What happens when I miss my closing date?

Profile picture for SnowDesert
I'm planning to close a house in another state, but I've had bad experience with airline delays and all. My schedule is pretty tight and there's no other way around it to fly in earlier. Does anybody what will happen? My rate lock with the bank will be fine since it expires at the end of June, so I'll have plenty of time, but because this is a short sale, the Seller's bank's sale approval letter stipulated that they must receive their money by noon of closing day. So what happens if I miss this day? Will the contract become void? Can I ask my realtor agent to drawn an addendum in the event of no-fault of my own to delay closing? What happens to the daily interests from my earnest money, and the HOA prorated fees that have already been calculated by the title office? WIll I be penalized financially?

Thx

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May 29 2011 - Chandler
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Answers (10)

Profile picture for powerofattorneyform
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February 07
Profile picture for the_country_hick
Depending on how far away you live you might be able to drive there and eliminate this question. Many years ago I drove 850 miles in one day driving 60 mph. Yes, that was an all day probably 16 hours or more driving stopping only to get gas every 400 miles kind of day. With the now higher speed limit it would be further.

Do not forget that you have a legal contract with the airline. If they do not give you a flight (with exceptions for weather) you have legal redress.

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May 29 2011
Profile picture for SnowDesert
Thanks for your answers.. Yes, I know I can do this offsite, but I'm doing the final walkthru in the morning of the closing, and then spend with the wife and kids a few days there then on to the Grand Canyon and Vegas, the parks for our vacation. I coudl've flown in earlier, but my kids school last day of classes and finals is the day before closing, so my schedule is very tight. I had an experience with US airways delays in the past where I couldnt get another flight the same day and had to spend at the airport hotel of my city, Well, as they say, Murphy's law.
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May 29 2011
Profile picture for ConnieK_Oklahoma
that looks a little confusing as I re-read it. so....
options are
1.  overnight a check and notarized closing papers
2.  perform a courtesy closing at an alternate location where you are and do a wire transfer of the funds.

either way...neither involve you flying in for closing.
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May 29 2011
Profile picture for ConnieK_Oklahoma
can you not simply peform closing via overnight mail?  I've done this personally a few times and have had clients do it.  You can either overnight a check or sign at an alternate closing company or attorneys office and wire transfer the funds.  it keeps it simple.   you should know the exact amount due at closing a few days before and in worse case scenario you could over pay a few dollars and be refunded by the title company.
no need to delay.  no need to be physically present for closing.
no stress.
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May 29 2011
Profile picture for TucsonSpirit
Speak with your agent, a lot of things can happen.  Honestly, too many moving parts for me to guess at your likely outcome.  However, if you have a good reason (or excuse as some may call it) and you are that close, it would be to the seller's own benefit to grant you a few days.  I would need to read the states puchase contract as every state's is different Vs the 9 page Arizona Purchase Agreement.  If it is a bank owned (REO) be pre-pared to pay a fee daily until it closes.  Some sellers may insist on this as well, since it is costing them money.  Depends on the agents involved, seller, and how many days we are talking about you being late.  Best of luck.Spirit
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May 29 2011
I would review your contract and contact your agent since only the 2 of you know exactly what your obligated to do.  In general, on a short sale, the bank may charge you a per diem (i.e. $75 per day) for everyday you don't close.  When you don't close on time, you're in default and your earnest money could be retained by the seller.  Again, this all depends on what your contract states and no one on this public forum is going to have the intimate details of your transaction. 
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May 29 2011
There are many factors that come into play here.  All short sales are not handled the same either.

In many cases, a simple explanation as soon as you're aware is enough to get an extension request granted.

It also sounds like you may be confusing the closing day with your signing. The seller's bank won't get their funds until after all parties have signed and the docs have been sent back to your lender to approval the release of funds. The funding may or may not happen all in the same day.

Your contract, including the short sale approval letter may tell you if the contract will be void or if there are changes to fees.

The best thing to do is tell your "Buyer's Team" as I call it. Your realtor and lender must know about any changes that may effect your transaction. They cannot help you if they do not know.

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May 29 2011
Profile picture for Listingforless
You should be able to give 'power of attorney' for your signatures.  Your real estate attorney who is closing this deal with you can explain it to you.  I had the 'power of attorney' given to me before to sign on behalf of my client.  Congratulations on your new home!
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May 29 2011
Profile picture for Sharon Lewis
I am assuming you are dealing with a realtor who is more familiar with this situation than any of us could be, what does she say?
Or your attorney. How could you miss a flight, there are flights going in and out each day, and a closing is not a surprise, its done way in advance.
Perhaps your agent could sign on your behalf, ask your attorney.
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May 29 2011
 

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