 24 hours after it was funded and your escrow closed.\n\nI was am a mortgage broker that assisted in securing a loan for a lady that was fed up with her lender and the tactics they were using in trying to get her to refinance her home. I took her application, she was very adamant about not having her loan under this lender. \n\nI told her that I could not guarantee that this would not happen but if she wanted to refinance for that reason and that reason alone, she had to sign off on a disclosure that I made especially for her, that was I could not controll nor did I know who her loan would be sold to on an open market.\n\nWell we did the refinance, closed the loan, guess who purchased the loan once all the dust had cleared. About  10 months later the same person that had been her servicing agent was now here servicing agent once again, because the loan had been sold to the person she previously had.\n\nInvestors do not purchase loans by name, state or city, they purchase by interest yield. So they might request any and all loans to 1000 with a rate of 6.5% with more than 25 years left for payments to be made.\n\nSo checking out a mortgage lender or bank will, only serve the purpose that they are in a data bank. \n\nI hope this has been of some use to you, good luck.\n\n"FIGHT ON"
302349
Depends on the laws in your state with regards to the contract you signed...death is the only way out in some states!\nBest to speak directly with the broker and see if you can work things out either way.
1094894
ONCE AGAIN MUDISFUN IS TOTALLY WRONG.IF YOU DID NOT SIGN ANY THING YOU DO NOT HAVE A CONTRACT WITH / OR BETWEEN APPRAISER AND BROKER. IF YOU PAID FOR IT CALL THE APPRAISER AND HAVE THEM GIVE YOU  A COPY.IF THE APPRAISER  DOES NOT GET YOU A COPY FILE A COMPLAINT WITH BBB and others. Also sue them in small claim court you will win. Lots of brokers and appraisal people think that they do not have to give you a copy if you paid for it but  the law says different. Make sure they email a copy. A fax copy or a mail copy is unless. When a loan is done at the mortgage bank I work for we always email a copy of the appraisal to the customer( we have nothing to hide). Sometimes the value is more then the broker  told you.
233483
Call him and point out his mistake.  If you've already sold it but havent closed you can cancel it, and in most states you have 3 business days after closing.
435899
My husband and I run a mortgage branch in California but we are licensed in Florida and we just did a refinance there.  We used an attorney there because that is how it is done there, so we understand.  They operate the functions of both escrow and title there.  It went fine and the loan closed fine.  So our advice would be to use an attorney.  If you need any help with getting a loan there please call us on 951 302 6586 or toll free 866 606 8707.  Best regards Lindy Pine
662555
Contact your real estate broker, they're usually experienced with things like this.\n\nMy understanding is that usually there's a clause in the selling agreement that if the buying party can not full fill the payment required the transaction may be canceled.