The Blase Mortgage Lender--How Much Longer Can we Put Up with This?

Recently, I was representing a young couple buyingt their first home with an FHA mortgage. The Purchase and Sale Agreement was signed in early March. The closing was set forth for late April. Plenty of time for the Lender. The written mortgage commitment issued in late March with standard conditons. My clients easily fulfilled them.

THREE days before the scheduled closing, the Lender informed my client that "they were backed up and all closing were being pushed back for FIVE days." The Seller had scheduled a day off for the orignal closing date to dothe final walk-through. My clients are looking a being homeless if there any any further delays. There were no suggestions of underwriting probelms. The Lender was "backed up" and that was all there was toit.

When you consider all of the things that all real estate professionalts need to do to have a successful closing, this "walk away" approach by the Lender is simply not acceptable. The SELLER in my case wants to be paid (at least a per diem for the delay). My clients are in jeopardy of not having a roof over their heads. Do you think there is any way that the Lender will "chip in"" on this? Personally, I do not.

As an undustry, we really need todevelop ways tomake the Lender more accountable for this type of behavior. I would suggest substantial fines for each time it happens, some of which could be paid to FNMA/FHLMC and some which can be paid tothe Borrowers. Maybe, the state Banking Commission should suspend licenses of Lenders who do this more than "X" times in a given period. I am a real estate attorney in Massachusetts, and in our state, the attorney conducts the closing, I am fed up with the insouciance of the Lender. We all suffer when closings donot take place, and allowing the Lenders to run "roughshod" over our industry is unacceptable.

I would appreciate your view and suggestions. In this time of reduced activity, every closing is important. Lenders must be hed accountable for not realizing how many people they hurt when they are "backed up". Hire some more people!!!Work longer hours!!! Stand up and be responsible!!!