Title Co. botching deal
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Title Co. botching deal (by NE [PA]) Mar 5, 2020 4:54 PM
       Title Co. botching deal (by razorback_tim [AR]) Mar 5, 2020 5:31 PM
       Title Co. botching deal (by razorback_tim [AR]) Mar 5, 2020 5:31 PM
       Title Co. botching deal (by Sisco [MO]) Mar 5, 2020 6:18 PM
       Title Co. botching deal (by fred [CA]) Mar 5, 2020 6:31 PM
       Title Co. botching deal (by NE [PA]) Mar 5, 2020 6:53 PM
       Title Co. botching deal (by Robert J [CA]) Mar 5, 2020 6:59 PM
       Title Co. botching deal (by Ken [NY]) Mar 5, 2020 7:04 PM
       Title Co. botching deal (by Ed [PA]) Mar 5, 2020 7:16 PM
       Title Co. botching deal (by FloridaNative [FL]) Mar 5, 2020 7:19 PM
       Title Co. botching deal (by Dave [MO]) Mar 5, 2020 7:25 PM
       Title Co. botching deal (by NE [PA]) Mar 5, 2020 7:54 PM
       Title Co. botching deal (by fred [CA]) Mar 5, 2020 8:41 PM
       Title Co. botching deal (by NE [PA]) Mar 5, 2020 8:48 PM
       Title Co. botching deal (by ned [AL]) Mar 5, 2020 9:44 PM
       Title Co. botching deal (by NE [PA]) Mar 5, 2020 9:54 PM
       Title Co. botching deal (by Dodge [PA]) Mar 6, 2020 6:02 AM
       Title Co. botching deal (by NE [PA]) Mar 6, 2020 7:10 AM
       Title Co. botching deal (by NE [PA]) Mar 6, 2020 7:18 AM
       Title Co. botching deal (by fred [CA]) Mar 6, 2020 8:23 AM
       Title Co. botching deal (by Ken [NY]) Mar 6, 2020 8:24 AM
       Title Co. botching deal (by NE [PA]) Mar 6, 2020 8:27 AM
       Title Co. botching deal (by Ken [NY]) Mar 6, 2020 9:00 AM
       Title Co. botching deal (by NE [PA]) Mar 6, 2020 9:13 AM
       Title Co. botching deal (by Bizman [GA]) Mar 6, 2020 9:36 AM
       Title Co. botching deal (by NE [PA]) Mar 6, 2020 9:43 AM
       Title Co. botching deal (by Frank [NJ]) Mar 6, 2020 9:47 AM
       Title Co. botching deal (by S i d [MO]) Mar 6, 2020 9:48 AM
       Title Co. botching deal (by laura [MD]) Mar 6, 2020 10:19 AM
       Title Co. botching deal (by laura [MD]) Mar 6, 2020 10:21 AM
       Title Co. botching deal (by CGB [MI]) Mar 6, 2020 12:03 PM
       Title Co. botching deal (by fred [CA]) Mar 6, 2020 12:56 PM
       Title Co. botching deal (by laura [MD]) Mar 6, 2020 1:27 PM
       Title Co. botching deal (by myob [GA]) Mar 6, 2020 3:47 PM
       Title Co. botching deal (by Ned [AL]) Mar 8, 2020 3:29 PM
       Title Co. botching deal (by NE [PA]) Mar 8, 2020 3:34 PM
       Title Co. botching deal (by NED [AL]) Mar 8, 2020 8:14 PM
       Title Co. botching deal (by Ray-N-Pa [PA]) Mar 8, 2020 10:56 PM


Title Co. botching deal (by NE [PA]) Posted on: Mar 5, 2020 4:54 PM
Message:

I have a screaming deal in the works with 3 owners who live in different areas. 2 out of state, in different states and 1 in PA..

This property stands to make me a tremendous amount of money not even changing the locks.

The assessed value is $180,000 and is higher than what the property is worth after rehab. I have them agreeing to $18,000 for the property.

The trouble is that the title company wants to alert them to the assessed value of the property because they will have to pay a state transfer tax of 1% on that value. Ok fine.

But, I need the title company to handle getting me the freaking sales agreement due to the owners being scattered across the US.

They are stalling out getting me the sales agreement due to wording this "disclosure" of sorts. I'm not sure if alerting the sellers to what the county has their property assessed at as part of the sales agreement is actual law/legal requirement or some sort of feel good moral obligation on part of the secretary at the title company.

