My, my, my! I just returned from a whirlwind trip to Texarkana Texas, where my mother-in-law (Nell Miller) had her house under contract to close on Tuesday, April 25th. Since the possession of the property was to exchange at closing, my husband and I left April 19 to get Nell, as she will be living in one of our furnished rentals. We wanted to make sure we had enough time to get all of her things sorted, distributed, packed, sold, or donated.
After arriving in Texas, my brother-in-law showed up with a U-Haul, and loaded all of the furniture to take. After he left, we packed everything Nell wanted to keep, including a few chairs, loads of dishes, clothes, etc., and had a yard sale to get rid of the rest. We were finished by Saturday evening leaving us Sunday to visit relatives, Monday to load her personal belongings into our own U-Haul we were bringing back to GA, and Tuesday morning to close and head home.
Sound like a plan, right? It should have worked. We met with Nell's real estate agent after we got there. We asked to please have the closing scheduled for early in the day, and also asked about appliances that were to remain since there are not covered in the seller's disclosure (as they are in GA.) She said that the home was listed without appliances, so the washer/dryer, and refrigerator did not stay. After my brother-in-law left to take the washer/dryer to his daughter in San Antonio (five hours away), the listing agent called to say she was mistaken, those appliances were advertised with the house. Could he bring them back? NO!!! When I asked about the status of the HUD-1 (closing statement that's required to be available 24 hours before closing), I was told that the loan was in underwriting.
In Texas, title companies do the closing. Makes no sense to me, because from underwriting it goes to the attorney, then to the title company to close. In GA, the loan package goes to the attorney who does the closing. Tuesday, I called the title company to see if the loan package had been received. She told me it was STILL in underwriting, and that she didn't think there was anyway we would close that day. I called the agent and suggested an extension to the contract. After the buyer signed an extension through Friday, we signed and started to GA. To make a long story not quite so long, she STILL hasn't closed on that house. Supposedly, the buyer is signing his paperwork today, Friday the 28th, at 2:00pm. The paperwork will be overnighted to Nell who should receive it tomorrow. She will then have to get her signature notorized and sent back where technically, I guess it will close on Monday May 1st. WHAT?????
While this was going on, I had a buyer who was buying a condo on St. Simons scheduled to close on April 26th. His signed paperwork was in the attorney's office on Friday, April 21st. The sellers came into the attorney's office, signed their side, and it closed at 10:00 am April 26th. Of course, this buyer's agent followed up with the loan, made sure that everyone knew that it was a mail-away closing for the buyer, followed up with the attorney, and stayed on top of the transaction throughout the whole process. Our contract says "time is of the essence." That means the contract means what it says! I did have one closing once that was delayed by an out of town lender that I recommended my clients not use, but I have since refused to work with that lender.
Texas's contract also says "time is of the essence", but it must have a whole new meaning over there! Regardless, Nell is safely in GA, and getting aclimated to our way of life. We went to dinner last night and my two-year old granddaughter sat on one side, and "Grandma Nell" on the other. Both colored with crayons and had a great time! |