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The Closing took Place, But Not Without Some Anxious Moments

By
Real Estate Agent with Mapleridge Realty, CT 203-206-0754 REB.0759001

A transaction that was cruising along just so well, almost too good to be true, and then right at the last minute while waiting for the clear to close, an underwriter decided to do some muscle flexing.

Ideal clients, with the house going under contract on Mar 21 and we closed on April 14. A 2300 sq ft Colonial sold for $296,000.

The buyers have their home under contract and were well enough positioned to be able to close on their new house before their current home got sold. The Inspection showed some minor problems, but not at all unexpected for a foreclosure, especially when the the previous owners were forced into foreclosure because of a spouse dying.

There are so many peculiar things happening in the market with banks being cautious about their loans and being sensitive to excessive government scrutiny, that it would be understandable that caution would be present.

The loan officer did an admirable job keeping the transaction moving, and the buyers were likewise prompt with their requirements. Even the agents kept things moving, and it's known that we seldom do anything once the banks take over. In this transaction, at the last minute the underwriter decided that the plumbing issues identified in the inspection would need to be addressed by a licensed plumber before the clear to close would be granted.

 

The culprits were two cracked unions on plastic waste pipes. These were items that the inspector identified as items that should be addressed by a licensed plumber. I am not a licensed plumber, nor would you need one to replace a $1.25 plastic union. But this underwriter needed to see the receipt from the plumber and went so far as to check the license number against state records.

With a 60 page inspection report in their hands it's truly amazing that they didn't get further into the report or maybe they would have seen these minor issues also.

 

 

How about the cracked chimney that actually moved, or the carbon monoxide escaping from the chimney flue because it wasn't sealed? 

 

Or how about the support bolts missing from the 26 ft deck that's 15 feet above grade level.

I did have some words with the loan officer, and he had to defend his co-workers. He talked about federal regulators reading the paperwork and their bank's exposure if the issues in the report had not been addressed properly causing them to take the heat, seemed to be a little tongue in check when considered against the structural problems that were also found in the report.

My people got a great deal, about $65,000 less than market value so a couple of thousand out of pocket to fix these items is not a great hardship. My concern is the people that come along with less resources getting pushed around by an underwriter that wants to do some weight lifting.

 

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Edward (Ed) Silva
Broker Associate

Serving Central Connecticut Sellers and Buyers

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Jenny Kotulak
RE/MAX Real Estate Centre Inc., Brokerage - Oakville, ON
Broker - Oakville Ontario Real Estate

Congratulations on your featured post Ed.  And kudos to the inspector who was obviously very thorough to find those important deficiencies.

It sounds like the buyers got a good deal.  I hate seeing banks and lending institutions in the real estate business.  For one thing they have no concept of the phrase "sense of urgency". 

Very frustrating for all involved.  Glad you resolved the issues.

Apr 17, 2010 02:10 PM
Whitney Peddy
de Luxe Homes & Estates - Fort Worth, TX

Wow, that's silly. Congratulations on the closing though.

Apr 17, 2010 04:24 PM
Sandra Rubio
RE/MAX DFW ASSOCIATES - Coppell, TX
Real Estate Consultant

I'm waiting to have a clear to close in one transaction : the waiting is a result of an outdoor grill included and disclosed into the MLS,  along with the home purchase, I filled the Non Realty addendum to the contract at the time we were writing the offer,  with the box marked at no cost to buyer. Contract was executed, and we sent the contract to the lender.

Underwriter said: Not enough, I need another addendum with the true cost of the grill, then we will subtract dollar per dollar from the sales price. ????, after that, I filled a subsequent amendment, charging one dollar for the outdoor grill. We are waiting for the clear to close, hopefully it will work, if not we will ask seller to remove the grill, and send it back as a welcome gift.

Apr 17, 2010 04:43 PM
Tammie White, Broker
Franklin Homes Realty LLC - Franklin, TN
Franklin TN Homes for Sale

I always advise clients to have an inspection even if they are buying a house "as is".  I want them to know what "as is" means regarding that purchase.  I haven't run into an instance where an underwriter wants repairs made though.  Was this an FHA?  That's the only circumstance where repairs were required to be made prior to closing.

Apr 17, 2010 04:43 PM
Robin Dampier REALTOR®
Coldwell Banker King - Hendersonville, NC
Hendersonville & Western NC Real Estate Source

In many cases these days every phase of getting to the closing table and checks passed, deed recorded can be a challenge.  It's amazing the pitfalls along the way.

Sue of Robin and Sue 

Apr 17, 2010 06:00 PM
Dennis Duvernay Broker/Owner
Hillview Realty - Northbridge, MA

Glad it closed Ed....I agree that it is just another underwriter trying to show he is doing his job.....I would think their might be more serious items that may have come up than these...I am getting to wonder what anyone is thinking anymore but I am also not surprised anymore...

Apr 17, 2010 11:28 PM
Richard Strahm
American Foursquare Realty - Lansdale, PA
Lansdale and North Penn Real Estate

Another fascinating example of regionalism.  If you were an agent in my area, you wouldn't be telling this story because you wouldn't have sent an inspection report to the underwriter.  And appraisal reports are never that detailed.  But I'm sure we have other headaches here that you wouldn't have to deal with!

Apr 17, 2010 11:53 PM
Missy Caulk
Missy Caulk TEAM - Ann Arbor, MI
Savvy Realtor - Ann Arbor Real Estate

It is amazing how underwriters are getting involved in transactions not dealing with money. And FHA inspectors.

Apr 18, 2010 12:13 AM
LLoyd Nichols
Premier Florida Realty of SWFL - Fort Myers, FL
Southwest Florida Homes By The Sea

I've experienced the same, underwriters becoming involved with inspection issues and making demands at literally the last minute.

