Overdue closing on house

Get Legal Help Today

 Secured with SHA-256 Encryption

Overdue closing on house

I am the seller. All the papers have been signed but the escrow due to close last week has not been funded. FHA by Wells Fargo. Is the property technically still mine?Maryann

Asked on May 15, 2009 under Real Estate Law, California

Answers:

J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Of course this is a matter you should contact your attorney about. The attorney who handled the closing should be able to point you in the right direction as to who owns what.

As a matter of practice for myself a closing cannot be finalized until the funds have been transfered. Although paperwork may be signed the transfer of funds is what makes the closing final, without that the agreement will fail as it should be written in any contracts that the funding must be there before a closing can occur.

Although again I suggest you follow up with your attorney if the funds have not yet transferred you seem to still be the owner of the home but please ensure specifics with the closing attorney as well as your Realtor who can help answer your specific questions.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption