This is the sixth installment in Luneray‘s homebuying adventure. In the first part, she looked at houses. She made an offer in part two. Next, she meditated on coming face-to-face with a lifetime of debt. She worried that things were going a little too smoothly, but then last week she prepared to close. This week, things turn ugly. (Bold emphasis added by J.D.)
Today is one of those days that Oscar and I will look back and laugh about. Eventually. I hope. But not now. Right now I am sulking. This is an improvement. A few hours ago I was seething.
Tomorrow [Sept. 28] is the closing date, which means we had to sign our papers today (or, at the very latest, tomorrow morning). Ideally (I gather), the paperwork is signed at least 24 hours in advance of closing, and we should have signed our paperwork this morning. No go. Yesterday I had three frantic calls from the escrow officer. Today she called me every two hours, nearly hysterical that the documents hadn’t been sent to her. She wanted us to sign first thing this morning, which turned into just before lunch, which turned into 3pm.
Meanwhile, at 12:05 I received a call from the Insurance Agency: “I have your mortgage broker on the line and we just need to verify that you are going to use this Agency for your Homeowner’s insurance.” I had called the insurance agency THREE WEEKS AGO! It’s 12:05 on the day we are supposed to sign our papers — why are there still so many loose ends?
At 2pm, I got The Call.
Escrow officer: “Be here by three. If you can be here by 2:45, that’s even better because then we can make the 4:15 FedEx courier service! Oh, and I haven’t received the Good Faith Estimate so I don’t know how much you will have to bring to escrow.”
Me: “I don’t believe we will owe anything. According to our Good Faith Estimate, we should get several hundred dollars back.”
So we drove to the escrow company. As we turned off the freeway, my cell phone rang.
Escrow officer: “I just got the Good Faith Estimate. You will need to bring a cashier’s check for $213.02 made out to us.”
Me: “Um, that’s kind of a surprise. We’ve just turned off the freeway. Do you know the nearest Bank of America to your office?”
Escrow officer: “No, hold on and I will ask. [shouts through office] Anyone know where the nearest BofA branch is? No, I don’t know!! They’ve just turned of the freeway. They are almost here!!”
We found a BofA and went inside to get the cashier’s check. We were at the head of the line when my cell phone rang again.
Escrow officer: “We checked over the paperwork and realized there was an error. You need to bring a cashier’s check for only $11.84.”
Me (waving patrons to move ahead of me): “$11.84?”
Escrow officer: “Yes, $11.84, made out to the escrow company.”
This made me unhappy because we were in Bank of America, whose unofficial motto is: “We charge you for breathing.” I had cash, so I gave the teller $20. She told us that cashier’s checks are free to Gold Account holders. But for us, it would be $6. Oh, it hurt to pay $6 for a cashier’s check for $11.84. It really hurt. I knew they would charge us (“We charge you for breathing”), but I thought that was a bit excessive.
At 3pm we entered the escrow office. The escrow officer came out, greeted us, led us to her office, sat us down, looked at her computer monitor, and then completely freaked out. Remember, she had already called me several times today to express her concern that the documents hadn’t arrived in a timely manner. And she was really concerned about meeting the deadline. So there we were, one hour and fifteen minutes before the documents must go out the door, and she freaked out about another client: “Oh my god! I just got this information released from the wire! It was supposed to be done by 3:00! Give me five minutes!!”
I don’t know what the actual problem was, but it was obvious that she was Really Upset. She frantically called several parties to release some info, but it all ended up falling apart in the end. She went from Really Upset to Angry.
We sat there, biding our time. Finally, at about 3:20, she got to our paperwork.
Several friends had joked that we would need to limber up our wrists before we started signing papers in order to prevent a cramp. They were right. Doubly so. See, we actually have two mortgages. We didn’t have a 20% down payment so our “down payment” amount was financed as a second mortgage. We had two giant stacks of mortgage papers to sign.
First, we handed over the cashier’s check. The escrow officer said that she hated asking people to bring in cashier’s checks for such small amounts. I mentioned that the check cost us $6 and that I wished we could have just paid cash. “Oh, you could have paid cash! I should have told you!”
The first stack of papers went okay. I made a mistake on one piece of paper by forgetting to include my middle initial in my signature, so I had to correct that. (The IRS and Immigration department aren’t this anal!)
