Fannie Mae deal is giving me an ulcer!
I hate dealing with Fannie Mae.
I have this FNMA property under contract to close on May 2. There is a separate thread on that HERE, but I think this is a different issue and I need some advice on how to move forward.
I am not using a buyer agent on this deal and have been dealing with the listing agent directly.
So finally two weeks ago, after a bunch of back and forth I got a verbal acceptance from them.
Just a quick comment - I never met the listing agent, she gave me lock box code to see the property myself.
I submitted an offer to them using our standard contract FAR/BAR AS IS form with the FNMA standard REO addendum. Everything was done correctly on my forms. For some reason the listing agent decided that they want to use their own system to create their own forms and send to me to sign instead. In the process turned a simple file from 2.5Mb to 11Mb. But Okay.
In the form I was given, same exact forms, she made two errors. One, she had the closing date wrong, instead of May 2, 2014, she had May 2, 2013. She also had the physical address of the property wrong. I think it was a contract they reuse over and over, so it was some other condo in Miami, but with the correct Folio number and REO number. I called her and said those are wrong, and needs to be corrected, she said oh, sorry, just go ahead and sign them and they will fix it later. I said no. I am not signing a contract that closed a year ago, and to buy the wrong address. I also told them I cannot close May 2 because that whole weekend I am out of town. I asked for May 6.
They corrected the address, the year, but left the closing date as May 2, the date I told them I can't be available to wire money or obtain keys. I have to personally rekey the place as I have no idea how many people she has given lock box codes to.
She said she will do an amendment to change closing date later. She said FNMA system already has May 2 and can't be changed. I told her May is a hectic month with company in town and a couple of business trips, and gave her several days I would be available for closing. I signed the contract and sent it back after my attorney reviewed it, and it took another week before FNMA signed it to make it a fully executed contract.
Since then I had arranged water to be turned on, did regular inspection, did termite inspection etc...all by just going in with the lock box code.
The contract for for $122,500. 10% EMD was $12,250 and wired the day I signed contract. A week later they said they didn't have the wired money. Over 30 text messages, half a dozen emails, I spoke to my bank's wiring department to double check, verified and faxed them the wired transfer confirmation...they said they don't have it. I double checked everything. The wiring had a reference comment which I put the buyer's name and property address. How can they not get it. Finally I called the title company up found out they were looking for the AMOUNT and didn't pay attention to anything else. The amount they were looking for was 12500, not 12250. I said look at contract, the amount was 12250. 10%? Just ignore the last 0. They finally found it.
I informed the listing agent they found it. It took another two days for them to clear it amongst themselves because I continue to get text from LA about money not being wired, or "I should have wired 12500 instead". I was really getting annoyed.
By this time, my attorney called and said he was unable to get in touch with the escrow and title company, or they don't have ANYTHING for him to review now that we are 4 days from May 2 which at this point is still the official closing date although LA has told me repeatedly they will change it to May 6 as I originally requested.
The only thing they have sent him is a lien search update which he said is a joke because it had misleading information and he really needs to see the closing statement to know who's going to pay what.
So on Sat April 26 I received a text from LA, asking if we can close April 30. I said no. I need time to review the title data and I need to pin down the closing date. I reminded her I gave her the days I can close during the first 2 weeks in May.
This morning I received another text, can I close May 9? Sigh. I understand there will not be a physical closing, but I need to walk the place prior to closing to make sure it hasn't burned down, and I need to re-key the place immediately afterwards.
Meanwhile my attorney still hasn't received anything to review, and he is telling me I should expect all sorts of errors and omissions from someone who can't put the right address, the right year for closing date, and to know how much EMD is supposed to be.
Why can't they get their act together?
The last Fannie Mae deal I had, fell apart the day of closing. My attorney NEVER got the closing statement and title to review, they told us that day they had issues and had to re-foreclose. After I spent inspection, survey, HOA doc fees, HOA app fees, city building records archive document fees etc...
Can I cancel out of the deal because "SELLER IS LESS COMPETENT THAN A MONKEY"?