Last last week several large financial institutions put on delay on up coming foreclosure actions, the details for reason can be viewed here in an article from the Washington Post. The article states “To be certain affidavits have followed the correct procedures, Bank of America will delay the process in order to amend all affidavits in foreclosure cases that have not yet gone to judgment,” spokesman Dan Frahm said in a statement. However I found out first hand this is affecting MORE then just foreclosures that have not yet gone to judgement.
3 weeks ago a client of mine drafted an offer to Fannie ”JP Morgan Chase” a bank that also put on this hold, and had it acceptedwith a closing date of next Thursday October 14th. The filing of foreclosure on the property took place in March of 2010 and was filed at the Hamilton County auditors office around the 20th of that same month. The foreclosure had already gone to judgement, then on Tuesday I receive an email from the sellers Fannie May via JP Moran Chase’s representatives that the close was on hold and needed to be extended until March 2011! My client, who was financing the purchase had locked in to an amazing interest rates and was beside themselves at what to do. The seller offered a full refund of the 5% down fee that collected on the contract agreement day and was in full understanding if the buyer wanted to walk away.
At this point I started to get down to business, not to focus on the problem but to uncover the solution!! I started by calling the County to make certain the title had been file, and recorded property and it was. I then called the title company assigned by the seller Fannie Mae via JP Morgan Chase. The closing coordinator assigned to our case was at a complete gasp, she had also be notified a the hold late in the day on Monday. She explain 45 pending closing on her desk had been put on hold, I respond ”shew only 45 that sounds like a lot”, she then said “NO not only 45, 4500!” I couldn’t believe it, the title company is exclusive to cases in Ohio for Fannie Mae and all there foreclosed upon PENDING sale contract cases had been put on hold. My next call was to the listing agent, a well-known REO agent in our area who specializes in this type of transaction. He himself is difficult to get a hold of and not 10 mins after I left a message he called me direct, in a frantic vibration. He described to me the issue, all his business was on HOLD, he explain I can’t close a thing, he said “most will close within 60 days that are already pending, but some it will be upwards of 6 months”. He told me this all came down between start of business Monday Oct 5th and mid day Oct 6th. Talk about losing your income for half a year.
I stayed positive and my final call went to my beloved title attorney here in Cincinnati. The man who has the right thing to say about any situation related to real estate. Like always when I call him, I explained my situation in detail, I explained what my research had uncovered. He described to me the directions he had been given about the situation “We were told it only affects future foreclosure, this is new to me”, keep in mind this is a real estate TITLE attorney who owns his own title agency. This news was fresh and still his, but what really caught me off guard what the advice he gave me to solve the problem “Kris, I apologize but you are helpless, there is no solution”.
And so we wait…..
