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Selling Your Home - What Can Go Wrong With Title and Lenders
If you're selling your home, there are going to be difficulties at some point in the transaction. Some problems can't be fixed. It's important to figure out whether yours are fixable or not. Then you can either fix them or move on and find another buyer. If it's priced appropriately, there's a buyer out there for virtually every property. Title Problems You get a call from the person searching the title to your property saying your first cousin once removed is shown as having a ten percent interest in the property. I hope you (and not just your lender) have title insurance. If you don't, perhaps your cousin will sign a "quit claim deed" (or whatever similar term your jurisdiction uses) if her father was paid for his interest long ago, but nothing was recorded to that effect with the land records. If that doesn't work, perhaps your cousin will agree to join in the sale and receive ten percent of the proceeds. Failing that, you're probably looking at a court proceeding. The sale will fall apart, and you'll have to start all over again once the problem of legal ownership has been resolved. Bummer. Before you put a property on the market, make sure your title is clear. Lender Objections Lenders can really punch holes in a home sale. Let's look at a few examples. Example One The lender calls and says your garden shed is encroaching on your neighbor's property, while their fence is on yours. The lender won't fund the buyer's loan until everything is moved to where it belongs. Typically, the lender isn't going to back down. What are your options? If you get along with your neighbor and can do the work yourself (or can afford to have it done), the problem can be quickly cured. I once saw a very creative resolution to this problem. The shed was on a utility right-of-way. The seller got the county to write a letter to the lender saying that if a shed weren't on a poured foundation (it wasn't) and could be moved on notice, then it wasn't considered an encroachment until/unless such a notice was sent. Example Two The lender says your property will appraise for the amount needed for the loan so long as the following repairs are made. The list of repairs upsets you. Time to take a deep breath and think. How can you get them taken care of before settlement? Can you do them? Have them done? Would the buyer be willing to help out? Is this a deal to walk away from? Regardless of the answer, the key is to make a logical decision not an emotional one. Example Three The lender's appraiser comes in with an appraisal that is below your agreed sales price. The lender is willing to lend based on the appraisal, not the previously agreed price. There are several options for fixing this problem. 1. You can reduce your price to the appraisal price. 2. If the buyer wants your property enough and has enough money, he can pay a larger down payment and leave the purchase price the same. 3. The two of you can split the difference; you come down some, and he increases his down payment some. 4. Or, sadly, the deal can fall apart over this issue. The real key to successfully dealing with problems is to stay calm, open minded, flexible, bottom line oriented, and think win/win. Most of the problems that occur do have solutions. We just need to look for them persistently. Raynor James is with http://www.fsboamerica.org - providing homes for sale by owner, "FSBO", properties. Are you thinking, "Should I sell my home?" Visit http://www.fsboamerica.org/seller.cfm to sell your home sale for free for one month.
MORE RESOURCES: A Potential Mamdani Mayorship Strikes Fear in the Real Estate Industry The New York Times There’s one elite group propping up the Manhattan real estate market right now — everyone else is sitting on their hands New York Post Triangle homes sitting on the market longer, why a real estate agent says it’s about perspective WRAL.com Wellness Real Estate Set to Top $1 Trillion | Florida Realtors 4 real estate investors shared with us an overlooked advantage to buying property - Business Insider Detroit sues blockchain real estate firm that owns rentals with hundreds of violations Detroit Free Press Detroit sues cryptocurrency-based real estate firm to correct hundreds of property violations The Detroit News Senate Passes Tax Bill With Major Wins for Real Estate National Association of REALTORS® Shlichus Isn’t Real Estate Anash.org Detroit Evening Report: Detroit suing blockchain-based real estate firm for neglecting hundreds of properties WDET 101.9 FM Inked: Long Island commercial real estate deals roundup Long Island Business News Opinion: Anticipated tax changes impacting real estate industry Springfield Business Journal LOCAL REAL ESTATE TODAY 7.3.25 KQEN News Radio George Pierson, Realtor, Home 1st Real Estate JTV Jackson CEO Roundtable: Residential Real Estate Springfield Business Journal Real estate market still good for sellers Addison Independent Would lower interest rates help NH’s real estate market? NH Business Review ‘Unfiltered’: Social media that pays — and the channels to skip Real Estate News by RealEstateNews.com 'Keep it moving': HGTV cancels TV show hosted by Georgia couple after 4 seasons Savannah Morning News Real estate secondaries has plenty of room to grow, but pricing can be a challenge Secondaries Investor Dawson County weekly real estate transactions, July 3 Central Nebraska Today Real estate firm acquires Cecil residential properties for $14.6M Maryland Daily Record Real Estate Transactions: July 4, 2025 Greenfield Recorder Chicago Teachers seeking MWDBE private real estate managers Pensions & Investments REAL ESTATE | Harley-Davidson in West Bend, WI sold Washington County Insider Three reasons why there’s value in owning real estate as part of your collision business Repairer Driven News 7 Morning Digest: Detroit sues crypto real estate company, community ice cream truck & more WXYZ Channel 7 Compass ‘has not and will not adhere’ to Clear Cooperation Real Estate News by RealEstateNews.com News of public record: Muskingum County real estate transfers Zanesville Times Recorder Real Estate Minute – 07-03-2025 Texomashomepage.com Texas Teachers assigns $950 million to real estate, private equity Pensions & Investments Zillow ban lawsuit shakes real estate: What sellers need to know Fingerlakes1.com Texas Senate Bill 17 Restricts Foreign Ownership of Real Property in the State The National Law Review Real Estate Transfers: July 3, 2025 The Suffolk Times GPIF is shifting from the predictable to the tactical in real estate Private Equity Real Estate | PERE It turns out some real estate people like Zohran Mamdani The Real Deal Hyatt Announces Agreement to Sell Playa’s Owned Real Estate Portfolio to Tortuga for $2.0 Billion Hyatt Newsroom Is Your Money Safe in the Bank in 2025? Norada Real Estate Investments The dreaded Zillow ban is finally here. Here's what you can do Business Insider Homes for Sale in New York and Connecticut The New York Times More than 350 Quintana Roo real estate agents certified to provide buyers with verified ownership in real time Riviera Maya News Was operator of San Antonio apartment complexes running a Ponzi scheme? San Antonio Express-News Top residential real estate sales for June 16-20 in Sarasota, Siesta Key, Palmer Ranch, Osprey, Nokomis Your Observer Homes for Sale in Manhattan and the Bronx The New York Times Where Does Bruno Mars Live? Examining the Singer’s Real Estate Portfolio Architectural Digest ARTIS REAL ESTATE INVESTMENT TRUST ANNOUNCES TIMING OF RELEASE OF Q2-25 RESULTS AND CONFERENCE CALL Yahoo Zohran Mamdani’s Ideas on Commercial Real Estate Come Into Focus Commercial Observer ALTA Applauds Congress for Passing Tax Package Preserving Key Real Estate and Housing Provisions StreetInsider |
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