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tomarsha | We closed on our house and the deed is not filed yet, they wont give us keys can they do this? |
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Nancy
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All I know is that from what I have seen and read, you get keys AT closing. Why didn't you expect the keys then and raise the deed and transfer issues in the room at closing? |
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acermill
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Generally speaking, if the closing included a transfer of money from buyer to seller, the house is considered your property, and you should be given access immediately after closing. There are cases of a 'dry closing', where all paperwork is signed and notarized, but funds are delayed for a variety of reasons.
In such cases, keys are not to be turned over to the buyer until the money transfer is realized.
Whether or not the deed has been filed with the local municipality should have no bearing on their refusal to give you the keys to the property. |
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ogrendle
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Contact your Buyer Agent ASAP. Something is wrong here.
Did the money transfer? |
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wizjp
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You don't legally take posession till the deed is recorded and the funds dispursed; but in most states that should happen the same day unless there is a problem.
Check with the atty or the title company and ask them why your deed isn't recorded yet. |
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Frank B
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I deal with this situation on a regular basis, but address it waaaay before a question such as yours comes up. Communication is key.
I work In Las Vegas, and naturally we see quiet a few people coming in from other states. Particularly California. In that state the day you sign is the day you get your keys. In this state the day you fund and record is the day you get your keys.
Record meaning the house is in your name, funded means that the bank has wired the funds to tile and can now disburse funds. Generally this may take from 1 day to a week, if the file gets audited.
All my clients know not to expect the keys the day they sign.
Good luck. |
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What, what, what??
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Talk to your lawyer. |
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RE-AGENT
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You need to talk to your agent's broker if the agent failed to explain the process with you. During closing, when all documents are signed, all keys to the property must be turn over to the buyer by the seller through the settlement agent. Unless, there's a stipulation on the contract which says that the sellers have x days to stay/lived in the property. In such a case, from the date of the settlement the sellers should be paying you rent as agreed upon, which is not recommended at all. Reason: There might be some damages done on the property where they can always claim that you are aware of and that they will not pay for it or it's repair. Have your agent and broker explained why you have not received your keys. Filing the deed is out of the question as long as the settlement documents were signed. Filing and recording of the deed is the job of the settlement or closing company. |
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iceman
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You should always get the keys at closing. |
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peapod_mommy
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Well there is only one thing I can think of. There are three steps to the closing process. FUNDING, RECORDING, DISBURSEMENT!! When the loan funds it does not mean it's closed. It is considered closed at the time of recording. As soon as that deed records you are officially closed!! And they HAVE To give you your keys. Unless there is a clause in the Purchase Agreement that says the sellers have ___ days after the close of escrow to get out of the house. If it went into default and nothing was specified in the document then they would have to be out 5 days prior to closing escrow. That is for Ca anyway. Hope this helped. GOOD LUCK!!!! :) |
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D S
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If the escrow has closed, then the former owner is no only the owner. They owe you rent for all of the days that they have not surrender the keys.
Sometimes the deed will come a month or so later after closing. |
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golferwhoworks
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no! you should have gotten the keys at close unless you rented it for some time to the old owners so they have a chance to move. |
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Dave R
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See if the previous owner will sign a Use & Occupancy Agreement. This will allow you to live there until it's all straighened out. |
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