Monday, August 27, 2007

Stressful Setbacks

*Edited to add a comment at the end*
This morning when our mortgage broker pulled K (my husband)'s credit he noticed a discrepancy from the report he'd pulled last Friday -- 50 points had been taken off because of a supposed late payment in last month's mortgage!!! At first K thought that the payment hadn't been made because we refinanced our mortgage last month to lock in the interest rate since we were planning to rent the house. However, when he called the mortgage company (lender[s] from now on) he found out that everything was fine, the payment had been made (it's an automatic withdrawal from our bank account). Why in the world had that delinquency been reported then if the payment was made? The lenders had no idea and in the three calls that K made to them, they couldn't find any record of it in their computers. We're going to have to fax them the report so they can "believe" us since apparently they're arguing they have nothing to do with this. UNBELIEVABLE.

With this serious dip in the credit score* we cannot possibly close on 9/7 because the interest rate will be higher than the one we want and had previously qualified for. Can you believe that?

K is seriously thinking of taking the lenders to court if they don't agree to pay whatever costs we incur if we cannot close on the appointed date because of their mistake as well as the costs of correcting the credit score. We'll have to pay more to move because our belongings will have to go to storage instead of going straight to the new house, and where are we going to stay? There's a further complication because in the last two days we had decided that in order for me to finish the dissertation, Kelvin will have to go to school. Initially, we had planned that the boys and I would go to Massachusetts to my in-law's apartment (they will be in Brazil then) for the time we'd need in between houses, but now, if he's going to school how we can possibly do that? The prospects of living in a hotel for a while is extremely unappealing to me, not to mention the fact that I'm not so sure the bill will ever be footed by the lenders or what.

All this not to mention that if we don't close on the expected date the seller could decide not to sell the house to us anymore. We did explain to him that we might have to change the closing (we thought we might need only a few extra days, if any), but we're aware that if there's a radical change the sellers are under no obligation of doing business with us. And they'll have our deposit to keep.

I know deep down that everything will be OK, but the likelihood of us moving into our new house next week is very small. Credit bureaus are not easy to deal with and they don't correct one's score quickly, that's for sure.

We're so flabbergasted we don't even know what to do next. Would you guys suggest we find and attorney and have a consultation right away or do we wait to see how this progresses? Any advice would be appreciated. Oh, and there's even another smaller story about our town ("borough")'s building inspection of our house... but that will have to be told another time, if at all since I don't think I'll find the time to blog much in the next few days.

And I was such in a happy mood since Friday... thinking of all the happy things I could blog about! I'll come back for a quick post about K and his first day of work and changes in his life.

* My credit was certainly hit as well since I'm also a mortgagee, but I have no income right now and won't be in the mortgage, so it doesn't really matter...

Edited to add:
What if K's credit hadn't been pulled on Friday and only this week and this had already been there? We might not have even noticed it had happened so suddenly and that it was wrong. What about the broker? He wouldn't have believed us if we complained about the report and said that it was higher earlier (we have a friend who also pulled our credit last week since we were going to do the mortgage with him but gave up because of the rush needed). I can't even fathom what would have happened if the broker hadn't caught this. It's relief mixed with a feeling of sheer outrageousness...


Sandra said...

What rotten luck! You and your husband sound very organized and on top of all this financial stuff that makes my eyes glaze over. I can't imagine the frustration you must be feeling right now, and all because of someone else's mistake. I hope it works out for you with this house.

Rene said...

Wow. That's incredible. I'm so sorry you're having to go through all this hassle. I'm getting furious just thinking about it.

Prisca said...

Former attorney Prisca, here. If you can afford a lawyer right now it might be nice to have someone else do all the heavy negotiating on this one. You want to find someone who specialize in real estatae closings and has worked with your mortgage folks AND knows the ins and outs of the credit people. It might be worth it for peace of mind. Is your state one that requires attorneys to represent buyers and sellers at closings? Some states do and some don't.

I'm thinking of you and hoping for a positive resolution. I'm so glad you DID pull your credit score when you did. What a horrible experience for you all!

Lilian said...

Thanks for your supportive comments -- Prisca, PA does NOT require attorneys in real state business... I'm wondering how hard it would be to find a lawyer with the specifications you suggest. I don't even know where to begin to look.

M said...

That is rotten, Lilian. I'm thinking of you as you and K get this worked out.

Prisca said...

Yeah, that's a tricky one, Lilian. I'm a former NY'er and having a real estate attorney go over your stuff (or a paralegal) is absolutely necessary. Now I live in a state, like PA that doesn't require them, either.

If you find you need a real estate attorney call the local bar association and ask them for a reference. Throw yourself on their mercy and I'll bet they come up with someone helpful. :) Let them know you've got a problem and see what they suggest.

BUT, it sounds like you two are working things out appropriately in the meantime. Hang in there!!!