I don't care if the seller's have sticker shock at the closing.

I want this thing under contract NOW! To the point that I'd fly to different states to collect these signatures if needed.

I've taken sales agreements in hand written on torn out pieces of spiral bound notebook paper before.

How can I take control of this without the seller's getting scared thinking their property is worth the super high county assessment value???

If they upset the buyers and the buyers refuse to sign the sales agreement, I wouldn't be against suing the title company for an equitable loss in this case if possible. --174.201.x.xxx




Title Co. botching deal (by razorback_tim [AR]) Posted on: Mar 5, 2020 5:31 PM
Message:

Is it customary for the title company to collect signatures? Here I would collect my own signatures before taking the contract to the title company. Collect them electronically if you can or even scanned/emailed/faxed, but get those signatures ASAP. Pay the taxes for the seller if you have to as well. --107.77.xxx.xx




Title Co. botching deal (by razorback_tim [AR]) Posted on: Mar 5, 2020 5:31 PM
Message:

Is it customary for the title company to collect signatures? Here I would collect my own signatures before taking the contract to the title company. Collect them electronically if you can or even scanned/emailed/faxed, but get those signatures ASAP. Pay the taxes for the seller if you have to as well. --107.77.xxx.xx




Title Co. botching deal (by Sisco [MO]) Posted on: Mar 5, 2020 6:18 PM
Message:

I echo what Tim said.

I have always produced the sales contract, had it signed and taken it to the Title Co. Use docusign to expedite the transaction.

--67.43.xxx.xxx




Title Co. botching deal (by fred [CA]) Posted on: Mar 5, 2020 6:31 PM
Message:

Let me sort it out.

1. You have a verbal agreement from the 3 owners to sell you a house for $18,000 while the assessed value of this house is $180,000?

2. In my part of the country, a title company is not in the picture until escrow is opened, and escrow can't be opened until you have a signed DEPOSIT RECEIPT" signed by the sellers and the buyers.

3. It sounds to me like the title co is detecting a fraud. There were similar cases where people (lawyers and real estate agents in particular) took advantage of elderly or mentally challenged who weren't aware of the value of their homes. Courts have ruled these deals void. --99.59.x.xxx




Title Co. botching deal (by NE [PA]) Posted on: Mar 5, 2020 6:53 PM
Message:

Fred, #3 is totally off the mark. Buying a property drastically under market from a seller of sound mind is perfectly fine. Even more so with 3 sellers involved.

That's how we survive.

This isn't a mentally handicapped or elderly person.

I will call the title company in the AM and tell them to halt everything and I will get digital signatures somehow.

I think this is more of a moral high ground because they don't "understand" how someone could possibly buy at such discounts. I think the new secretary doesn't care much for me either. Oh well.

--50.32.xxx.xxx




Title Co. botching deal (by Robert J [CA]) Posted on: Mar 5, 2020 6:59 PM
Message:

When I was buying a property from an estate, it consisted of 5 children that inherited the property. They were all over the country. I knew there would be issues, so "we" (the Title and Escrow Companies) did the following:

Hired a special Notary/messenger service who:

a) Over night mailed the documents to a "traveling" Notary Service in the local town.

b) Had the Notary schedule an appointment with the Estate Child to:

Review and explain teach document. Have it signed and notarized.

c) Send the documents back via over night mail directly to the title or escrow company.

Each Notary got $200. The overnight mail fee's each way were $25. So for $1,250 -- I got all documents signed and delivered within 3 or 4 days...

--47.156.xxx.xxx




Title Co. botching deal (by Ken [NY]) Posted on: Mar 5, 2020 7:04 PM
Message:

Who contacted the title company to begin with? Can you get a different title company?Once you get the signatures ask the title company if they charge extra to get it done fast,like ready to close next Friday fast. Definitely handle getting the signatures yourself if for nothing more than psychological value,untimately you need the signatures on the deed but for now that will help commit them to the deal.Assuming the sellers will not be at a sit down closing with you figure out how to send everyone a seperate deed to sign that can be filed as opposed to sending the deed to seller number one and waiting for them to send it to seller number two ect --104.229.xxx.xxx




Title Co. botching deal (by Ed [PA]) Posted on: Mar 5, 2020 7:16 PM
Message:

I've never heard of a title company involved prior to sales agreement being signed. Get the agreement in place before going to them.

