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Tim Shepard, "There is a Right Way to do Everything" (Destin Real Estate)

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Rainmaker
3,988,013
Debbie Reynolds, C21 Platinum Properties
Platinum Properties- (931)771-9070 - Clarksville, TN
The Dedicated Clarksville TN Realtor-(931)320-6730

There is more to the story, Tim. They would not have done that unless something was awry. Maybe the loan funding was rescinded, maybe they suspected some type of fraud, maybe the title company is not financially sound? Ask for the real reason and get to the bottom of it but the real losers here are the buyer and seller. They deserve to know and get it corrected as soon as possible unless of course one of them is the problem.

Aug 10, 2016 02:07 AM
Rainmaker
5,112,581
Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Realtor

There has to be more back story to this if payment was stopped and I doubt a title company or attorney would have unilaterally made a decision to return all funds to a lender.

Aug 10, 2016 02:20 AM
Rainmaker
1,847,011
Lyn Sims
Schaumburg, IL
Real Estate Broker Retired

Not that I've ever heard of. I would get the owner of your company involved ASAP or the sellers or buyers attorney. They are probably way ahead of this than you would be.

Aug 10, 2016 02:17 AM
Ambassador
5,060,544
Jeff Dowler, CRS
eXp Realty of California, Inc. - Carlsbad, CA
The Southern California Relocation Dude

You need to get to the bottom of this and find out why that happened. As Debbie Reynolds maybe there was suspicion of fraud, etc. Unless you ARE the broker, does your broker know? Ken has a good thought, too.

Aug 10, 2016 02:14 AM
Rainmaker
4,272,934
Paul S. Henderson, REALTOR®, CRS
Fathom Realty Washington LLC - Tacoma, WA
South Puget Sound Washington Agent/Broker!

That is unbelievable!

Aug 10, 2016 04:20 PM
Rainmaker
4,176,793
John Pusa
Glendale, CA

Tim Shepard Title company can cancel  a transaction for legitimate reasons.

Aug 10, 2016 09:50 AM
Rainmaker
1,153,794
Kevin J. May
Florida Supreme Realty - Hobe Sound, FL
Serving the Treasure & Paradise Coasts of Florida

The closing would not have taken place without a "clear" to close therefore the title company is the source I would dig into. Something is not right, good luck. Sounds like an untenable situation for them.

Aug 10, 2016 04:15 AM
Rainmaker
4,901,847
Richard Weeks
Dallas, TX
REALTOR®, Broker

Apparently they can.  If things are not resolved I would contact the state agency that regulates title companies in Florida.

Aug 10, 2016 02:37 AM
Ambassador
2,684,569
Fred Griffin Florida Real Estate
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

Never heard of that.   Maybe they found a Cloud on Title after the fact.   Tough cookies for them!

1. I would personally visit the Title Company or Title Attorney and demand an explanation.

2. I would consider contacting the Florida Office of Insurance Regulation (they regulate Title Insurance).

3. Unless there is a very rational reason for this, I am contacting my own Attorney.

4.  What about the Buyer or Seller Client that I represented?  Surely they are aware of this; they need to be contacted.

Aug 10, 2016 02:35 AM
Rainmaker
5,772,587
Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

Tim,

Like everyone expressed, there is something else going on.  It could be something that is very serious.  A

Aug 10, 2016 02:35 AM
Rainmaker
4,319,773
Praful Thakkar
LAER Realty Partners - Burlington, MA
Metro Boston Homes For Sale

Tim Shepard - few good answers to your question.

I am sure something else is wrong, somewhere else....

Aug 14, 2016 04:22 PM
Rainmaker
991,352
Jennifer Mackay
Counts Real Estate Group, Inc. - Panama City, FL
Your Bay County Florida Realtor 850.774.6582

Not heard of this, but I think something is missing from this story

Aug 11, 2016 02:40 AM
Rainmaker
3,416,038
Scott Godzyk
Godzyk Real Estate Services - Manchester, NH
One of the Manchester NH's area Leading Agents

I have been told to hold the check as they were still waiting for funding although everything was all signed. But never canceled

Aug 10, 2016 11:14 PM
Rainmaker
5,239,949
Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

Wow, time for some questions! The title company may have some liability here depending on the circumstances!