Apr 18, 2010 01:07 AM
Sajy Mathew
Coldwell Banker Residential Brokerage - Lancaster, PA
Making your real estate dreams become a reality!

Ahh, the banks once again pushing their weight around.  When is something going to change to prevent the messes they create?

Apr 18, 2010 02:10 AM
Jenna Dixon
Momentum Real Estate Group LLC - Marietta, GA
55 & Over | New Constructions | Horse Farms

How in the world did the buyer's underwriter get their hands on the inspection report?  And I am flabbergasted that they would read it. 

Usually I can tell from the stips on the conditional approval that the underwriter DID NOT EVEN READ THE LOAN APPLICATION OR THE SUPPORTING DOCS, I can't believe they would read something like an inspection report.

Case in point: buyer is relocating from NH to GA.  Underwriter asks for address & phone number in GA.  Umm, that's why they are buying the house, dummy Ma'am, because they are MOVING!

Apr 18, 2010 02:36 AM
Terri Poehler
Realtor - Coral Springs, FL
Coral Springs Real Estate Agent

This has happened to my buyers. Real deal killers. As-Is doesn't really mean As-Is anymore.

Apr 18, 2010 03:49 AM
Patricia Aulson
BERKSHIRE HATHAWAY HOME SERVICES Verani Realty NH Real Estate - Exeter, NH
Realtor - Portsmouth NH Homes-Hampton NH Homes

I've experienced a few anxious moments at closings myself.  I'm glad asll was well in the end and it closed.

As they say, "it ain't over till it's over"  or   "it ain't over till the fat lady sings!"  Ha...

Patricia/Seacoast NH

Apr 18, 2010 04:47 AM
Joe Metzler
Cambria Mortgage - Saint Paul, MN
Sr Loan Officer

Realtors: Take this post as a learning lesson. It would appear to me the underwriter was follow long held, well established rules - rules that have been largely ignored for years, but making a big comeback today!

ANYTHING you write on a purchase agreement needs to be well thought out as to how it may effect the deal in underwriting.

ANYTHING you put in the MLS too...

 Anything the Underwriter sees can potentially lead to more questions, further review, or actual loan denial. If you are not sure, call the lender. In this case, I'll bet the Purchase Agreement called for the standard inspection contingentcy. If it did, the Underwriter has full write to ask for a copy of the inspection report, and to review anything in it.

As a lender, I can not tell you how many flaming hoops I've jumped through over the years because of items written on a PA. Just about every day we have to have personal property removed from a deal. Not just the standard stove and refrigerator, but last week I also had to a pontoon boat removed from the purchase agreement.

Now while you are all laughing that you know better, apparently many don't. Common things I see are: personal property, items you think we can escrow for, but can not, non-buyers on the PA, and non-buyers writing the earnest money check. Just because the boyfriend and girlfriend are looking at the house, and say they will be living there together, doesn't mean they are both on the loan application too.

Also, something most Real Estate Agents are not aware of are "post closing" problems. Long after the transaction has closed and you have spend your paycheck, the lender may have trouble selling the loan to FHA, Fannie, or Freddie because of a pre-purchase review. Some $8.00 per hour clerk 60 days after the closing may decide the plumbing was an issue and mandate proof of the repair. How easy do you think that is to get after the fact? Unable to resolve an issue means the lender ends up holding a loan on the books that they didn't expect. This is a HUGE problem today, so you'll find most Underwriters now asking for more items upfront then ever before.

The companies who didn't? Gone. Put out of business. Think Taylor Bean... They approved everything, and HUD put them out of business for poor quality control.

So when they ask for what you deem silly, just put a smile on your face, and get it handled as fast as possible.

Apr 18, 2010 07:39 AM
Christine Donovan
Donovan Blatt Realty - Costa Mesa, CA
Broker/Attorney 714-319-9751 DRE01267479 - Costa M

I am also curious as to why the inspection went to the underwriter.  That's not something I've seen them request.  Maybe it was the way the contract was written?

Apr 18, 2010 12:45 PM
Jody Lautenbach
Century 21 Premier Associates - Pella, IA

Wow - glad that someone did not get with bolts missing from the deck. Great inspection.   We all need to keep buyers in pace and curb these anxious moments.

Apr 19, 2010 06:05 AM
Jody Lautenbach
Century 21 Premier Associates - Pella, IA

Wow - glad that someone did not get with bolts missing from the deck. Great inspection.   We all need to keep buyers in pace and curb these anxious moments.

Apr 19, 2010 06:05 AM
Pam Turner, REALTOR®, e-PRO®, SFR
Century 21 Belk Realtors Dalton GA - Dalton, GA

Inspections don't go to lenders here either, may procedures are different elsewhere. Glad it worked out though!

Apr 19, 2010 01:33 PM
Leslie Ebersole
Swanepoel T3 Group - Saint Charles, IL
I help brokers build businesses they love.

I am feeling libertarian tonight so maybe this won't be a "PC" comment. I understand that lenders want and need to protect their investments. I'll never forget the first time an appraiser said it's the bank's money, not your clients". I do believe that people need to be protected from predatory lenders and unscrupulous sellers and their agents. I believe that people should be educated on the hazards of everything from lead paint to overloaded fuse boxes/

All that said, I am wondering at what point we make people take responsibility for their decisions. If I as an individual am willing to take responsibility for a broken pipe fitting or whatever, that's my choice. I'm not sure we can legislate all of the danger and risk out of living life.

Apr 19, 2010 01:51 PM
Sonja Patterson
Keller Williams - BV - College Station, TX
Texas Monthly 5-Star Realtor Recipient for the Hou

Ed, I'm glad it worked out!! :)

Lenn (#7)...loved that comment!!! LOL!!

Apr 20, 2010 02:51 PM