If you had a realtor involved they would present a good faith estimate that would include an estimate of closing costs, maybe that is what the title company was doing?

You could explain to the title company that the assessed values are often wrong and the property transfer tax is based on actual sales price of an arms length transaction not the assessed value. --71.112.xxx.xxx




Title Co. botching deal (by FloridaNative [FL]) Posted on: Mar 5, 2020 7:19 PM
Message:

Prepare the standard P&S contract that you use and send it for electronic signing. There is no reason that you can't get is signed off in the matter of an hour or so unless your sellers aren't email savvy. Docusign makes it easy. No reason to have the title co handle the signing of a contract. If you don't have a P&S agreement, have your attorney handle it. They usually use the same form the Realtors use for a residential purchase. At least it's that way in my state. --99.56.xx.xx




Title Co. botching deal (by Dave [MO]) Posted on: Mar 5, 2020 7:25 PM
Message:

Since the property is a screaming deal, you could have the 1% added to the contract price of 18k. Now the seller has no cost of transfer fee. You can now been seen as the good guy.

Why is the title company doing the contract?

Do you have standard contract you can use when you get off market deals?

Agree with getting a different title company. --173.216.xxx.xx




Title Co. botching deal (by NE [PA]) Posted on: Mar 5, 2020 7:54 PM
Message:

The only reason I had the title company handling the sales agreement was because there are sellers located in different states and I wasn't sure how to approach it.

I will NEVER go to a title company or attorney with an verbal agreement on property again. If they had or may even have already informed the buyers of such a high county valuation of the property, the deal may be doomed.

Then NE will go tyrant mode. :)

I will email them now to stop everything regarding this sale until they hear from me. I will handle the sales agreement myself.

Ed, the Pa dept of Revenue who collects the transfer tax doesn't like the transfer tax taken on what the sales agreement says when its under a certain percentage of the assessed value.

If that were the case and these folks wanted 100k for the property and I was willing to pay that, I could pay them 82k cash and record a transaction of 18k. NOT HAPPENING!

I can (and have done in the past) appeal the transfer tax at closing by submitting an appraisal to the state with a transfer tax paid on the appraisal amount instead of the higher county assessment amount. The state doesn't like it and can push back on it, but I don't like them much either so we're good. HAHA.

However, it is LEGAL to appeal this and IT WORKS and sometimes the cost of the appraisal is justified, as in this case it would be.

--50.32.xxx.xxx




Title Co. botching deal (by fred [CA]) Posted on: Mar 5, 2020 8:41 PM
Message:

NE PA,

You should have an independent appraiser give you a property analysis.

180,000 is ten times bigger than 18,000 and that's most likely why this deal may not happen. --99.59.x.xxx




Title Co. botching deal (by NE [PA]) Posted on: Mar 5, 2020 8:48 PM
Message:

Fred, I will get an appraiser. The deal will happen if I can stay in control of it. I've bought with bigger disparities between purchase price and assessed value before.

--50.32.xxx.xxx




Title Co. botching deal (by ned [AL]) Posted on: Mar 5, 2020 9:44 PM
Message:

Impressed at disparities. What factors do you think led you the deal? --70.92.xx.xx




Title Co. botching deal (by NE [PA]) Posted on: Mar 5, 2020 9:54 PM
Message:

Ned, motivated sellers. --50.32.xxx.xxx




Title Co. botching deal (by Dodge [PA]) Posted on: Mar 6, 2020 6:02 AM
Message:

How can you justify ripping off ignorant people? --174.201.x.xxx




Title Co. botching deal (by NE [PA]) Posted on: Mar 6, 2020 7:10 AM
Message:

Dodge, I hope that's a joke.

It's not my job to educate sellers on the value of their properties. It's my job to work to become the best investor I can be.

Do you pay full retail for all your properties? If not and you buy below retail, at what point do YOU cross from a discount to a rip off??

I sent them a postcard and they CALLED ME.

I can't think of anything I've bought in my life where I said, "oh no, that's too cheap, let me pay you more."

Haha.

Like I said, I hope your post is a joke. --50.32.xxx.xxx




Title Co. botching deal (by NE [PA]) Posted on: Mar 6, 2020 7:18 AM
Message:

Also Dodge, they had no asking price in mind when they showed me the house. I offered 18, they countered at 24k. I said no. We agreed to 18k. The high tax assessment came into play way after the fact. Also, if a realtor were to list this property as-is, it would probably list for 65-75k.

