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Flippin' affidavits threatened my closing date!

By
Real Estate Broker/Owner with Riverbend Realty, Cape Girardeau, MO 2004008944

Here an underwriter, there an underwriter! This time it was the title company's underwriter (instead of the lender's underwriter) who came up with additional requirements late in the game while my deal was nearing the close date. Because my seller's house had been remodeled, the seller had to provide receipts to prove he had paid for the materials he used. He also had to provide affidavits (and some had to be notorized) that third-party vendors had, indeed, been satisfied.

Of course, the whole process lessens the possibility of mechanic liens, which in Missouri can be filed up to six months after the expense is incurred. And those liens attach to the property, regardless of who owns that property in six months' time. The affidavits and receipts are good protection for the buyer, but getting them all together and to the title company is an extra step that more sellers may have to be prepared to do as the home-selling process evolves. Mechanic's liens and title policy protection against them are issues that are currently being hotly discussed in Missouri, and requirements are changing.

Buyers, sellers, and their agents should all expect additional documentation when a house has been remodeled or when alterations have been made at the last minute to satisfy FHA or lender requirements.

©2010 Liz Lockhart liz@lockhartlegacy.com (if you reblog, you must link back and leave copyright tag intact) Protected by Copyscape Originality Check

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Stanley Stepak
Howard Hanna - Avon Lake, OH - Avon Lake, OH
Realtor - Avon Lake, Avon, Bay Village, Westlake,

Very interesting information.  I want to check this out in my Ohio area to see if we have the same issues.

Aug 25, 2010 04:43 PM
Liz Lockhart
Riverbend Realty, Cape Girardeau, MO - Cape Girardeau, MO
GRI, Cape Girardeau Real Estate

This seller was an investor who has bought and sold numerous houses, and last week was the first time he had ever encountered the requirement. I know that new home construction often has the mechanic's lien issue, but this was the first time I had it come up on an existing structure.

Aug 25, 2010 04:50 PM
Wade Kawahara
Dominion Real Estate Partners, LLC - Phoenix, AZ

Liz, I never heard of such a thing from the title co., but after your explanation it does make some sense.  Boy, if it isn't one thing it's another.

Aug 25, 2010 05:31 PM
Don Spera
CR Property Group, LLC - East York, PA
Serving York and Adams County, PA

I can see the title companies point of view, as they have the ultimate responsibility of insurability of issuing a clear title.  They don't want your consumer to be responsible for anyone else's debt, so the books definitely have to be clear.

Aug 25, 2010 05:34 PM
Liz Lockhart
Riverbend Realty, Cape Girardeau, MO - Cape Girardeau, MO
GRI, Cape Girardeau Real Estate

Wade: Ain't that the TRUTH?

Don: So can I, but I was sort of blind-sided by it--so that's why I wrote the blog about it.

Aug 25, 2010 05:42 PM