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Backing out before closing?

Author: Jessica Bennet
Community Mentor
Ask Jessica
Posted on: 25th Feb, 2008 10:27am
Taking out a mortgage is one of the biggest possible decisions of one’s life. There are various factors which you need to consider and even check out your affordability. However, what if an emergency arises just before the mortgage closing and you start thinking “can I back out of a home purchase before closing"? Let’s take a look as to what you may face:


Are you bound by contract before closing?


Well, unless you sign the closing documents, you’re not bound by any kind of contract. So, it is quite easy to call up your lender and let him know that you won’t go ahead with the deal.



    What are the main reasons for canceling the deal?


    Here are some of the reasons which normally lead to cancellation of mortgage deals before closing:


  • If anything changed on your approval with the lender, then you may cancel the mortgage deal.

  • If the seller has misled you regarding the property, then the deal can be canceled.

  • If you have a contingency for the inspection and the inspection was bad, then you may cancel the deal.

  • However, developing a cold feet or losing interest in home buying won’t be considered as reasons for canceling the deal.


    What can happen if you cancel the mortgage deal?



    Here are some consequences that you may face if you cancel the mortgage deal:


  • You may lose the earnest money deposit.

  • If you have engaged a legal counsel, then you may be billed for the work done.

  • If you were working with a realtor, then you may be billed for his/her services as well.



  • It should be noted here that when you accept the purchase contract, the seller loses the right to market the property or accept other purchase contracts. So, if you’re thinking “can I back out of a home purchase before closing", then you should also keep the consequences in mind.


    However, under the Truth-In-Lending Act, a borrower has the right (Right of Rescission) to withdraw from the deal within 3 days after closing.
Posted on: 25th Feb, 2008 10:27 am
Hello, I was wondering what a person has to do to back out of a loan before closing. We put earnest money down and signed papers, but do not clos until next month. I doubt we will back out but some things have come up and just wanted to know where I stood.
Thanks, Scott
Welcome Ramona,

Your query has been answered in the given page:
http://www.mortgagefit.com/inprocess/about55058.html

Please take a look at it. I hope it will help you.
Posted on: 27th Aug, 2012 12:48 am
Hello, because of an error from the mortgage company we did not get funding on the loan before end of the day on the closing date. The builder has decided to charge us 75.00 $ a day until closing and has also put the house back on the market but all of the closing papers have been signed. Is this legal?
Posted on: 16th Feb, 2013 06:08 pm
Hi kell,

If you have signed an agreement with the builder stating the same, then he will be able to take this step. You should contact the lender and ask him to complete the closing formalities ASAP so that you can take possession of the property.

Thanks
Posted on: 17th Feb, 2013 10:55 pm
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