From Offers to Clearance
If you thought finding the home was stressful then WHEW, CHILE…ya’ll want me to tell ya’ll what goes down during this period?
Title Clearance
The sole purpose of title is to know who owns the property and understand the real estate rights that affect the property. A LOT goes into title clearance but i’ll keep it very simple. I used to love reviewing title as a paralegal, so bare with me as I try to stick to the point. Anyway, title must be cleared to close on a house. There’s so many things that go on during title review. There can be a gap in the chain of title, seller/buyer may have some outstanding tickets/ liens/judgments that must be handled prior to closing (some can be settled at the closing table as long as they are all paid). From ordering title to receipt of title can take about 3-5 days, maybe sooner or maybe later depending on the history of the property. The title company will communicate directly with the bank and your attorney in letting you know what needs to be done in order to be able to be cleared for closing. This part of the journey always seems to be a shock. One thing Uncle Sam is going to do is get his money right when you thought he forgot about what you owed him, I’ll tell you that much!
Coop/Condo Clearance
Although coops aren’t real property*, they seem to be the MOST complicated type of residential property to invest in. In order to be able to close on a coop unit, you must receive board approval. The board and the lender may be cousins because I SWEAR they have the same expectations. Board approval can either take anywhere from a week to two months long. During COVID, some boards have altered the way they conduct their meetings and business to a remote setting. Therefore, they may have changed their reoccurring meetings to make executive decisions regarding purchases to once a month, twice a month, even bi-monthly. If this is your board for your coop I’m going to send a prayer up for you! The good thing is that most co-op owners have already worked with the co-op board and know what to expect, so the pressure is off of you and onto the co-op board. There’s not much you can do since it’s out of your control.
Condos are quite simple. Just make sure you gather yourself a deed from the current seller (should be done with title as well) and have all the condo docs: Offering plan, Declaration, By-laws, Rules & Regulations, Financial Statement, and Budget. I may be missing something but yea, you can grab this from the condo association and/or the seller or their attorney. Also, I know New York issues a right of first refusal in order for the Condo Association to approve the transaction. Once you have this, you’re all set to move forward.
*Remember, with coops you actually just own the shares within he cooperative corporation. You don’t actually own the unit as a property in itself. It’s like renting but you get to sell the unit at the market rate once you decide to leave.
Bank Clearance
Listen, aren’t all things complicated when you’re dealing with money, ESPECIALLY, when it’s not your own?
Banks don’t come to play in this game. I don’t blame them, I barely let people borrow $5 for the day yet alone 6-9 figures for 30 years! They ask for 5 documents and you provide that, then they’ll ask for 20 more, in addition they may want to know your employment history, how long you’ve had funds in the bank, the reason for any reoccurring transactions, and they tell you don’t spend a penny until this is all over. In short, it’s a WAY different process than what most of us are used to coming from being a rental tenant. I always tell my clients to just be patient. Although it’s easier said than done, all you have to do is give the bank what’s required and wait for them. They have a lot to do on their part from gathering docs, coordinating the appraisal and sometimes the inspection, sending everything to their underwriters who review the file with a fine-tooth comb, employment checks, background checks, and more. Statistically, 87% of homebuyers obtain a mortgage to close on their home. So the good thing about this is you’re not alone. Mostly everyone (outside of the buyer) in the transaction knows what to expect if there’s financing. Most important thing is to make sure you have whatever the bank needs. Remember, the quicker you get it all to them the quicker they can get you to your closing.
Some hiccups can come up during this time. Sometimes the home doesn’t appraise at it’s listed price and now the bank has to adjust your loan amount (in which case you may have to come out of pocket for the difference). The home may not do well during inspection, in this case you have the option to either negotiate the price or walk away without penalty. Let’s hope this isn’t the issue. Honestly, if the inspection results are poor, you may not want to live there unless you’re ready to spend major bucks on improvement and maintenance. Be careful of homes that are being sold “as is”. The bank may have found a red flag with your finances or employment. Some red flags can be additional income that you have not claimed, losing/quitting your job, debt to income ratio has changed significantly since your pre-approval (again, don’t make big purchases), etc. These are what we simply call challenges. Some of these challenges may make or break you, but these are all the growing pains of big time investments like being a homeowner.
Once the bank has completed everything on their side, they will issue a “clear to close”. Once you have the “ok” from the other parties involved (title company, coop board/condo association) then you can jump for joy and start coordinating a date for your closing day!