
Well for me...this is the Season of Humble Pie!
A month or so ago I did a Members Only Blog about Getting Cocky. It was a bit embarrassing but I hoped others would learn a bit from it!
I find myself in that position again. But this time it is something that may benefit Real Estate Consumers also.
About four years ago my husband and I did a small equity line on our house to make some much needed improvements. It meant a minimal payment increase and we continued on as usual.
The past several months have seen some serious changes in our financial situation. My husband 's Company went Bankruptand as a result he was suddenly un-employed! We have been struggling on... on my income (need I say more?).
This week we negotiated with our Bank for an Extension. And since I have a closing next week, we breathed a sigh of relief! But, when my husband went on line yesterday he discovered that not only had the Bank taken out a payment without notifying us...in the process they bounced all bill payments that had been made putting us in arrears, in jeopardy...and incurring check fees of over $600. Totally discounting the negotiated extension.
Now here's the lesson learning part. Being a Realtor I should have had the mind set to SCOUR our Loan Agreement... Before we signed it...but also being an eager Consumer...I didn't! There is a (very small) clause-called Offsetting Deposit- in our Contract that allows the Bank to go into ANY account we have with them-without notification-to take their money if we are in arrears. And they did! I can honestly say if I had been aware of that little fact....I would never have signed
I don't know how this will be resolved. Procedures and rules vary from State to State. Here in New Hampshire it is allowed. We have gone to the NH Banking Commission about it because of some discrepancies...As for resolution...time will tell
PLEASE,keep your emotions in check.Take a lesson from me! Read BEFORE You Sign! Or it will end up costing you...
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Joan Mirantz - Joni is a Realtor® with Keeler Family Realtors, a locally owned, Customer Service oriented Firm.
Joan Publishes a monthly Newsletter "Food For Thought" under the pen name Realtor Sherpa.
(Joan also answers to Miz Maven and Miss Joni.)
Joan works in Buyer and Seller Representation with concentrations in the Merrimack Valley Area and towns surrounding Concord NH - the Capital City.
"I love what I do, and it shows in how I do it"

Emotion is a big catalyst in decision making. Think of those sellers that think their home is worth $40,000 more than it actually is. It is their emotion talking and not their sense. This was a nice article and thanks for sharing. Maybe it will help someone else.
Doug
Joan- I'm going to look over mine again in the morning when I can see straight!
Bruce...That is exactly the reason I will caution any future Clients I have to"Diversify" where they do their business.
Not only does this Bank take full advantage of the law...they encourage customers to take advantage of Savings, checking and money markets...with no fees as a reward. Then they have a bigger pool to drain if they need to!
You know what they say about hindsight!!!
Joan, this was really disconcerting to read. Most people do not read the fine print. I read my mortgage once when I could not sleep...and you know what...it put me to sleep! I am truly sorry to hear about the situation and pray that a good resolution will come out of it. Thanks for sharing and educating us in the midst of your experience.
Sally...I can honestly say... from this point on...I will be a Reader!
Hi Lola...thanks for stopping by.
This definately wasn't a post for "Fresh Aire"LOL
Joan~
I don't know if "lessons learned" offer much solace when distressing situations arise. But I do know that even when you are in the midst of a most challenging situation you have the grace and professionalism to share the lesson with those who may benefit from it, despite your own distress. Thanks for knowing you.
I am so sorry to hear about this terrible situation. I can totally relate as several years ago my wife and I lost our business in a chapter 7. What my wife had failed to tell me as my accountant was that she did not pay the last qtr sales tax to the state and one day all of our money in the bank was gone. We incurred over $1000 in bad check fees. The true killer of it was that I had just deposited some money from a ROTH account I had withdrawn from so we were literally down to no cash with 3 kids to feed.
It will all work itself out fine, it just takes time and faith.
When I read your post , it made my heart hurt. I feel like others that I have met here on AR through our posts and our shared comments. I am so sorry that things had not been so easy but I fear if the truth were known there are numbers of people that are finding things associated with our current market, difficult today.
It is not so uncommon that being REALTORS , we often think we already know what is in the documents. I would say if that such a thing were there, it should have been called to you when you signed the loan documents. I did a post about this and that the consumer says , in the first place these documents are not given to you to read. Yes they are handed to you to sign but to read the documents and understand them it would take a lot longer at signing than would even allow for.
Hope things get better for you and your family soon. I am glad they featured your post becasue I found it.
Sincerely
William
Don't blame yourself. Although it's always important for the consumer to take control of his or her own undertaking with regard to any kind of financial document, lenders simply don't do a good job of highlighting some of the most important features of their loans. More to the point, many don't want to be forthcoming about what's in the fine print, leaving you to figure out what "penalties" you may incur for not understanding what you weren't told, but were expected to learn on your own.
Lenders could make it all easier to understand...unfortunately many 'choose' to not operate that way.
Thanks for sharing this Joan. Perhaps it will help someone else. Sorry to hear of your situation...truly hope it improves soon for you.
Jeff
Hi Joan,
Thank's for sharing your experience, i hope everything does work out to the best, everything usually does. I will definitely keep this in mind!
Regards,
as an experienced loan officer i have sat at closings looking at the 3 pound pack (closing docs) thinking there is no way that these people will know what they just signed when they're done.
then they are given a copy. like they will read and understand everything. however, if there is something that they don't like they have already signed the documents. oh well.
this is a serious system flaw and as far as i'm concerned has been this way forever. frankly despite 25+ years as an LO i don't have an answer as how to correct this.
I am so sorry for you. I think we all fail to read the fine print . Its like Jay said the stack of paper is so deep sometimes there is no way you could read it all.
Vicki
Ryan...your prayers are needed and appreciated!
Wayne...actually I think my husband may be getting a job with a mortgage broker! Ironic eh!
The scary part is that according to the Banking Commission...this is a Federal perk allowed to Banks, clear across the country!
Jay...I agree wholeheartedly (obviously). And this has to be brought to someones attention!
I'm planning on following through on this no matter the outcome!
Hi Joan,
I hope everything works out for you.
Kandra Hamric
www.AssistantForRealEstate.com
Joan,
Very important point. Unfortunately you had to go through a real-life experience like that to really believe how crucial it is to read the contract. Any financial agreement. Fine print is notoriously dangerous. I don't read everything line by line, but do cover items that I consider critical. The only thing is, hopefully those are the ones that count.
Hi Carol...I think we've come up with a short term fix...hopefully it will buy us a little time!
Say a prayer!
Hi Joan -
You got it! Multiple prayers, a shot of luck, lots of faith and a big shovel. That ought to do it!
Keep me posted - I'm pulling for ya!
Joan - the shovel is so you can bury the BS when it's over. LOL
As my mom always said ---- "The impossible takes a little longer." That's been my motto for more than 50 years since I heard her say it every time something went kaput! Besides - shovels make for great yard art!