Does that qualify now? I'm confused if rip offs are based on real market value or tax assessment value. --50.32.xxx.xxx




Title Co. botching deal (by fred [CA]) Posted on: Mar 6, 2020 8:23 AM
Message:

I have my doubts if this transaction will ever become reality.

You sent the owners a card, they replied, you offered them a low ball offer (much lower than what you admit could be the market price of 65-75K) and verbally agreed on a price, but now you can't get them to sign a DEPOSIT RECEIPT (SALES CONTRACT).

How will you get this verbal conversation enforced?

NE, I have been in real estate forever, and I've seen unbelievable "deals" in writing, stamped VOID after sellers signed, when the actual sales price was much much lower than MARKET VALUE, providing the house was standing and not destroyed by termites or a tornado..

Show me how you will get this thing done.

BTW, a judge will rule a "rip off" any deal written by an experienced RE person taking advantage of an innocent, dumb and uninformed owner. That's what the court will do, stand by the weak and the meek.

In no way am I saying that you are trying to steal a house from under the owners' feet, nor do I say that it's your responsibility to educate a seller. But I do say that certain deals can't fly. --99.59.x.xxx




Title Co. botching deal (by Ken [NY]) Posted on: Mar 6, 2020 8:24 AM
Message:

Dodge, NE is solving a problem.Everyones goal is not money,i buy houses from people regularly where they just want the problem to go away.Sometimes the problem is bad tenants,sometimes family but the guy who can solve the problem gets the deal --104.229.xxx.xxx




Title Co. botching deal (by NE [PA]) Posted on: Mar 6, 2020 8:27 AM
Message:

Fred, this isn't California. --50.32.xxx.xxx




Title Co. botching deal (by Ken [NY]) Posted on: Mar 6, 2020 9:00 AM
Message:

Fred,NE is very experienced,he will get this through.Shouldnt have any problem with a judge unless all 3 sellers have been declared incompetent.A written signed contract doesn't mean much if the sellers refuse to sign anyway so he needs to slam this through and get it done.They will be thanking him after the closing when they get there check. --104.229.xxx.xxx




Title Co. botching deal (by NE [PA]) Posted on: Mar 6, 2020 9:13 AM
Message:

Just to clarify, I have done many deals like this before without this particular problem, i.e. great differences between purchase price and actual market value and assessment value. Some with greater differences than even this one. (hint:as investor's we want these types of deals)

To say its a rip off or won't happen, I believe is a short sighted or narrow vision perspective. Like a "you cant do that here" ideology. I've done it with much success and will continue doing it.

The actual problem here is not the sales price vs county price. The problem is getting this thing SIGNED with scattered owners. The other problem is not allowing the title company to disclose this in a way that educates the buyers. That is UNNECESSARY in this deal. That's not their job, nor my concern if sellers lose their a$$. They are at a state in their lives with this house that creates a deal for me.

If you don't like that perspective, too bad, keep overpaying for your properties.

This is how I feed my family and I wish I could score MORE deals like this.

So now its a matter of getting this agreement signed without the title company over stepping their bounds and saying something stupid to the sellers prior to the signed agreement that messes it up for me. (see original post)

If the sellers were local, I would have it signed already and well on its way to closing.

Also, if I do lose this deal at this point, I will 100% say that it is a result of the title company's actions.

--50.32.xxx.xxx




Title Co. botching deal (by Bizman [GA]) Posted on: Mar 6, 2020 9:36 AM
Message:

Three sellers, in different states, we are to believe, are to liquidate their equitable holding for a fraction of what the deal would net them if they had it listed on the market? All 3 sellers are fine with settling for a substantial $ reduction just for expediency? I can believe 1 seller is naively unaware of what they may have to sell, but all 3 of em?

Something seems amiss. If you can pull it off it's the "Monte Hall - BIG DEAL OF THE DAY" --24.126.xxx.xxx




Title Co. botching deal (by NE [PA]) Posted on: Mar 6, 2020 9:43 AM
Message:

Bizman, it happens everyday. --50.32.xxx.xxx




Title Co. botching deal (by Frank [NJ]) Posted on: Mar 6, 2020 9:47 AM
Message:

I can see how this could go either way. It likely not something that you want to get before a court.

