We are buying a foreclosure from Fannie Mae and need some desperate advice

Tonnalynne
Home Buyer
Humboldt, TN

We are getting a USDA loan so as you know there are many hoops to jump thru. Everyone is dragging their feet. Of course we don't choose the people to do the work, the USDA does. The appraisal took 21 days, the realtor took 2 weeks to pick up the contract we had signed, it has been several situations that have been out of our control. Our closing date is 5/25 and we still have to get the house inspection and the pest inspection which shouldn't take long but we will not be able to close and the realtor says fannie mae will charge $100 a day to extend to closing date.....is this right? Is this fair since we did nothing to cause this it was waiting on the people the USDA had to use for their process.

Answers (2)
Lilo Clacher
Agent
Cookeville, TN

Hi!
You can ask ( in writing) to have the charges droped. I just had the same situation with one of my clients
and this is what I did. It worked!!!!
Good luck
Lilo

Sat May 23 2009, 08:13
Julia Odom
Agent
Chattanooga, TN
FIRST ANSWER

With foreclosures, you typically sign a seller's addendum which will specify a penalty to the buyer for late closings ($100/day is about the highest you will see but it is not at all uncommon). You need to submit an amendment to the contract for the seller's approval with wording such as, "Closing date is hereby extended until (realistic date) with no penalty to buyer." Many sellers will grant an extension without charging the per diem fee if you ask matter of factly. Unfortunately, these extensions are often at the whim of the asset manager and there is no way to predict which ones will be approved and which won't.

When you say, "the realtor took 2 weeks to pick up the contract..." If this was the listing agent (i.e. seller's agent) and it caused part of the problem you definitely could make the case that the seller or seller's agent is responsible for the delay.

If that isn't the case then no, it isn't fair to you but it was your choice to use USDA and it isn't the seller's fault that it's taking too long to close (at least that is the seller's point of view).

Web Reference: http://www.JuliaOdom.com
Sat May 23 2009, 07:19

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