Aug 10, 2016 11:04 PM
Rainmaker
1,617,916
Harry F. D'Elia III
WEDO Real Estate and Beyond, LLC - Phoenix, AZ
Investor , Mentor, GRI, Radio, CIPS, REOs, ABR

There has to be more to the story. Why cancel?

Aug 10, 2016 11:00 PM
Rainmaker
3,071,489
Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Haven Express @ Keller Williams Arizona Realty

must be more to the story...

Aug 10, 2016 10:41 PM
Rainmaker
7,863,525
Roy Kelley
Retired - Gaithersburg, MD

Fraud is a good reason to cancel a settlement.

Aug 10, 2016 09:47 PM
Rainmaker
4,434,177
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

I do not know.

Aug 10, 2016 09:38 PM
Rainmaker
2,443,250
Evelyn Johnston
Friends & Neighbors Real Estate - Elkhart, IN
The People You Know, Like and Trust!

Why would they do that? They didn't give you any more information than that?

Aug 10, 2016 01:55 PM
Rainmaker
2,224,473
Debbie Laity
Cedaredge Land Company - Cedaredge, CO
Your Real Estate Resource for Delta County, CO

Talk with your title company to see what happened. There has to be something going on that doesn't sit well with the title company. Communicate with an agent there. 

Our local title companies are very good at explaining things for us agents. I hope you have the same luck. 

Aug 10, 2016 01:02 PM
Rainmaker
1,728,256
Sandy Padula & Norm Padula, JD, GRI
HomeSmart Realty West & Florida Realty Investments - , CA
Presence, Persistence & Perseverance

We agree with all who have advised you to research this further. Your Broker should be willing to step in, since it was legally his sale.

Aug 10, 2016 12:39 PM
Rainmaker
1,092,947
Diana Zaccaro Broker Associate
ZOOM Realty Group - Cocoa Beach, FL
"The Accidental Blogger" Cocoa Beach, Florida

Call the Florida Realtors Legal Hotline.

 

Aug 10, 2016 12:30 PM
Rainmaker
1,231,853
Mary Yonkers
Alan Kells School of Real Estate/Howard Hanna Real Estate - Erie, PA
Erie/PA Real Estate Instructor

Tim Shepard Keep us updated.  Anxious to know the back story

Aug 10, 2016 12:22 PM
Ambassador
6,418,162
Bob Crane
Woodland Management Service / Woodland Real Estate, KW Diversified - Stevens Point, WI
Forestland Experts! 715-204-9671

Must have been something big that came up to block the sale, maybe the seller does not really own it.

I am sure they would not have done this without the legal right to do so.

Aug 10, 2016 12:18 PM
Ambassador
3,741,912
Patricia Kennedy
RLAH@properties - Washington, DC
Home in the Capital

Something really, really bad must have happened!  You'll have to let us know what it was.

Aug 10, 2016 11:30 AM
Rainmaker
1,466,257
Michael Setunsky
Woodbridge, VA
Your Commercial Real Estate Link to Northern VA

Tim Shepard They must have had a good reason.

Aug 10, 2016 10:56 AM
Rainmaker
647,580
Greg Large
ERA Real Solutions - Grove City, OH
A Tradition of Trust

Certainly an odd situation but I would be more concerned with the party you represent, what happened to them?

Title Company as the closing agent and is not the position of making such a disposition, either the Lender or an attorney made the call, but best be figuring out how your client was affected FIRST, and the Title Company plan for remedy to THAT, then resolve the commission issue,  in my opinion.

Aug 10, 2016 10:09 AM
Rainmaker
634,532
Kathleen Luiten
Resort and Second-Home Specialist - Princeville, HI
Kauai Luxury Ocean Home Sales

I'd dig deeper. And like Ken Jones would not hesitate to call law enforcement if you don't get a reasonable explanation.