Then, at approximately 3:50, we started signing the paperwork for the second mortgage. Most of the paperwork was identical to the first set (lots and lots of disclosure statements!), so she didn’t have to go over all of them in the same detail. But when we got to the actual loan paperwork, my eyes focused on two words that made me nearly pop a vein in my head: BALLOON PAYMENT.
What. the. %*#&???
Me: “Excuse me. This isn’t the loan that we agreed to.”
I am an intelligent person. I’ve read several books about the home-buying process. I’m aware of that there are several different financing strategies. But Oscar and I are first-time homebuyers. Unfortunately, the mortgage broker must have assumed that I knew a lot more about mortgages than I actually do. Things apparently weren’t made crystal clear because I guess they figured I knew enough not to be a total n00b, but obviously not enough to ask proper questions. I had brought copies of all the paperwork for the loan and there was NOTHING about balloon payment.
The mortgage broker never mentioned that the second mortgage was a balloon loan. We never signed a Good Faith Estimate for the second mortgage. Never having gone through the mortgage process, I thought the GFE was for both (since the payment info for both was included on the same sheet). I knew that we would have two mortgages. I knew that they were different interest rates. But this took me completely by surprise because all the documentation we had for the second loan gave repayment info based on a 360-month repayment plan. That’s a 30-year mortgage — fairly standard.
What is a balloon loan? It is a 15-year loan with monthly payments based on a 30-year repayment plan. This is done to lower the monthly payments. But the kicker is that at the end of 15 years, the balance comes due as a single payment, which in our case would be about $33,000. The justification behind these is that most people don’t stay in one place for 15 years. Also, people can always refinance the loan.
Why didn’t I catch that it was a balloon loan? Because the mortgage broker didn’t give us a GFE for the second loan, where the term BALLOON payment is clearly noted. And all the repayment info is based on a 360-month repayment plan. Why amortize a loan for 30 years if it’s due in 15???
I am a half-empty person in terms of finance. There’s no guarantee that interest rates won’t rise into the double digits like they did in the late 1980s. There’s no guarantee that eventually refinancing this loan would make things better.
I was not pleased. Not pleased at all. I sat there for about five minutes debating what to do. Perhaps I’m excessively cautious, but I didn’t want to sign to anything that I knew I couldn’t meet. I seriously considered walking out. The terms of the loan were not made clear to us. Two things I wanted to avoid were “variable interest rate” and “balloon payment”.
The escrow officer called the mortgage broker, who swore up and down that he had explained to me what this kind of loan was. I swore up and down that I didn’t know it was a 15-year loan, and that I was really upset. He said this is the first time in his 21 years that a customer found out loan details during loan closing. I told him the repayment strategy was not explained to me. Both he and the escrow officer explained that these were pretty common terms, that they didn’t know any lender that would finance a second mortgage with 30-year terms. The escrow officer tried to make us feel better by saying that her own home loan is interest-only, that this was the only option she could afford. (Okay, but interest only is another thing I wanted to avoid.)
Perhaps this was the best way to go, perhaps it was the only option that was available to us — BUT WE WEREN’T MADE AWARE OF IT BEFOREHAND!!!
I asked Oscar what he thought. He is a half-full person — he felt it was worth it. I sat and stewed for several minutes. Could we do it? I’d already set up an elaborate plan for paying off our debts using the snowball method, so I knew we could put a few hundred dollars more into the payments each month. I knew we could pay off the mortgage in 15 years. But I didn’t like having to be locked into it.
What to do, what to do. Are the gains worth the risks? Could we live with this? Could we do this?
We signed. It was 4:10, and I was signing the paperwork so quickly that my signature was an illegible scrawl. There could have been a murder confession in the fine print and I wouldn’t have seen it.
We made deadline. But I am not happy. I also thought we would get the house keys after we signed the papers, but we didn’t. That would have made things a bit better. After signing the paperwork, I expected to feel elated, anxious, even worried. But all I am is angry.
What happens next? How does Luneray feel after actually getting the keys? Tune in next week to find out! Thanks to Luneray for sharing her home-buying adventure with GRS readers. Please keep comments constructive.
