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Buyers-Why Not to Change Your Loan at the Last Minute!

By
Real Estate Agent with Leigh Brown & Associates, RE/MAX Executive

I am representing buyers who are in the process of relocating to North Carolina from sunny Florida.  They're purchasing new construction, and it's finally complete!  woo hoo!

They were pre-approved by the builder's lender for 100% financing, not contingent upon the house in Florida selling (you know how the market is in parts of Florida, a little on the slow side). 

A buyer surfaced on the house in Florida-hooray!  So at the first part of November, the buyers (without talking to me, oh please, buyers-rely upon us-we love to advise and help but can't help if you go off on your own!) changed loans.  To do a conventional 20% down loan, which is only feasible when the equity is taken off the house in Florida-which is under contract, right?

So what happens in Florida on the house they're selling?  THEIR BUYER decides to shop his loan a week before closing...discovers he was getting a great deal all along so changes his mind again and stays put, but it delays closing since the underwriter had iced the package.  Closing was supposed to happen last Friday, but was put off til today.

Today we were supposed to close on the new one, but that's been delayed by the delay in Florida.  Because since the loan was changed, they have to sell the old one to buy the new.

Still with me?

You might be thinking, 'so what? what's a few days here and there?'  Well, it matters to this builder.  In their contract is a provision that any delay on the scheduled closing will result in a penalty of 1% of the purchase price.  You heard me, any delay costs 1%!  I call that usury.  But it's a builder contract written by builder attorneys and if you want to buy their product, you use it. I've seen a lot of contracts with a per diem on delays, but this is a large national builder who wants closing to happen when they want it to happen!

The house in Florida closed today, but the wire hasn't yet arrived.  Since wires have to go through the Federal Reserve System, they can appear after 5 minutes or 8 hours-no way to know, and it's not instantaneous like email (which is a surprise to a lot of people).  And this builder will NOT do a dry closing (paperwork without funds).

So the closing attorney is checking the account every few minutes, hoping the wire shows up.  Because if it doesn't appear in the next two hours, they close tomorrow and pay a whopping $2100 in penalty.  Over a few hours' delay-and no skin off the builder's back since they wouldn't have the money til tomorrow ANYWAY (since in NC funds can't be disbursed until recordation has taken place).

Why do I suggest that you not change your loan at the last minute?  Because if this buyer had stuck with the original 100% loan, they wouldn't be faced with a $2100 penalty-they would have been able to close on time.  The rate difference?  1/8%.  And they could have gone back and refinanced a little while after closing and gone to the conventional 80% product.  Think through the process and all the things that can crop up.  Any experienced real estate broker can tell you that no contract is secure until it's closed, recorded, and money is in the bank.  Things just happen, outside of your control.  So rely on us-talk through these decisions and ideas, even if you think you're wasting our time-you're NOT wasting it at all, most of us WANT to help and want to be that trusted advisor.

Tom Burris
NMLS# 335055 - Baton Rouge, LA
Texas/Louisiana Mortgage Pro - 13 YRS Experience

buyers are crazy.... they do this stuff all of the time....

like the one who quit her job as she walked out the door to go to her closing. i could have saved her the trouble.... because the lender did a verbal employment verification before funding.... which didnt happen of course

Nov 30, 2006 08:46 AM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

For resales, our contract requires that a buyer cooperate with the lender that that was used when seller accepted the contract.  Unless the seller agrees to a different lender, the buyer must continue to process with the original lender.  We warn them about the risks of "going out on their own". 

For new, most buyers around here go with the builder's lender to get the incentive.  If a buyer isn't cooperating with the lender, the builder knows it right away. 

We counsel our buyers extensively about changing lenders without approval of the seller.  This is serious stuff. 

Nov 30, 2006 09:32 AM
Leigh Brown
Leigh Brown & Associates, RE/MAX Executive - Charlotte, NC
CEO, Dream Maker - Charlotte, NC
The thing is, my buyer didn't change lenders-just programs, which was a big mistake because of the risk on the contingency.  But their buyer in FL tried to change lenders which was the cause of the whole delay.  I wish our contracts were worded like yours, Lenn-actually, I wish the FL contracts were worded like yours.
Nov 30, 2006 11:03 AM
Randy L. Prothero
eXp Realty - Hollister, MO
Missouri REALTOR, (808) 384-5645

When I run into these types of situations it is usually as a result of armchair quarterbacks.  I have had buyers whose friends keep giving them advice until the buyer follows their dumbest advice.

Nov 30, 2006 07:50 PM
Leigh Brown
Leigh Brown & Associates, RE/MAX Executive - Charlotte, NC
CEO, Dream Maker - Charlotte, NC
I think you're right, Randy.  I tell my folks to quit watching the news and the internet, wherever they were hearing about mortgage rates, once they've locked in.  Wish they all listened!
Nov 30, 2006 11:47 PM