Aug 10, 2016 09:58 AM
Rainmaker
766,079
Tony Lewis
Summit Real Estate Group - Valencia, CA
Summit Real Estate Group Valencia & Aliso Viejo

It appears as though the bank owns the funds.

Aug 10, 2016 09:41 AM
Rainmaker
902,038
Olga Simoncelli
Veritas Prime, LLC dba Veritas Prime Real Estate - New Fairfield, CT
CONSULTANT, Real Estate Services & Risk Management

Depends on what happened to make them do that.

Aug 10, 2016 09:33 AM
Rainmaker
1,712,776
Joe Pryor
The Virtual Real Estate Team - Oklahoma City, OK
REALTOR® - Oklahoma Investment Properties

You should be talking to your broker.

Aug 10, 2016 08:32 AM
Rainmaker
1,390,113
Wayne Zuhl
Remax First Realty II - Cranford, NJ
The Last Name You'll Ever Need in Real Estate

Wow. 

Agree with other who have said there is more to the story than meets the eye.

Aug 10, 2016 07:35 AM
Rainmaker
4,960,541
Will Hamm
Hamm Homes - Aurora, CO
"Where There's a Will, There's a Way!"

reading to see what others think!

 

Aug 10, 2016 06:30 AM
Rainmaker
970,983
Frank Rubi
Frank Rubi Real Estate, LLC - Metairie, LA
FrankRubiRealEstate.com

New one on me. Need more information. 

Aug 10, 2016 04:51 AM
Rainmaker
5,583,328
Barbara Todaro
RE/MAX Executive Realty - Happily Retired - Franklin, MA
Previously Affiliated with The Todaro Team

I've never heard of that happening....if a deed is accepted and recorded, it's a done deal in my state.... spend the money..... 

Aug 10, 2016 04:46 AM
Rainmaker
4,800,132
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

This is a new one on me.  I'm guessing that the funds may have not actually arrived from the bank.

Aug 10, 2016 04:32 AM
Rainmaker
1,624,853
Inna Ivchenko
Barcode Properties - Encino, CA
Realtor® • GRI • HAFA • PSC Calabasas CA

I'd never use that title company ever again. You can not cancel a transaction without principal mutual agreement and signed documents. 

Aug 10, 2016 04:24 AM
Rainmaker
1,206,361
Peter Mohylsky, Beach Expert
PMI. Destin - Miramar Beach, FL
Call me at 850-517-7098

This definitely needs to be followed up on.  Call florida legal aid.

Keep us posted.  

Aug 10, 2016 04:08 AM
Rainmaker
1,506,043
Ryan Huggins - Thousand Oaks, CA
https://HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

I've NEVER heard of this one!  I agree with the rest, there is definitely something more to this.  I'd reach out for an explanation and make sure your broker knows what's going on.  Ken has a great idea about letting the AG know as well.

Aug 10, 2016 03:57 AM
Rainmaker
26,691
Tim Shepard
Destin Real Estate - Destin, FL
"There is a Right Way to do Everything"

Yes, there definitely is a lot going on, but my main question is "Once funding is authorized and partially disbursed, does the title company have the authority to return funds to the lender?"

Aug 10, 2016 03:28 AM
Ambassador
3,349,434
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate Services

Holy Crap-tacular!  On the surface this smells of fraud ... but there is no way of knowing. You need to go to the source and get some answers.  What mistake did the title company make?  Does that mistake afford them the liberty of unilaterally canceling everything?  Document everything ... then the next step may be legal advice. 

Aug 10, 2016 03:21 AM
Rainmaker
1,241,754
Sam Shueh
(408) 425-1601 - San Jose, CA
mba, cdpe, reopro, pe

right to sell? Ownership?   sorry to hear that....

Aug 10, 2016 03:19 AM
Rainmaker
1,157,791
FN LN
Toronto, ON

You may need to seek legal counsel.

Aug 10, 2016 02:55 AM
Rainmaker
2,784,696
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

He who has the gold rules...case in point.

Aug 10, 2016 02:29 AM