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Choose the Wording For Contracts Carefully

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Mortgage and Lending with NMLS #216987, IL Lic. 031.0006220, WI Licensed. APMC NMLS #175656 IL Lic 031.0006220/WI

 

Choose the Wording For Contracts Carefully     



     Today I'm working on a rather challenging mortgage scenario for new and hopeful applicants ...     

     

     There are many elements to this transaction that serve to make it somewhat extraordinary.  

     But the one thing that's proving the most challenging is the wording chosen for a portion of the signed Contract. 

     The applicants involved have excellent credit/credit scores and secure employment.  Their financial position is stellar and very secure.  Every indication is that they're financially rock solid and would be at little risk for credit issues arising in the future.

     Yet, there is that darn wording within the Contract to be concerned with.  And it's causing a bit of havoc ...

     So my objective in writing this post is:  

  1. To alert real estate professionals to the importance of word choice within a Real Estate Contract.  It can influence the difficulty and speed with which their Applicants' Mortgage financing is secured.
  2. In extreme cases, it can hinder or prevent a successful Mortgage Application.


     That's what is being experienced by my new Applicants.  The wording within their Contract is hindering and slowing down their entire buying/financing process.


     So how can this be prevented?  

     In transactions that may be somewhat out of the ordinary or challenging like this one:

     It would be wise prior to the writing of the Contract ... or certainly prior to the signing, that agents and clients have a conversation with me (the Mortgage Lender).  

     This one simple act could prevent problematic issues from rising during the financing process.  It will help mortgage underwriting and application proceed more smoothly for the client ... and for the professionals involved too.   

     I'm confident that I will work through the challenges found within this present Contract.  However, it'll take time to do so.  The unknown time element will cause some additional stress for the client.  Stress that could have been avoided. 

     So take the time to make a call.  Ask me questions.  Ask for direction.  It's definitely worth doing ...  



     *  Have clients that hope to Buy, Build, or Refinancewithin the Greater Chicagoland area?  Contact me today!  I'll put my 37 years of Mortgage experience and expertise hard to work on your behalf.
     I can be easily found at:

Direct:  815.524.2280
Cell/Text:  708.921.6331
eFax:  815.524.2281
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Gene Mundt

 Mortgage Originator  -  NMLS #216987    

                                 IL Lic. #031.0006220  -  WI License #216987                                                                                                    

NMLS #175656

 

Gene Mundt, Mortgage Originator,  40+ years of #mortgage experience, will offer you exemplary mortgage service and advice when seeking:  #Conventional, #FHA, #VA, #Jumbo, #USDA, and Portfolio Loans in #Chicago and the greater Chicagoland region, including:  The #Lincoln-Way Area, #Will County, (#New Lenox, #Frankfort, #Mokena, #Manhattan, #Joliet, #Shorewood, #Crest Hill, #Plainfield, #Bolingbrook, #Romeoville, #Naperville, #Wilmington, #Peotone, etc.), #DuPage County, the City of Chicago, #Cook County, and elsewhere within IL and Wisconsin. 

 

Your Referrals & Testimonials are Always Greatly Appreciated! 

 

 

Comments(17)

Gary L. Waters Broker Associate, Bucci Realty
Bucci Realty, Inc. - Melbourne, FL
Eighteen Years Experience in Brevard County

As our contracts are fill in the blank written by lawyer there is little "wording" to be done.... which is good.

May 05, 2015 06:38 AM
Dick Greenberg
New Paradigm Partners LLC - Fort Collins, CO
Northern Colorado Residential Real Estate

Hi Gene - Excellent point. We learned a long time ago to run anything a bit out of the ordinary by our lender ahead of time - and these days, there's a lot out of the ordinary to be concerned with.

May 05, 2015 06:41 AM
Gene Mundt, IL/WI Mortgage Originator - FHA/VA/Conv/Jumbo/Portfolio/Refi
NMLS #216987, IL Lic. 031.0006220, WI Licensed. APMC NMLS #175656 - New Lenox, IL
708.921.6331 - 40+ yrs experience

Certainly takes the worry and nerves out of it, Gary L. Waters, Broker Owner Waters Realty of Brevard, LLC ... definitely the desired result!

Dick Greenberg ... very true.  Very little is "simple" anymore.  Or conducted in the same manner as it was.  I'm so glad that you protect your clients and yourself by talking to your Lender.  Very good news for all ...

Gene

May 05, 2015 06:44 AM
Nick T Pappas
Assoc. Broker ABR, CRS, SFR, e-Pro, @Homes Realty Group, Broker/Providence Property Mgmnt, LLC Huntsville AL - Huntsville, AL
Madison & Huntsville Alabama Real Estate Resource

Gene, wow did you hit the nail on the head with this post! I'm always on the phone to my lender or closing attorney for anything out of the ordinary.

May 05, 2015 09:26 AM
Kathy Streib
Cypress, TX
Home Stager/Redesign

Gene- It's amazing what bumps in the road could be avoided if people would just ask.  it's so much easier to do before the transaction gets started. 

May 05, 2015 11:36 AM
Lou Ludwig
Ludwig & Associates - Boca Raton, FL
Designations Earned CRB, CRS, CIPS, GRI, SRES, TRC

Gene

The wording in the contract can impact the contract and if the property closes.

