Here in Fredericksburg there seems to be one constant in my day. Every day. Out of all the properties we have under contract, on any given day it seems that I am dealing with a delayed closing. Sometimes a deed is not ready, or sometimes it is due to circumstances beyond anyones control. But what I want to talk about today is when the buyer’s lender is not ready.
This can be for any number of reasons. Typically, when a contract is written, the settlement date is set about 30-40 days in the future. This is not a number set in stone; it just seems to be the average in this part of Virginia. About a month.
For this discussion, let’s assume that the borrower has complied with all of the lender requests for documents in a timely manner. I assume this because it has been two weeks since I, the listing agent, personally sent the ratified contract to the lender, and confirmed that they have received it. I have not been contacted or been informed that there are any issues that could delay closing. As far as I know, the ship is on course.
Let’s fast forward to 2 days before closing. Uh oh - rough waters ahead! I follow up with the lender to get a closing status, and I find out that we are not likely to make the closing date. Why? Oh, the lender now needs more documentation from the borrower. Now. 30 days after they got the file. 3 weeks after they got all documentation from the borrower. Now they realize “oh - we need the purple sheet.” Or whatever. My question is Mr. Lender - “whatcha been doin?”
I get lots of excuses. The loan program changed. New underwriting guidelines. Whatever. Jimmy crack corn and I don’t care. When I sent you the ratified contract, and you confirmed receipt, I assumed you at least glanced in the direction of the cover sheet I included, the cover sheet with the closing date clearly on it. At that point, when you did not call me and say “I can’t make this close date” I took that as your comittment that you could make the date.
In todays market, this can be quite problematic for buyers. Buying a foreclosure can be a great way for a first time home buyer to get a new house, but there are certain minefields that must be navigated. One is that many, if not all, banks charge a “per diem” fee to the buyer if closing is delayed. I have seen lots of different numbers on this, but an average seems to be about $100. So Mr. Lender misses the closing date, and needs to extend for 5 days. Now the buyer is potentially on the hook for $500, through no fault of their own.
Choosing who you get your mortgage from can be very important. Critical.
If I was getting a mortgage, here is how I might proceed. Let’s assume I have already compared rates and costs, and have narrowed it down. My questions to the loan officer might be:
1. Are you a direct lender or a broker. Meaning, when I have a question, can you answer it, or do you have to make a bunch of phone calls and get back to me? Do you have to call the underwriter and leave a message, or can you yell down the hall to them.
2. How do I get in touch with you? How quickly will you respond to me when I have a question?
3. What percentage of your loans close on time?
And here is big one. When the loan officer has that contract, (or even better - before I even make the offer) I am going to ask him or her, “can you make this closing date?” If so, great. If not, tell me now. Not in 30 days. Now. Today. I want your commitment. Your word. We are going to shake hands, and you are going to email to me confirmation that you can make this happen. If you tell me now that you can’t do it; no problem. I will adjust my offer accordingly, or ask the seller for an extension now. I am all about communciation. But Mr. Lender, if you call me 2 days before closing and tell me we are going to delay because you are not ready, you and me are going to have a problem.
Talk toyour lender up front. Have an understanding. Have it in writing. It is not like it will hold up in court or anything, but you will at least get the satisfaction of having the lender on a phsycological spot if you can’t close on time. And you might even save a buck.
Kevin McGrath - RE/MAX BRAVO - Broker/Owner
www.fredva.com
Licensed In The State Of Virginia