BEST ANSWER
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).
Sat May 23 2009, 07:19