A Chain Of Contingencies

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I was speaking with one of my colleague’s and he was frustrated. He had taken a loan application on the 30th of April and had docs to escrow on the 15th of May for signing and funding on the 16th . It was business as usual with the typical dynamics in play such as the borrower wiring funds, moving trucks ready to unload and the sellers expectations met. You can imagine his consternation when the buyer of his clients’ home in Spokane had a glitch at closing. The funds to close his local transaction were coming from the sale of the Spokane home. Uh oh!

Ever diligent, he was immediately in touch with the Spokane selling agent and then the mortgage loan officer in charge of the buyer’s financing in Spokane. The good news was it truly was a glitch and the Spokane loan closed a few business days later and in turn, my colleague’s transaction funded. As you can imagine, it was not without furrowed brows and stress on this side of the mountains. But what if there is a real problem that could have been foreseen?

This situation is not rare and it raises the question, how far do you go as the listing agent to represent your seller’s interest when you have an otherwise good (or only) offer contingent on the buyer’s home selling? And what if that contingency was one of two or three? When I spoke with one agent, she was adamant she would quiz the listing and selling agents as well as the loan officer on each of the other contingencies until she was satisfied all of the transactions would close. Other agents were less strident about how to manage the situation, and understandably so. My question is this, as a listing agent or an agent representing a buyer in a contingency chain; would it not be better for the licensed loan originator to manage due diligence for you? They are the lending professional and know the right questions to ask without triggering a situation where the other borrower’s financial privacy could be compromised. And they can give you the assurance you need by backing up what they learned with credit approvals and relevant information about the other transactions.

By all means you should expect the mortgage banker on each link of these contingencies to be cooperative and as transparent as is legally allowed. For the lender, a chain of contingencies can present a challenge with verifying funds to close, qualifying their borrower and the actual credit approval. Real mortgage pros will talk to each other, share information appropriately and will be responsible for their part in this chain. Whether you do it yourself as an agent or rely on your chosen mortgage professional, it is a due diligence component that should always be followed.

I would love to learn what you think about this. Click on the link above this post to leave your comments.

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