That being said, sometimes in the sale of a bank-owned property it can take 3-5 business days to receive the final HUD approval/signature back from the seller. I am a bit surprised that your lender went ahead and funded it without that final seller signature but it's quite possible that they had final HUD approval from the seller (typically the lender must have approval or they can't fund the loan).
Maybe you have a rate lock expiring and they needed to fund it by a certain date? That happens all the time. Talk to your lender; I'm sure he/she can explain why it's already funded without the seller signature.
The best guess is that the listing agent who works for the seller is confident that the seller will sign the final HUD; it's just a matter of being in line with the thousands of other transactions that the seller is working on at any given moment.
Hope that helps! I don't believe there's any need to contact an attorney just yet, but that's your choice entirely. I would think between your agent, the listing agent and the title company, it will all work out in the next couple of days. If it doesn't, then it might be best to take some additional steps to reach the seller and find out what is going on.
Realty ONE Group
Typically a title company will not let the buyer's loan funds get wired until to the selling bank has finalized the hud. When you say it has funded do you mean you signed docs and the loan is ready to fund or did they actually send your wire to title? I suggest calling title to ask for an update. If they can't give you any more info, ask your agent to call the listing agent to find out the hold up is.
Wishing you all the best in your new home.
WEST USA REALTY
1) Re-read your contract - many times the answer is in there. Look for clauses on time periods, notice to perform, and breach of contract.
2) Talk to your Realtor for what to expect and best course of action to meet your needs.
3) Talk to the Escrow Officer - they are a neutral 3rd party and can be very helpful.