I had a 5 hour and 40 minute closing today. First, the sellers showed up on time and the buyer did not. The sellers were leaving to go out of town, so needed to sign and leave. This closing had already been pushed back about 4 times b/c of issues with the buyer's lender and then last week, the buyer collapsed and had to go into the hospital. Understandable delay, but the sellers had to postpone a trip and needed to leave. Shortly after they left, the buyer showed up an hour late and my receptionist comes back and says - "Did you know that he's blind?" I'm like - WHAT? No one told us that. We have to prepare special affidavits and allot a large amount of time to blind buyers because I have to read every document out loud to them. On a 100 page closing package. Then, they need assistance with signing.
So, I start the closing, and we get to the first thing he has to sign - initial actually, and I put the little signature helper for the blind down on the paper, and put his hand where it needs to happen. He can't initial. His agent takes his hand and basically starts guiding his hand to sign, which is NOT going to work. It was complete scribble.
So, I go call the lender and ask them to allow a power of attorney so the man only has to sign one thing. I'd still read him the package but then the agent could sign for him. Lender says no. It's a VA loan, only a relative can be a POA and he doesn't have one that can do it.
So, now I'm like - the man is going to have to make a "mark" and we're going to have to do a special affidavit that the "X" is his signature. Lender says no again - investor won't allow a mark. I was like - you have to figure out a viable solution b/c the man can barely grip a pen, and even his mark is going to be difficult for him. He cannot sign this whole package.
Then they say, ok - mark is fine, but in addition to the affidavit, we need an attorney opinion letter that marks are legal in Georgia. That is not statutory - it's common law, so an attorney opinion letter would take AT LEAST a couple of hours to research and write. I can find the answer and read it in 5 minutes, but to do an opinion letter requires formality and increases my liability. So I tell them I'm going to charge more for it, which means they might have to re-disclose fees and delay the closing. Suddenly, they decide to waive the attorney opinion letter. Idiots.
The man was very nice and patient. He laughed at most of it but I was appalled at how difficult they were making the closing for a 66 year old sick, disabled, blind veteran.
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LawyerLady
I can explain it to you, but I can't understand it for you.
WOW. No words. Why did the mortgage company or r/e agent not tell you this?
The real estate agent said she assumed the lender would tell us, and the lender said that since he signed the contract, they didn't think there would be a problem. He obviously DIDN'T sign the contract by himself, you moron! And even if he could sign without a problem (many can - I think he was just still recovering from last week and his grip was too weak), I still have to READ everything to them.
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LawyerLady
I can explain it to you, but I can't understand it for you.