Do you have to let the title co. handle this or could you get an atty. to do it, even if it costs a few dollars more.

Let us know how it shakes out. Thanks --174.225.xxx.xx




Title Co. botching deal (by S i d [MO]) Posted on: Mar 6, 2020 9:48 AM
Message:

NE, you don't have to close at a title company. Any competent real estate attorney can do a title search and prepare all the closing docs that you need.

Hire an attorney and get it done. Might cost you a few extra bucks, but this deal warrants it! --107.216.xxx.xxx




Title Co. botching deal (by laura [MD]) Posted on: Mar 6, 2020 10:19 AM
Message:

I suspect the Title company notified the seller as a PYA move for the title company. Here part of "best practices' for realtors is to include the comps used to determine the selling price in the documents presented to the sellers and get their signatures on the comp documents. That way (as has happened) if the sellers come back latter and claim the property was sold for too low a price , you have documentation the sellers were informed when making the selling price decision.

I think the Title company has fiduciary responsibilities to everyone and presenting this information to the sellers is its way to shield the Title company from repercussions.

Get the signatures yourself and then go to the title company, so they do not have any liability in the selling price. --108.56.xxx.xx




Title Co. botching deal (by laura [MD]) Posted on: Mar 6, 2020 10:21 AM
Message:

Once the sellers have been informed of the assessed value, you have to create a good argument as to ; why the assessed value is wrong, why your offer solves their problem NOW. --108.56.xxx.xx




Title Co. botching deal (by CGB [MI]) Posted on: Mar 6, 2020 12:03 PM
Message:

In Michigan, I and the seller sign a purchase agreement detailing the most important points including price, closing costs, time of possession, etc before contacting and contracting with a title company. The contract is already signed. Why do you have the title company involved before the deal is signed and sealed? --50.77.xxx.xxx




Title Co. botching deal (by fred [CA]) Posted on: Mar 6, 2020 12:56 PM
Message:

CGB MI

NE didn't say why the title company got involved before he had a signed contract, but my guess, and I could be wrong here, is that he contacted the title company to help him locate the owners in 3 different states. --99.59.x.xxx




Title Co. botching deal (by laura [MD]) Posted on: Mar 6, 2020 1:27 PM
Message:

Yep, Title company did it because of fiduciary responsibilities to the seller....per article below Title company is combined agent for Buyer & Seller. If smoking deal , get Title company involved after the deal is under contract.

What Are the Duties & Roles of a Title Company?

Title companies play several key roles in common real estate transactions. Title companies generally act as the combined agent of the insurance company, the buyer, the seller, and any other parties related to a real estate transaction, such as mortgage lenders. The title company reviews title, issues insurance policies, facilitates closings, and files and records paperwork. --108.56.xxx.xx




Title Co. botching deal (by myob [GA]) Posted on: Mar 6, 2020 3:47 PM
Message:

NE investing 101-- keep your deals to yourself. Second have you thought maybe someone at the title company wants the property? 3rd non disclosure from the title people--- have your attorney call.

I lost a deal years ago-- when I blabbed what a good deal i was going to get-- one of my "buddies" told his workwith and they over bid me by 100.00. Oh should have said X buddy. --99.103.xxx.xxx




Title Co. botching deal (by Ned [AL]) Posted on: Mar 8, 2020 3:29 PM
Message:

Maybe getting what's deserved for trying to steal it? :) --70.92.xx.xx




Title Co. botching deal (by NE [PA]) Posted on: Mar 8, 2020 3:34 PM
Message:

Now we are " getting what we deserve" by potentially losing deals when buying too low?

Ned, I hope your joking too.

I would imagine you sensitive folks are getting eaten alive by the competition in your area. --50.32.xxx.xxx




Title Co. botching deal (by NED [AL]) Posted on: Mar 8, 2020 8:14 PM
Message:

Was joking. (see the :) )

As long as someone is not taking advantage of someone who is uneducated, elderly, or disabled.

(said differently...as long as both parties know exactly what they're doing... all's fair)

That is a big spread! --70.92.xx.xx




Title Co. botching deal (by Ray-N-Pa [PA]) Posted on: Mar 8, 2020 10:56 PM
Message:

If you sell below the assessed value, that only triggers a new reassessment review. Not that big of a deal --24.101.xxx.xx





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