We where involved in a multiple million dollar land sale . . . . the buyers sales associate changed some wording in the contract. As a result the seller was able to cancel the contract with the buyer . . . . and sold it to another buyer for more money.

Good luck and success.

Lou Ludwig

May 05, 2015 11:43 AM
Claude Labbe
RLAH / @properties - Washington, DC
Realty for Your Busy Life

When the lender and realtor aren't working & communicating, that's a big red flag.  While it works better if they both have an established relationship, new relationships can work just as well.  The key is, there has to be one.

Agents write contracts with strategies in mind; but I do believe that buyers at times will nod yes and not know they've been told to do otherwise by the lender.

So..yes, lender, talk to realtor and realtor, talk to lender.

May 05, 2015 01:01 PM
Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

I never fill out the finance contingency and terms without speaking to loan officer.  I need to know the type of loan as forms are different and the terms of loan and even time lines based on the workflow of that particular company.  In the end I'm just filling in blanks, but I want them to be right based on the clients needs.

May 05, 2015 01:43 PM
Noah Seidenberg
Coldwell Banker - Evanston, IL
Chicagoland and Suburbs (800) 858-7917

So true Gene, know your contracts inside and out. Be able to explain them to he people on the spot.

May 05, 2015 02:26 PM
Joe Petrowsky
Mortgage Consultant, Right Trac Financial Group, Inc. NMLS # 2709 - Manchester, CT
Your Mortgage Consultant for Life

Good morning Gene. You must have been at my office yesterday. I had to have two different Realtors rewrite contracts, that would have been a problem. Fortunately they were not huge issues, that would easily be resolved.

Great topic and advice for sure.

May 05, 2015 07:00 PM
Gene Mundt, IL/WI Mortgage Originator - FHA/VA/Conv/Jumbo/Portfolio/Refi
NMLS #216987, IL Lic. 031.0006220, WI Licensed. APMC NMLS #175656 - New Lenox, IL
708.921.6331 - 40+ yrs experience

Definitely like hearing that, Nick T Pappas.  Needless-to-say, this particular transaction had a whole lot going in it ... but with a bit of care prior to the signing of the Contract, so much of it could have been avoided.  Frustrating ...

Better to know early or before, I agree Kathy Streib.  Can't overstress how important this has become ... and how much more so it will be in the future ...

Gene  

May 06, 2015 04:06 AM
Gene Mundt, IL/WI Mortgage Originator - FHA/VA/Conv/Jumbo/Portfolio/Refi
NMLS #216987, IL Lic. 031.0006220, WI Licensed. APMC NMLS #175656 - New Lenox, IL
708.921.6331 - 40+ yrs experience

Unbelievable, Lou Ludwig ... don't you wonder how this happens when "professionals" are involved??  Being involved in something like that would be so darn frustrating ...

Oh Amen, Amen, Claude Labbe!  Couldn't agree more ...

Gene 

May 06, 2015 04:08 AM
Gene Mundt, IL/WI Mortgage Originator - FHA/VA/Conv/Jumbo/Portfolio/Refi
NMLS #216987, IL Lic. 031.0006220, WI Licensed. APMC NMLS #175656 - New Lenox, IL
708.921.6331 - 40+ yrs experience

Perfect .. and smart thing to do, Tammy Lankford ... why take a chance?  Making the call addresses an issue, if there is one ...

You really are doing the client .. and yourself ... a favor, Noah Seidenberg.  A little bit of prevention and forethought helps immensely ...

Gene 

 

May 06, 2015 04:33 AM
Gene Mundt, IL/WI Mortgage Originator - FHA/VA/Conv/Jumbo/Portfolio/Refi
NMLS #216987, IL Lic. 031.0006220, WI Licensed. APMC NMLS #175656 - New Lenox, IL
708.921.6331 - 40+ yrs experience

You provide ample proof of the value of talking to your Lender involved within a transaction, Joe Petrowsky ... thank you for contributing your advice and experiences ...

Gene

May 06, 2015 04:34 AM
Dorie Dillard Austin TX
Coldwell Banker Realty ~ 512.750.6899 - Austin, TX
NW Austin ~ Canyon Creek and Spicewood/Balcones

Good morning Gene,

The Texas Real Estate Commission drafts our contracts we use with the help of the attorneys that serve. We fill in the blanks and have a Addendum for everything..we are encouraged not to write in anything!! No need to they have it covered!

May 06, 2015 10:14 PM
Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Coldwell Banker Realty

Gene Mundt, Chicago-area Mortgage Lender - www.genemundt.com Couldn't the issue have been resolved by asking the Buyer and the Seller to change the "complicating" language in an Addendum to the Contract?

Sep 15, 2015 02:46 AM
Gene Mundt, IL/WI Mortgage Originator - FHA/VA/Conv/Jumbo/Portfolio/Refi
NMLS #216987, IL Lic. 031.0006220, WI Licensed. APMC NMLS #175656 - New Lenox, IL
708.921.6331 - 40+ yrs experience

Tony Marriott ... there were a few paths that could be taken.  But each resulted in a loss of valuable time .. time and issues that could have been prevented fairly easily prior to the signing of the initial contract.  Problems can be solved .. but there is typically a cost of time, frustration, etc. in doing so ...

Gene 

Sep 15, 2015 03:51 AM