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I’ve enjoyed this series a lot but I have to say, with all due respect, who the hell is running your escrow? they sound disorganized and crazed and nutty. I’ve gone through the insane process of buying a house twice and I’ve been lucky enough to have terrific escrow companies both times: oragnized, on time, no screwups in the paperwork, getting me what I needed early on in the process, etc. maybe I got really lucky two times, but in reading your (nightmare) above, I have a hard time believeing that you there wasn’t a better escrow person out there to handle your transaction for you.
but you’re done. so really, congratulations are in order
seriously! that’s a big step and you made it. whoo hoo.
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Thanks for sharing. A double treat for us – both informative and entertaining! Unfortunately, at Lunearay & Oscar’s expense
This brings new meaning to the term “buyer beware”.
I think there may be some commercial value in this story (could John Hargrave have staged something like this any better himself?). At least enough to pay for the extra hair coloring costs incurred by early onset gray. And possibly make a dent in therapy sessions to treat the customerservlessitis.
Looking forward to next week’s story …
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When we were buying our current house, we had a similar nightmare scenario.
We hadn’t been looking for a house. In fact, Kris had been adamant that we were not moving any time soon. But when our dream house fell into our laps, and our offer was accepted, we were faced with the challenge of getting our existing home ready for sale (and to close on it) in just a few weeks. We managed to do this with a couple days to spare.
After closing, we received a check for $20,000. But our bank had already closed for the night. Kris and I signed the check and deposited it into her checking account via ATM. We checked online the next day and it said it had gone through. We needed the money to write another big check very soon. (It may not have actually been for closing on the new house — it may have been to pay contractors.)
A few days later, we received a letter saying the check hadn’t cleared and was going to be sent back to us. Why? Because the check was to both of us and the account was in her name only. When Kris called to complain (and freak out), she explained that we had done this sort of deposit before (tax refunds) with no problem. She received several lame excuses, including: the amount of check was so big it flagged some alert, federal (tax refund) checks are guaranteed, escrow checks not, etc etc. They assured her that the check was arriving by certified mail in a day or two so we could re-deposit it at our bank.
Of course, we’re not home during the day, so we received a card saying that certified mail (which needs a signature) was waiting for us at the post office. We went to post office that day. They could not find envelope. They thought it may be still on truck. Now we were completely freaking out. We went back the next day and they actually had it. We went directly to bank to deposit it. The teller said that it should have cleared, no problem, people do that all the time.
Kris says: “I don’t think anyone at the bank actually knows their own rules.”
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Wow. What a story. My wife and I close on our first home tomorrow morning and hope it is much easier than what happened to you.
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It should be much easier than that. My wife and I closed on our first home a few months ago and we had a wonderful experience. Our agent was also a real estate attorney and sat with us through the process.
He met us at the settlement office and he was actually the only one in the room with us. He went over each sheet with us and explained what we were signing and where we needed to sign. He also checked through it and made sure it was all legit (he uses this company all the time and is familiar with their forms- as a real estate lawyer- he also is familiar with the language and what it should say– we also trusted him very much as he was the parent of a friend’s best friend. I know that’s a cousin’s uncle’s brother kind of thing- but hey- the connection doesn’t hurt).
Our agent gathered up the papers for us and made sure everything was all together and did all of the talking and finalizing with the settlement office and we were on our way.
Getting to the settlement office was also a breeze- I guess it really does all depend on your choice of agent and what they can do and what you let them do for you. We had a terrific experience!
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I am only 31, but have bought 3 primary residences and had 1 refinance. When I had done a piggy-back loan for the amount over 80%, it was a 15-yr balloon loan. Of course that wasn’t what I had wanted, but considering you have the freedom to pay extra towards principle in order to pay it off in 15yrs, I figured no big deal. On that loan it would have only been $50 extra a month to do it. When I refinanced my house through Countrywide, that was a nightmare, except, I didn’t know it was until 3 hours before closing. The paperwork wasn’t finished or sent to the title company until that day. I called to make sure the loan was setup the way I wanted. It was soo messed up, it was rediculous. Of course the person at Countrwide said they entered exactly the info they had. But the info they entered, was info I would not even have uttered to the sales person. Anyway, the processor at Countrywide treated me like crap and wouldn’t help me and tried to brush me off, 3 hours before close. Because I pressed her on it, she actually could fix the loan. Not suprisingly, when I got to the title company, it still wasn’t totally right. Talk about lack of caring on their part to get it right. I finally did get the loan corrected. You can never be proactive enough. Even that may not always work. Good customer service is the key.
