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Old 03-08-2015, 04:14 PM
 
8,540 posts, read 12,289,648 times
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Quote:
Originally Posted by tamajane View Post
I don't see any sympathy for sellers here though.
Please understand that it's difficult to show empathy when none of the issues are known. Most of us have probably dealt with both sides of these types of issues. Sometimes the delay is for legitimate reasons, sometimes it's due to incompetence or merely a stall tactic. Best wishes on your closing.
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Old 03-08-2015, 04:46 PM
 
19,399 posts, read 12,047,694 times
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Quote:
Originally Posted by mikestrong View Post
You can give general idea of whats wrong without worrying about privacy.
"The "non-issues" they insisted on pursuing have been shot down by my attorney and they have conceded they were over reaching and that the things they demanded were not necessary for clear title."

That's pretty much it.

I just want them to stop doing the above - bothering my lawyer and me for things that are proven unnecessary for clear title. It doesn't matter what the details are, they admitted they didn't need what they insisted they needed when push came to shove. They are like procrastinating stalkers.

Furthermore, they insisted several times they were done. Good to go. Not. That IS incompetent.
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Old 03-08-2015, 04:58 PM
 
Location: The Triad
34,090 posts, read 82,545,307 times
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Quote:
Originally Posted by tamajane View Post

"The "non-issues" they insisted on pursuing have been shot down by my attorney
and they have conceded they were over reaching and that the things they demanded
were not necessary for clear title."
You can be sure that the title company knew that before.

The point being made is about WHY the buyers (NOT the title Co) are stalling...
not how they are going about it. Find out why.

You mentioned they are CASH buyers.
In the contract process did you get proof of that cash being available?
Was it tied up somewhere and contingent on some other transaction closing?
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Old 03-08-2015, 04:59 PM
 
9,863 posts, read 14,010,185 times
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Quote:
Originally Posted by tamajane View Post
"The "non-issues" they insisted on pursuing have been shot down by my attorney and they have conceded they were over reaching and that the things they demanded were not necessary for clear title."

That's pretty much it.

I just want them to stop doing the above - bothering my lawyer and me for things that are proven unnecessary for clear title. It doesn't matter what the details are, they admitted they didn't need what they insisted they needed when push came to shove. They are like procrastinating stalkers.

Furthermore, they insisted several times they were done. Good to go. Not. That IS incompetent.

Does your contract allow for open ended negotiations and closing dates? (if so, bad negotiating.) If not, walk away. That is your prerogative.

You are likely choosing to stay in this deal because you want you house sold. That makes sense. So, set some firm deadlines. If these are truly "non-issues" and "stalling", give them 5/10 days until closing. If they attempt to stall after that, then this deal is never going to happen.
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Old 03-08-2015, 06:31 PM
 
19,399 posts, read 12,047,694 times
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Quote:
Originally Posted by MrRational View Post
You can be sure that the title company knew that before.

The point being made is about WHY the buyers (NOT the title Co) are stalling...
not how they are going about it. Find out why.

You mentioned they are CASH buyers.
In the contract process did you get proof of that cash being available?
Was it tied up somewhere and contingent on some other transaction closing?
I don't have proof. My broker told me she had verified they have the money.

Broker and my attorney say buyers are ready, but title co is holding it up. I just don't know. If something else is going on no one is telling me. They all want me to agree to a close closing date before these issues are satisfied and I will not, so it makes it look like I am the one putting it off. I say I'll schedule for two days after the title co is confirmed finished. Buyers are ready yesterday supposedly. I think buyer's attorney should get this under control if they really are ready. Last thing I want is to be a deer in the headlights at the closing table.
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Old 03-08-2015, 06:38 PM
 
10,181 posts, read 10,209,878 times
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Have your lawyer send a "time of the essence" letter.
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Old 03-09-2015, 04:10 AM
 
8,540 posts, read 12,289,648 times
Reputation: 16442
Quote:
Originally Posted by tamajane View Post
Broker and my attorney say buyers are ready, but title co is holding it up. I just don't know. If something else is going on no one is telling me. They all want me to agree to a close closing date before these issues are satisfied and I will not, so it makes it look like I am the one putting it off. I say I'll schedule for two days after the title co is confirmed finished. Buyers are ready yesterday supposedly. I think buyer's attorney should get this under control if they really are ready. Last thing I want is to be a deer in the headlights at the closing table.
I thought you said that they were "non issues". As long as they can give you a closing statement to review, you should be good to go. Since you're the Seller, your primary concern is about getting a check for the proper amount. It's typically a Buyer who has more to worry about at closing.
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Old 03-09-2015, 06:38 AM
 
19,399 posts, read 12,047,694 times
Reputation: 26119
Quote:
Originally Posted by jackmichigan View Post
I thought you said that they were "non issues". As long as they can give you a closing statement to review, you should be good to go. Since you're the Seller, your primary concern is about getting a check for the proper amount. It's typically a Buyer who has more to worry about at closing.
I agree, it's confusing. These requests or problems according to the title co start out as necessary and end up not being needed after days of stress and phone calls and attorney's costs. Yet I'm supposed to commit to a closing in a day or two with no settlement statement and another little "thing" that they have found to say they need and will take time to get. It doesn't even make sense. I think my attorney knows they are bs and just wants to push through it, but I will not go in blind. And they will not give that me that settlement statement. My big concern is that my costs are increasing through no fault of my own and for no real reason, and nothing is being done to stop this. My attorney is not going to cry because the biggest expense from all this is his fee. I think the buyer should absorb some of this.
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Old 03-09-2015, 06:17 PM
 
649 posts, read 810,115 times
Reputation: 1239
The title company is freaking out because your chain of title is screwy and their attorney is telling them that they need to track down x,y and z before they can insure your title to their satisfaction. It is irrelevant ,often, what YOUR local attorney may say since title companies often operate nationally and while your title got cleared in a certain manner with certain documents in a way that may be technically complete and legal in your state it may be to a lesser standard than they would insure it over in another state, so they would like clean title to the higher standard.

If this is a cash deal they are doing this to provide an Owners Title Policy to the new owner, and your title issues are screwy enough that they think they will get sued so they want more more more documentation. If these things are coming up now they would have come up with any transfer involving a title company, and if it is so screwy that they feel they are at risk there is a reason.

As to the "why this late in the game" its because no one at the title company with attorneys eyes looked at the file until it was ready to close. I have seen and delayed closings for all kinds of title shenanigans- estranged spouses whos dower names were forged, midnight filed liens outside of bankruptcy, nonpended pended sheriffs sales, supposedly divorced deceased spouses with no divorce decree and therefore estate claims, all kinds of things that take a type of insight and investigation beyond "Jane owns her house and Jane has one open mortgage." No matter what an owner's attorney may scream at me I am not satisfied until I can say that the documentation I have can cover my company's financial risk.
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Old 03-10-2015, 06:57 AM
 
8,005 posts, read 7,135,701 times
Reputation: 18165
The grinning amphibian got it. No amount of pressure from either party will force a title company to issue a policy until their conditions are satisfied. Take a breath and relax. Closings are almost always stressful at some point. Have your attorney stand down and turn off his meter until the settlement statement arrives.
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