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07081 : Real Estate Advice

  • All24
  • Local Info1
  • Home Buying17
  • Home Selling4
  • Market Conditions0

Activity 22
Wed Aug 9, 2017
Wallace1972 asked:
What are my options? Shouldn't my closing attorney have uncovered this during the title abstract search?
0 votes 0 Answers Share Flag
Wed Jul 19, 2017
Maryame_goli answered:
The house is located in California. The original seller would like to make this title change to save money during tax season. How can we make sure this will not impact us negatives on or after closing? Any advice is appreciated. ... more
0 votes 1 answer Share Flag
Mon Nov 14, 2016
Engineerpaul asked:
What would be the cost per square foot to rebuild a single family home? I'm changing HO insurance and would like an idea of replacement costs. I was quoted a generic $180/ft2. Is that…
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Thu Sep 22, 2016
Yahlei Barrios answered:
Your Realtor can just fill out an amendment for a new closing date, however you need to call your lender and find out what is causing the delay and when will the loan get approved. Once you get that info then your Realtor can fill out the amendment. Your Realtor should have been in touch with your lender everyday 7 days prior to closing.

Yahlei Barrios, Realtor
Realm RE Professionals
www.MyKatyDreamHome.com
832-628-7866
... more
0 votes 2 answers Share Flag
Tue Aug 2, 2016
Karin Polifko asked:
We signed a contract to sell on 2/1/16, however we needed to delay. Buyers refused and their lawyer got involved. Closed on home May 4 and we are financing them for 10 years (bad decision).…
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Sat Aug 22, 2015
Trevolyn Haines answered:
What 'bait and switch'?

You asked for a personalized estimate and that is going to be what you get; it doesn't cost you a dime and there is no obligation.

Sounds like a great deal!

So please do not harass, or otherwise be a jerk to the poor agent that actually paid to have the pleasure of being introduced to you and is spending their own valuable time (that they are not getting paid for and could be using more productively or enjoyably elsewhere) helping to give you what you asked for.

If you decide that you really do not want a free personalized estimate, just politely let the agent that contacts you know that you are no longer interested.

Best of luck to you.
... more
0 votes 3 answers Share Flag
Sat Aug 22, 2015
Trevolyn Haines answered:
The seller is probably just as distressed as you are AND they have the added burden of having to cure the HOA lien (which could possibly be in the thousands of dollars) so be grateful that this was found prior to your closing (since the previous buyer- i.e. the seller- wasn't so lucky).

Because of the many issues that can come up and all third parties (appraisers, inspectors, title, etc.) involved, closing dates are basically targets.

Best of luck.
... more
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Sat Aug 22, 2015
Donna Clayton answered:
If the house is in New Jersey, closing dates in this state are really only "targeted" dates. But quite honestly, the closings typically don't always happen on the exact scheduled (or targeted) date. The closing dates are (more often than not) delayed for various reasons, such as lender delays, lawyer delays, or title issues. So the fact that Friday was the scheduled date is absolutely not a guarantee that the closing would have happened on that date. ... more
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Sat Aug 22, 2015
Scott Godzyk answered:
Unfotanately you may not have a recourse. There is no excuse for an appraisal 2 weeks after you were suppose to close. This is where teh buyer and tehir agent needs to be on the ball 4 weeks BEFORE closing. The appraisal should be ordered 4 weeks before and most of the time is done about 2 weeks before. You should sit down face to face with the loan officer and tehir mamager and get some real answers ... more
1 vote 3 answers Share Flag
Thu Jan 1, 2015
Heatherleygamma answered:
The seller can be charged a daily percent of the purchase price for not closing on time. The liens need to be cleared before the transfer or the funds need to be taken from the seller at closing and held with the title company to satisfy any judgment on the property. It is then the seller can dispute the liens and file the dispute with the courts. If the creditor does not response with In So many days the seller receives the funds withheld back from the title company. There is no real reason not to close unless the property does not have enough equity to support the lien(s) if your lawyer failed to tell you this maybe inform him of the law so he/she knows next time. ... more
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Sun Sep 1, 2013
Laura Giannotta answered:
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Mon Oct 15, 2012
Doc & Ellen Stephens answered:
Contract questions are best answered by attorneys. In general, As long as both Buyer and Seller still want to complete the sale, the simply extend the closing. Keep in mind that either party may incur extra costs due to the delay, including taxes, insurance, loan fees (which should be waived if your lender caused the delay), etc. The extension amendment can include an adjustment for those items. Be careful NOT to change anything that affects the loan underwriting, or a longer delay can result.

