Why does a lender with only a 70% interest in a home have a right to make the seller fix a working septic system?  This is not FHA, it is private money. The cost to replace it (recommended by the inspector and agreed to by the buyer to make the seller happy) is not even close to the amount at risk for the lender.  There are no cases I am aware of that let a borrower sue a lender for "allowing" them to close with a septic system that needs fixing.  I thought the secondary market would accept a loan if the "fixes" to the home were under 6% of the value. The buyer and seller agree that the seller will pay to fix this, the money is there to fix it and the contractor is ready to go.  It is just that the weather is not cooperating.  So now domino affect means 3 closings will not happen. Residentail lenders have WAY too much power based on nothing other than whim and bravado.

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5 Comments on It's Halloween time and Lenders are SCARY!

OCT
29
2010
2 Featured Posts

We feel for you Linda!  Was this one of the "big banks"?  We have run into these problems with some of those types of banks.  We are recommending most of our buyers go to our hometown banks where they are actually a person and not a number.  Best of luck!  Have a great weekend!

1:25pm • #1
205,885 Points 6 Featured Posts Attended Rain Camp

How frustrating! These are certainly interesting times...

1:27pm • #2

I had this same problem not to long ago. The lender emailed the county health department about the septic and was told septic's in this area are failing. This was working fine. I got the issue taken care of without anyone spending money on a repair that was not needed.

1:30pm • #3
3 Featured Posts

Linda: Everything is crazy righ now. The banks are being very difficult and totally "over correcting" the problem. I feel your pain...Getting my loans to fund have been like pulling teeth. This will get better.

1:48pm • #4
315,007 Points 2 Featured Posts Attended Rain Camp Called Shot Master

Linda, If you stop and look at the billions of dollars that lenders have lost in foreclosures, short sales, loan modifications, etc over the last 3 years, you will answer you own question very quickly.  In just 3 short years, the Secondary Mortgage Market has suffered unprecidented financial losses.  More banks have failed than since the Great Depression.

Unless someoneis paying cash for a property, then yes, the property does need to meet minimum property standards.  That rule is Mortgage Lending 101. That is a given irregardless of the loan amount, loan to value, color of house, day of the week you close, etc. 

I am not sure what you mean by "private money" since you indicated that a lender is involved.  I also don't understand why there would be a need to fix a working septic system.  If its working properly, then there is nothing to fix.  A non-functioning septic system is a huge issue. You have an uninhabitable house without it. 

I think that if real estate brokers and individual agents had to share in the losses of a foreclosure, attitudes toward "lender being too strict" would rapidly go away.  Its very easy to say someone is being too strict when they are not the one financiallyresponsible when something goes wrong.  Those of us in the business who actually understand the business know exactly why these minimum standards exit today.

9:17pm • #5


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Linda Walters, ABA, Esq., SRES, EPro

Linda, Exclusive Buyer Agent

Wayne, PA

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Sage Realty LLC

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