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These posts are the creation of Doran L. Barton (AKA Fozziliny Moo). To learn more about Doran, check out his website at fozzilinymoo.org.

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Home-buying travails and endurance

Posted: 12 November 2009 at 22:15:39

Anyone who's been through some sort of big deal in their life is familiar with the annoyance that comes from dozens of family, friends, and other people asking for the latest on whatever it is you're going through. I'm sure anyone who's been divorced, had a loved one in the hospital, going through divorce, had a family member or close friend be involved in a big court battle, etc. knows what I'm talking about.

Our family has been going through a frustrating situation, but I haven't really talked about it much, but those who do know about it have been calling me, e-mailing me, etc. to get frequent updates on the status, so I'm blogging about it so I can just say, "Go look at the blog."

For the last year or so, Christine and I have been thinking about buying a larger house. We bought our most recent house in 2003 when the housing market was experiencing a low period. The house was a HUD repossession and had been trashed -- or never taken care of -- by the previous owner. We recarpeted, repainted, and repaired damage throughout. Over the years we finished a couple of bedrooms and an office in the basement and put in a yard with a watering system.

That house has served us well, but Christine and I had been looking at some of the houses in the newer developments near our house and wondering if we should upgrade. In fact, we made an offer on a home last year which was accepted. After the offer was accepted, we got cold feet and withdrew the offer because we realized we just were not prepared to commit to short sale moving into a newer, larger house yet. We hadn't done anything to sell our house so we'd have to pay two house payments until our prior home was sold and who knew how long that would take.

After backing out of that, we finished our family room in the basement and made other minor improvements to the house. We still weren't complete sure we wanted to sell the house because the family room was a nice addition and gave us a lot more breathing room.

Come Summer, we started seeing a larger home as a wise investment decision. Many of the larger homes near us were being listed at steep discounts by owners that simply could not afford them anymore. We began looking around at what was available and walked through many homes. Christine saw a nice house that caught her eye listed, but when we talked to our agent about it, it had been pulled off the market. Our agent said it hadn't been sold so it might be relisted. Christine kept an eye out.

Finally, a couple of weeks later, Christine found the house again. It had been relisted a couple of days before. We talked to our agent, got a showing, and decided to make an offer on the house. Our offer was accepted. That was in August.

During the time we were looking at homes and making the offer on the nice house, we put our house up for sale. We had an offer in about three weeks and a closing scheduled for late September.

The closing for the house we were buying was scheduled for mid-October. Christine and I had a vacation scheduled at that time and had it moved to the 22nd of October. As the date approached, the messages we were getting from the selling agent was that they weren't ready to close.

A little background: As we dealt with the selling agent, the house really started sounding like a short sale because there was talk about them having to get banks to sign off on the sale. But, they never represented the sale as being a short sale. If it was, there would have been additional paperwork, specifically a short sale addendum, involved in the contract.

Well, as 22 October approached, the selling agent indicated they would not be able to close. He blamed it on the bank (or banks). We had arranged to rent our older home from the new owners for the month of October so that we would have a place to live until we closed on the new house. If we didn't close on the newer home, we'd have to make new living arrangements because we had to be out of our previous home by the end of October.

Nothing happened on 22 October. We gave them a few more days to surprise us with a closing and then proceeded to move everything into storage units. One of Christine's coworkers said his in-laws would let us live in their basement while we waited for things to come together. We were hoping it wouldn't come to that, but in the end it did.

We've been living in a basement, out of suitcases, since 31 October. We extended the closing until 13 November, but as of today, the selling agent has said they will not be able to close then.

The good news, if there is any, is that the selling agent said today they have written approval on at least one of the banks involved in the selling (apparently there's stuff between a first and second mortgage that has to be resolved).

So, we're extending one more time, to 25 November. The selling agent expressed confidence to our agent we'll be able to close before Thanksgiving.

Our theory is this: The sellers we're dealing with is a third party to a short sale. They're working directly with the bank to buy the house in a short sale at a price lower than what we're offering. As a result, when the sale is completed, they'll make a few thousand (or a few tens of thousands) in profit. So, technically, we're not involved in a short sale, but the people we're buying the house from are.

Should this be legal? Maybe, but I think they should be required to provide full disclosure. It's a little unethical to paint the sale as not being a short sale when in fact it is. Short sales are historically difficult because the banks involved generally take a long time to move.

We're very grateful to the Hancocks (the older couple whose basement we're living in) for their benevolence and hospitality. We'd be in a much worse mess if we didn't have their basement to call a temporary home.

We've been looking at other houses on the market, but nothing really compares to the house we're set to buy.

We've considering renting an apartment in the interim so that we're not taking too much advantage of the generosity of our hosts upstairs. If this looks like it will go beyond November, we may do exactly that.

In the meantime, we're crossing our fingers (once again) for a closing sometime before 25 November.