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If I move into the house I just bought, but there is a delay from the seller's side, can I move in before?

Closing date is 19th November 2012. I bought this house from an older couple that moved to a nursing home. The old man died and now the deed is not in his wife's name. Can I move in before all the paper work is complete? Do I have to pay? Am I getting any money back? by pouvee_420_531 from Arlington, Texas. Nov 15th 2012 Reply


William J Acres (William_Acres)
#1 ranked lender in Arizona - 8,683 contributions

If the selling agent is smart, they will not allow you to move in prior to the close of the sale.. If you don't get approved, then they would have to give you sufficient time to move out, then clean up and get the home ready again for sale.. This could take some time, and time is money.. rarely do I ever see this allowed, so I hope you're not counting on it... I'm a Broker here in Scottsdale AZ and I only lend in Arizona. If you or someone you know is looking for financing options, feel free to contact me or pass along my information. 480-287-5714 WilliamAcres.com

Nov 15th 2012
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Conan Henry (conan.henry12)
#106 ranked lender in Texas - 10 contributions

In some cases the buyer's Realtor can negotiate a short term lease on a piece of property. These leases allow the future home owner to move into the home before the sale is completed. The sellers are not always accepting of these leases but I have seen them work before. You will want to talk to your Realtor about this option.

Nov 15th 2012
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Frank Perea (frankventamtgtx)
#133 ranked lender in Texas - 2 contributions

Sometimes the seller is willing to allow you to move in and RENT before the close of the sale. This is not common practice and is risky on the seller's side.

Nov 15th 2012
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Brad Cahoone (info@globalhomefinance.com)
#90 ranked lender in Texas - 1,042 contributions

Pouvee, Good afternoon. That is awful news. You have not bought the house if your closing has not happended. You have only signed a purchase contract. Now that the husband has passed he will not be able to sign and cannot be removed from the warranty deed unless it was in a trust without this going thru a legal process since he cannot sign his ownership rights away. It will have to go through probate if it is contested or the wife if she is his only heir can do an heirship affidavit. The title will have to be cured before it can close. You can see about reducing the price with your agent or see about leasing a property back if they need more time to move after the estate is put in order and title decides the best way to clear the deceased from the current vesting.Brad Cahoone - 972-724-3222 x 227 - bcahoone@globalhomefinance.com

Nov 15th 2012
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Travis Torcoletti (travis.torcoletti)
#0 ranked lender in South Carolina - 372 contributions

If you have not closed yet then you haven't actually bought anything. Sometimes a short term lease can be arranged but if you are saying that the husband died and his wife's name wasn't on the deed then you are a few weeks away from a sale because the house will have to go through the legal process of transferring to the still living wife.

Nov 15th 2012
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Peter Botros (PeterBotros)
#70 ranked lender in New York - 895 contributions

You can move in and agree on a short term lease until the paperwork is finalized.

Nov 15th 2012
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Phil Dumouchel (PhilDu)
#32 ranked lender in South Carolina - 2,240 contributions

Almost everything is negotiable in real estate, within the scope of the law. This could be a real mess and probably is because his wife was not on the deed. Talk to your agent and the title company or a real estate attorney to know your options and the likely time needed to resolve the issues. If the owner died your contract is probably null if you want it to be because they won't be able to close as required in your purchase agreement. You should be able to get your earnest money back but anything you spent on a home inspection or appraisal is likely gone if you don't buy it. Also, if it takes months (or more) to resolve the title question (ownership) your appraisal might expire and need to be updated before you could close. Good luck working your way through this mess...

Nov 15th 2012
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Linda Wintersteen (Linda123)
#64 ranked lender in Arizona - 1,256 contributions

First , you will have to see if there is a will, living estate or a trust , that will dictate everything i am sort of a expert on probate, since i had one for my parents that was over 1/6 yrs. long linda

Nov 15th 2012
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Linda Wintersteen (Linda123)
#64 ranked lender in Arizona - 1,256 contributions

also, not to be the bearer of bad news, but you need to wait to see if they pledged their house for the nursing home.. it may not be available .

Nov 15th 2012
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