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  #1  
Old 08-22-2007, 06:35 PM
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Sold Home - Check For Home Not Clearing


What is the name of your state? NY


Selling my home. I am really concerned w/only one thing: the main payout check clearing. Could a seller received a check that was not cashable for some reason - And then all of a sudden have no home & no money either, & have someone living in the home & even worse yet having legal title/ownership in someone else’s name? How would one word a contact or an addendum to a contract to protect them self from any such mishap as to the check for the home not clearing?
Thank You
  #2  
Old 08-22-2007, 06:58 PM
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NY closings are similar to WI. They table fund.

The seller funds are normally passed through a closing agent, like a title company. The disbursing agent ONLY accepts "good funds". Personal funds are not acceptable. Buyer funds are usually either wired or a certified check. The lender portion is also usually WIRED funds. If you have your closing properly done, through a third party closing agent/title company, there should be nothing to worry about as to your proceeds check being "good"..
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  #3  
Old 08-23-2007, 12:31 PM
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I agree with Nexie. Writer did not state if escrow or closing attorney will be used.
  #4  
Old 08-23-2007, 01:59 PM
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Quote:
Originally Posted by HomeGuru View Post
I agree with Nexie. Writer did not state if escrow or closing attorney will be used.

Exactly. Which is why I stated that IF he has it done PROPERLY, through a third party closing agent like a title insurance company, he needn't worry about a "bad check". If he WAS trying to save a sous or two () by trying to manage this as a DIY process, hopefully he'll rethink that approach.
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  #5  
Old 08-23-2007, 02:04 PM
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Even absent use of a third party, no sellers attorney in their right mind would accept a personal check. (And any seller who doesn't use an attorney is not in their right mind ).
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  #6  
Old 08-23-2007, 03:37 PM
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With so many counterfeit bank checks out there, it is possible he's asking because of that?
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