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I’ve only been through one closing, but it was pretty darn painless except for having to re-fax some documents at one point. Everything was ready by closing. These companies sound pretty disorganized. It should not need to be that hard, esp. with the mortgage broker trying to make you feel stupid. How unprofessional.
And for the record, our title company was very anal about including or leaving out the middle initial so it matched the typed version as well. That was the hardest part of signing, it changed on every page!
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Why bank through BofA if they’re going to charge you for breathing?
I hate it when I have to pay bank fees. It’s such a pain. I had $50 in fees one month. Yuck.
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We bank through BOA and one of the reasons is the lack of fees. We don’t have any special accounts (early twenties, newlyweds- so it’s not like we have the rich people accounts), but they’ve always been real reasonable. I think the only fee that we have ever paid is the $10 overdraft protection fee for when overdraft protection is triggered out of our credit card (which is only for that purpose). We’ve only been hit with that fee once and I called up and got it waived. You just have to ask.
When we closed on our house we had to bring about 15k to closing. The reason that settlement companies want a cashier’s check is b/c a cashier’s check is guaranteed funds. It’s just like cash. You don’t have to wait for a cashier’s check to clear like you would a personal check. So- you could bring cash and it’s the same thing. When we went to get our cashiers check for our closing they tried to charge us a cashier’s check fee. I said, ok- in that case- I’d like the money in cash please. They didn’t want to have to take 15k in cash b/c it would leave them pretty dry for the rest of the week (especially on a thursday) so they waived the check fee. Like JD has said before- just ask- and you’ll be suprised at what you can get.
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I have several friends who are real estate investors- for the most part there are problems with documents, fees and closing in one way or another. (had one newbie walk away from a closing because he didn’t want to pay $3k- when he was going to turnt the house around the next week -seller lined up-and make $17K!) These people close on several houses a week- many of you will a few houses in your lifetime- why would customer service be important to them in regards to you?
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Ugh, nightmare. You should be happy, thrilled, excited! Congrats on your new home.
We had a really hard time buying the house we are in now. We were supposed to sign on a Monday and so we rushed *across the country* to get here on time. Meaning no stops for anything but eating, gas and sleeping. Then we get here and because of paperwork problems, we didn’t sign until Wednesday. Wednesday night at 8:30 because all day Wednesday was spent trying to figure out what the heck was going on.
The coup de grace being the atty’s asst telling my realtor she would have to come back the next day for her commission check. And the realtor slamming her hands on the table and saying “what, all the way back here”
Good customer service goes a long way, bad customer service gets talked about for years.
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I don’t think the balloon payment on the piggyback loan is a big deal — you have 15 years to pay the loan back, assuming you’re going to stay in this house for that long. You can either raise your monthly payment up to the amount that would pay it in 15 years, or you could make your piggback loan a stage in your “debt snowball” — after any credit card debt is gone, you can go after the piggyback loan. Or, if you really want to be aggressive, you can do both.
What I’m most concerned about is whether the piggback loan document contains any other surprises. I’m hoping that by now you’ve read the document and made sure everything else is kosher.
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I did notary/signing work for over 200 refinances and equity lines but only a handful of 1st loans. The errors in names and addresses were very common in my experience. I’d say only about 30% of the loan packages were correct. I had about a dozen customers who ended up with loan packages that they did not believe were what they had talked about with their broker.
Docs seem to show up late almost as a rule in the current crazy loan market. But then again, I was the “on-call” guy who would do signings anytime day or night within 75 miles…so maybe I got all the crazy jobs
I just closed on a new house that my family will be living with. At the outset I told the broker we didn’t want an escrow account. Took 3 months to find the place we wanted, and by that time she found another lender with a better rate, I didn’t get a new GFE ahead of time, and pow – escrow account. They want $1,500 to get us out of their escrow program, even though we put down 20% and have good credit, so I’m learning to live with it.
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