Good luck,

Doc Stephens, REALTOR
... more
0 votes 3 answers Share Flag
Wed Jul 11, 2012
Ibrahim Hughes answered:
First, I would hope that your parents have a real estate attorney who can best advise them on this issue.

Second, I would think that, like most other liens attached to real estate, this one could be paid at closing. Or are you saying that the lien needs to be Paid in order to obtain an inheritance tax waiver? If so I would think that your attorney and/or title co would have notified you of this sooner. What is your attorney saying?

If you don't have one I strongly advise that you get one asap. Good luck.
... more
0 votes 2 answers Share Flag
Mon Feb 27, 2012
Weichert Realtors answered:
Did you sell? Did you buy another property? If not would you kindly tell us why not? Regards,
0 votes 11 answers Share Flag
Fri Feb 17, 2012
Weichert Realtors answered:
0 votes 6 answers Share Flag
Fri Jan 14, 2011
Yolanda Escobar-Flores answered:
GW, You need to consult your attorney. He or she will be the right person to decide if you can terminate your agreement with the seller.
Best wishes!

www.linkedIn.com/in/YolandaEscobarFlores
Cell: 908-418-1616
... more
0 votes 1 answer Share Flag
Wed Sep 22, 2010
Joe Chang answered:
The important question is what the contract's closing date is. If that date is 6/30/10 and there still is no bank approval then ideally your attorney should have negotiated and included a "back out clause." For instance I add in my short sale seller's rider to the contract of sale, a provision that states, "if the short sale approval notice has not been issued by the date of closing then either party may cancel the contract and the deposit money to be returned to the buyer." Then obviously if things are dragging on or if there's been a change of heart it's a nice escape route. I would have your attorney also look at the buyer's rider, if there is one, because very often the buyer's attorney would also normally add a clause like this so that a buyer doesn't get stuck waiting forever as well.

Please note that just because your financial situation has improved doesn't mean your lender has to reinstate your loan and/or continue to accept your payments. After a payment default, some lenders can be very aggressive and pursuant to the acceleration clause in your mortgage they can demand full payment. Then it sometimes becomes very difficult to work things out. In New Jersey sometimes the only option to get the lender's attention is to sue under our NJ Consumer Fraud Act, on the basis of unconscionable business practices and then proceed to discuss the issues in person, at Court. A wakeup call a lot of lender's need.

*Please note that this is general information only, and not to be construed as legal advice, if you would like a consultation please feel free to call and make an appointment"
Joseph A. Chang & Associates, LLC * Attorneys at Law
973.925.2525
JC@josephchanglaw.com
www.josephchanglaw.com
Wayne, Paterson and Passaic, New Jersey
Passaic, Bergen, Union, and Essex Counties
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Sat Jul 3, 2010
Katia M. Belas answered:
Buying a brand new house is never a "sure date closing" transaction, the right thing would have been that you never release yourself from the place you are renting until after closing. That is always my advice for my clients when they are buying a brand new construction, yest, you lose some money paying for 1 month extra rental, but what would you think is best, lose 1 month of rent and have time to move from one place to the other or be "homeless" who knows for how long until the closing actually happens? Here are your opitions:
1- Move in with a relative.
2- Try, re-rent the place you are now.
3- Look for a place to rent on a month-to-month basis
4-Hope that it will close before you have to move(these dates always change with no notice, so maybe you will be lucky to have a closing before you expect)
Also, try talking to your attorney to see if he can pressure the builder's attorney to expedite the closing date with a "time of the essence" notice, or any legal advice he/she can give you to help you.
... more
0 votes 1 answer Share Flag
Wed May 12, 2010
Hal Benz answered:
Well, I'll join in the chorus...consult a really experienced real estate attorney on this one. Could you take possession and handled the eviction yourself? (Not that you would necessarily want to jump into that mess). In my experience, unless the contract specifically addresses this isue, you'll probably ned to sue for damages. Again...have a GOOD and EXPERIENCED lawyer in your corner. As for the tax credit, it's close by June 30...no exceptions, even valid ones. Good luck!! ... more
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