Legal Question in Real Estate Law in California

My aunt is in the process of selling her home in Calif.Her deal was supposed to close July 26th,so she sold all her personal possessions and moved to Colorado with us..Her realtor told her that the deal will now not close for another month because the mortgage company has alot of mortgages and foreclosures to deal with although she assures us the buyers loan is ok'd.This is the third time there is a extention . In today's market is this a common practice, or is her realtor just blowing smoke? Thanks


Asked on 7/26/10, 2:25 pm

3 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

It is 'always' a problem getting escrow closed, timely or at all; especially in today's terrible market. She needs to have her agent keep the pressure on to close. But there is nothing she can do to force someone else's lender to perform. There is no guarantee the loan will ever fund. If it doesn't, the deal falls apart and she ends up with an empty house needing to be re-listed and re-sold. Owners should never move before escrow closes. If she ends up needing an attorney to help in this, and if it is in SoCal, feel free to contact me.

Read more
Answered on 7/26/10, 5:56 pm
Anthony Roach Law Office of Anthony A. Roach

10 bucks says the entire deal is "contingent" on financing. That means if the buyer fails to obtain a loan, she is Short On Luck.

Read more
Answered on 7/26/10, 9:09 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

So, ask your aunt whether there are any unremoved contingencies in the purchase agreement. An "okay" on a loan is usually, by the way, "subject to" the lender's numerous requirements for feeling comfortable with everything immediately prior to forking over the bucks, which may depend on which side of the bed the lending officer got out of that morning, or what scary story he read in the Wall Stree Journal about interest rate trends, inflation, the Euro versus the buck, or you-name-it. Commitments to lend are final when the money is wired to escrow with no strings attached.

Read more
Answered on 7/26/10, 9:23 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in California