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Can I move into a home before settlement?

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Mortgage and Lending with Mortgages in AZ, CA, CO, DE, FL, GA, IN, MD, MN, MT, NC, NJ, NV, OK, OR, PA, SC, SD, TN, TX, UT, VA, WI NMLS #138061 MMCD #1141

 

Can I move into a home before settlement?

 

Playing with Fire

 

     This is a tricky question, because the answer and my advice are complete opposites.  Sometimes, whether it's due to an expiring lease, logistics, financial benefit to a seller, or even in a rent-to-own situation, the question comes up, "Can I move into a home before settlement?".

 

    

 

     The easy answer is yes, you can.  So long as buyer & seller are in agreement, you can move into a home prior to settlement and the official sale.  But just because you can play with fire doesn't mean you won't get burnt!

 

     While you CAN move into a home before settlement if the seller agrees, my advice will always be to avoid the situation if possible.  Here are a few reasons it's not a good idea:

 

- If the mortgage process isn't 100% complete, there's ALWAYS room for the loan to be denied.  What if a primary wage earner is laid off or injured after moving into the home but prior to settlement?  A change in job status or income could put a mortgage loan in jeopardy, or even in a best-case scenario cause major delays. 

 

- If a buyer moves in prematurely, they may find things they don't like about the home that they didn't previously consider.  Worst case, they could decide they really don't want to go to settlement on this home.

 

- On new construction, moving in prior to the issuance of a CO could violate construction loan terms or contractor/builder contracts.

 

- If a buyer has 'minor details' that need to be worked out, such as 'simple' credit fixes, there's no guarantee they'll ever be worked out, and it's not as simple as a seller saying "Get out!"

 

- Once someone moves into the home, the seller may have to go through some major legal hoops to make them leave the home.  It's not as easy as just saying "Get out!" once you agree to let someone move in.

 

- A buyer moving in prematurely will usually view the home as theirs - along with that feeling may come "improvements" to the home, which the seller could be stuck with if settlement never occurs.

 

 

     Sometimes, though, moving in early can be beneficial to both a buyer and seller, and sometimes it works out just fine.  If you do decide to let someone move into your home before settlement (or if you're moving into someone's home prior to settlement) it's imperative to work out all of the details, IN WRITING, with Realtor representation on both sides, along with the help of a real estate attorney.  Provisions should be made for all worst-case scenario's to protect both buyer and seller.

 

     So can you move into a home before settlement?  Sure you can.  But beware!  Even when working with the best of professionals through the home buying/mortgage/closing process, there are many ways a deal could fall apart that are sometimes out of anyone's control.  It's best to wait until loans are complete, money is wired, and documents are signed prior to changing occupancy.

 

 

 

photo by Robert Couse-Baker

Posted by

John Meussner
NMLS ID #138061

It's more than a house - it's home.  So we offer a wide range of mortgage products at competitive prices to help our clients achieve financial security at home.  While we get great feedback on our prices and products, many clients say their favorite part of working with John Meussner & MasonMac is the level of service provided along the way.

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Comments(8)

Jim Patton
Aspire Home Real Estate 209-404-0816 - Modesto, CA
Realtor - Stanislaus ,Merced, San Joaquin Counties

Of course you can John, but I really wouldn't recommend it.  You spelled out some very good reasons why it not usually a good idea.

Dec 20, 2013 06:25 AM
Tony & Darcy Cannon
Aubrey and Associates Realty - Layton, UT
The C Team

John, These reasons are exactly why we advise both buyers and sellers that it isn't a good idea.

Dec 20, 2013 07:58 AM
Fred Griffin Florida Real Estate
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

     I did it twice, early in my career.  Both times I and the Seller got burned.  Today I will insist on an Attorney overseeing any "Occupany Prior to Closing".

Dec 20, 2013 11:38 AM
Patricia Kennedy
RLAH@properties - Washington, DC
Home in the Capital

John, I don't like to do it, but sometimes it's the only way to make a deal work.  If they do move in early, you have to pray that the neighbors aren't awful and that they don't have a killer dog who barks all night in the back yard.  Whenever I've had a pre-op, it's given me the hives.

Dec 20, 2013 12:18 PM
John Meussner
Mortgages in AZ, CA, CO, DE, FL, GA, IN, MD, MN, MT, NC, NJ, NV, OK, OR, PA, SC, SD, TN, TX, UT, VA, WI - Fair Oaks, CA
#MortgageMadeEasy Fair Oaks, CA 484-680-4852

Jim - thanks for the comment!

Tony/Darcy - thanks for stopping by, I advise folks to avoid the situation too

Fred - Having an attorney involved is always a good idea - I've seen a few lease-purchase situations fall apart, and also saw buyers make 'improvements' before the home was there's and settlement never happened - nightmare situations.  Thanks for commenting.

Patricia - thanks for the comment, and you're right - sometimes it makes sense for a buyer & seller, but it is so nerve wracking!

Dec 21, 2013 05:55 AM
Amanda Christiansen
Christiansen Group Realty (260)704-0843 - Fort Wayne, IN
Christiansen Group Realty

I've had buyers store personal property in the home before closing, but there was a written agreement between buyer, seller, listing agent, and myself.  It was nerve wracking to say the least.  :)

Dec 21, 2013 06:05 AM
John Meussner
Mortgages in AZ, CA, CO, DE, FL, GA, IN, MD, MN, MT, NC, NJ, NV, OK, OR, PA, SC, SD, TN, TX, UT, VA, WI - Fair Oaks, CA
#MortgageMadeEasy Fair Oaks, CA 484-680-4852

Jared - -thanks for stopping by.  I think the consensus seems to be that sometimes it's necessary, but makes everyone sweat bullets along the way to settlement!

Dec 21, 2013 10:01 AM
Edward Perez
Sothbey's International Realty - Hoboken, NJ

John, agreed, not advisable.  I had a seller cancel a contract as the buyer had his loan delayed the day before closing for a month and a half while he waited for his bonus to arrive.  He asked if he could move in and pay rent temporarily.  My sellers attorney and I  advised against it.  We ended up placing it back onto the market and thankfully sold quickly to another buyer for about $10K more. 

Dec 27, 2013 06:42 AM