Profile picture for gumby1984

getting house keys after closing?realtor is dumb

my realtor cancelled my closing with one company and tryed to hire another attorny to do my closing. then after i closed with mine. it took her a week to send the deed out to get recorded. now she wont give me the keys because its still not recorded because she's a idiot. who do i get ahold of to try and get the keys now? i sign the papers now they wont call back or help with anything.
  • January 07 2010 - Jacksonville
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Answers (15)

Your contract should clearly state when you take possession (get the keys). Settlement (closing) and possession are two different animals. Closing includes many things. You sign, you (and your lender pay), the seller signs, the settlement agent records the deed and then everybody is paid. The order within the settlement process can vary a little, but possession should be clearly stated within the purchase contract and/or addendums/amendments.
  • January 07 2010
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I'm sorry to LOL, but I train agents and hear silly comments like this all the time.  It actually goes to show a point that choosing the right agent is so extremely important.

Service link is the lender platform for Fidelity National Loan servicing and takes care of thousands of foreclosures for many different REO properties. Fidelity is on the NYSE.  It creates for what should be (without an interruption from parties not familiar with the process) a seamless process. This 3rd party vendor has done the title search, communicates on a daily basis with the owner (va in this situation) and is responsible for making she the property closes.

Service link is a title company and yes, in NC we don't often have a title company close a house because in the past we didn't have that many foreclosures but as we have a larger number it is becoming a very viable and in foreclosure situations a better option.  

It is sad in this changing time that agents make statements like I've been in real estate 20 years and never heard of them. It is each agents responsibility to stay educated and informed or not participate in a transaction.

Here is the link to Service Link:

 http://www.servicelinkfnf.com/

But really as I've said the Broker in Charge (office manager or owner of your buyers agent) is going to be the person who will be able to assist you the fastest because someone has the keys and if it has been recorded and funded they belong to you.  Worse case... If they have recorded and funded and you own the house just go have the lock that is on there removed... BUT make sure you actually fully own the house first.

 
  • January 07 2010
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Profile picture for The LaPeer Team
Servicelink is affiliated with Fidelity. I'm sure they have heard of them. Contact your agent's broker; you've given your agent enough time to help you and she has probably already cashed the check. You may have to actually go to the office to get some attention. If that doesn't work, I would suggest hiring an attorney or going to the state board like Sheri suggested. Sorry to hear you have to go through this. 
  • January 07 2010
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Profile picture for gumby1984
thats what i was tod..not by my agent becasue she doesnt answer. but servicelink the ones i closed with said it was funded already....now have anyone heard of service link? my realtor and her listing agent siad .."ive been doing this for 20 something years and never have i heard of this service link i think there a fraud or something"..
  • January 07 2010
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Sadly your Realtor is correct that the keys are not to be "technically" conveyed until recording but this sounds like "matter of principle" game to me. I am the broker owner of my company and would advise you to call your agents broker in charge.  They are legally responsible for assisting you in completing the transaction.  I imagine you would get a fairly pleasant and helpful reaction giving the broker in charge a call and asking them to assist or at least explain why you don't yet have keys and what is taking so long to record.  

Best wishes with your new home.
  • January 07 2010
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So your agent has been paid?!
  • January 07 2010
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it was a va forecloser, but my realtor didnt know who servicelink was so when they tryed to close with me, my realtor cancelled the appointment and tryed to set me up with her attorny to close when i found out i was pissed and still went with servicelink to close. but now the realtor had the deed and my realtor went and got it then it took her a week to send it to servicelink to get recorded. the funds have been transfered. and my realtor still wont give me the keys till its recorded.
  • January 07 2010
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Probably your attorney can help you out.
  • January 07 2010
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Thanks for the info. We have the same situation here in TX w/foreclosures. However, the longest anyone that I know of has had to wait has been about a week and that was an exception. They usually take 48 - 72 hours after closing, and I let my clients know that as well.

gumby - was yours a foreclosure?
  • January 07 2010
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Keys are actually to be conveyed upon the recording but recording is supposed to happen as soon thereafter of funding as possible. Like hours or the next morning if it was too late to get to courthouse. A week is TOTALLY unacceptable.  If the deed is to be recorded a little later typically there is an arrangement made to convey keys as long as insurance is in place.  This situation sounds a little odd for what typically happens in NC.

A small caveat to that is we have had several foreclosure sales where the closing (aka; sat down and signed) happened but the seller (bank or asset manager) didn't sign off on it for several days so it is impossible to record. In those situations it's important for the buyer to understand why that is happening and when it will be resolved.  Just because their loan is there and ready to sign doesn't mean the seller has the ability to release it to them.  We have all the listings in NC for TBW who is in bankruptcy and even when they sign off the bankruptcy trustee also has to sign but we let all our buyers know they don't own the house until and if TBW gets authorization to sign.

Maybe more info than you wanted to hear but hopefully it helps the original poster.
  • January 07 2010
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Thanks Sheri. Question... if the loan has funded, what do the NC laws say about that? Just curious.
  • January 07 2010
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Here in NC the attorney who did the closing is the one that records the deed and transfers ownership.  If that has occurred you own the home and have a right to the keys.  If your agent is not cooperating you should call their Broker in Charge (boss) and ask for assistance.  There is no reason you shouldn't have the keys if you signed your paperwork.  Google the NC Real Estate Commission and contact them if contacting the Broker in Charge doesn't work.  Their phone number is 919-875-3700 and the legal department can assist you.
  • January 07 2010
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Loans usually fund within 24 hours if not immediately. Your state's laws may be different, but as soon as it funds here in TX, it now belongs to the buyer. You are paying the insurance, interest, taxes, etc from that point forward. There have been a few times when the title company did not record the deed, but the house was still the buyers' and the problem wasn't discovered/corrected until that buyer/owner went to sell the house. 

Call your loan officer. He/she can tell you if it funded. Forget the agent when it comes to this if she isn't cooperating. And the loan officer may be able to tell what to do regarding the keys if the house belongs to you. I'd be surprised if it had not funded and it is over a week.

Also, your state should have a state licensing board that will help you find the broker of record for your agent. They may even have lawyers who can further assist you. If all else fails, contact an attorney.

  • January 07 2010
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im trying to get the brokers number but she wouldnt answer my calls then she finally told me to ask the listing agent for those numbers but the listing agent is as bad as the realtor. Could the bank tell me if it was funded. and can it get funded before the deed is recorded?
  • January 07 2010
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Has the house funded? If so, you should have the keys. Have you called her broker?
  • January 07 2010
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