Tuesday, June 20, 2006

What can go in a purchase contract and what cannot?

A lender friend, Jeremiah Arn from First Place Bank, sent this:

What’s up with Realtors who want to put a $1,000 seller credit on the HUD for (something ridiculous)!?! I have a deal right now and (an) agent is ready to lose the deal rather than give up . . . (the ridiculous thing). Do they think we give loans for (something ridiculous), or painting, or appliances, or cars, or trailers, or….? I can understand wanting to have that in a contract because transactions outside closing or under the table aren’t enforcable. But if you want market rates (by securing a Fannie Mae-salable loan) you have to play by the rules. . . .

It can be surprising to find the vast array of things that find their way to the purchase contract. If it's in writing, has signatures and deadlines and specifics, then itenforceableble. But lenders don't want financidecisionsons about home decor, landscaping, and credits for this and credits for that taking up space on the final HUD statement. They are concerned with details of the property transaction and the fees associated with the lender and title companies. The buyer and seller want a nice clean final statement too -- it benefits everyone.

I'll try to get some definitive statement from a title company representative on what can and what cannot appear on a final statement.

1 Comments:

Anonymous Anonymous said...

Thanks, Joe, for your understanding and for posting my comment.
You might be interested to hear that we closed this loan by executing a contract addendum removing the seller credit for(something ridiculous), then made a line item on the HUD for the seller to pay the vendor who was going to fix the problem.
The buyer had the problem fixed, and the seller was no worse for the change. The bank now has a salable loan because the buyer's equity position is intact - he didn't take out a mortgage loan for maintenance.
I thought this was a great win-win solution!
Jeremiah

12:11 PM  

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