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A mortgage contingency is a provision that restricts the sale of a house until a number of conditions are satisfied. Although contingencies can be different, they typically include a date or period of time that specifies when the requirements must be satisfied. The typical contingency clause will specify the deadline for the buyer to obtain a mortgage and what will happen if they are unable to comply with the terms. This usually means that the contract will be voided.
What is a Mortgage Contingency?
A mortgage contingency is a provision that, if not met, can cause the sale of a home to fall through. This provision is typically included to provide protection for both parties in the event that the buyer is unable to obtain mortgage financing. Mortgage contingencies also outline the circumstances under which a mortgage must have received official approval. Although the time varies, it is typically one week prior to the anticipated closing date.
When making an offer on a home, buyers may already have their mortgage preapproved. They won’t be fully approved, though, until the mortgage lender confirms the borrower’s claims and the specifics of the property. Buyers typically sign their home purchase agreement prior to receiving mortgage approval.
There are no repercussions if either party withdraws from the purchase agreement before the buyer obtains financing. The contingency clause would allow the buyer to receive their earnest money deposit back without being obligated to buy the property. Earnest money, also referred to as a good faith deposit, is money that the buyer offers to demonstrate their commitment to buying the property. Buyers lose their earnest money deposit, which is frequently kept in an escrow account until closing, if they back out after obtaining a mortgage.
Lending terms, which establish a specific dollar amount and the interest rate the buyer must obtain approval for, are typically included in mortgage contingency clauses as well. Additionally, any potential loan closing fees should be disclosed. Buyers are protected by lending terms, which give them the option to cancel a sale agreement if they are unable to obtain a mortgage or if the interest rates and other fees are too high.
How Long Does a Mortgage Contingency Last?
The timeframe within which the buyer must obtain mortgage approval must be agreed upon by both the buyer and the seller. Typically, a contingency period lasts between 30 and 60 days. The seller may decide to terminate the agreement and find another buyer if the buyer is unable to obtain a mortgage within the specified period of time.
This deadline could be crucial if you experience a delay in receiving financing. For instance, you might be required to submit additional documentation or encounter holidays that delay the approval. These occurrences are typical, and establishing a longer contingency period may help prevent the seller from terminating a sales agreement. Furthermore, your mortgage application might be rejected even though you received a letter of pre-approval. You can try to find a different lender in this situation who will give you a loan before the deadline.
The negotiation of contingency terms depends on a few factors. A longer-term mortgage contingency might be more acceptable to the seller in a competitive market for buyers. Homebuyers may find it challenging to secure a deadline that is closer to the typical 60 days in a seller’s market. Anyhow, sellers favor customers who can obtain funding more quickly.
You can ask the seller for an extension if you’re having trouble getting a mortgage approved before the end of your contingency period. You might need to provide additional earnest money to demonstrate that you’re still committed to buying because the seller has the sole discretion to grant an extension. Depending on the terms of the original contract, you might also require the services of an attorney to draft amendments and obtain the parties’ signatures prior to the deadline.
Should You Waive Your Mortgage Contingency?
If you waive your mortgage contingency, you consent to forfeiting your earnest money deposit in the event that you don’t adhere to the terms of your sales contract. If you want the seller to find your offer more appealing, a contingency waiver might make sense. In a seller’s market where a homeowner might get several offers at once, this strategy might be helpful.
Waiving the mortgage contingency clause, though, comes with a lot of risks for your situation. If the seller agrees to a contingency-free sale, you forfeit any earnest money you put down if you back out at any time. Depending on the state you live in, a seller might also have a case against you for contract breach or monetary losses related to taking their house off the market.
FAQ
Is it okay to waive mortgage contingency?
In a purchase agreement, you should only remove the loan contingency if you’re paying cash or are certain you’ll be approved for financing. Contingencies in real estate are a way for the buyer or seller to back out of the deal if certain requirements aren’t met.
What is a 30 day mortgage contingency?
A mortgage contingency typically gives buyers 30 to 60 days to obtain loan approvals; therefore, if buyers are unable to secure financing during that time, they run the risk of losing their earnest money deposits, and sellers are legally permitted to cancel the agreement.
What does a no mortgage contingency mean?
Perhaps you’ve heard of a mortgage contingency. The purchase agreement is then subject to the buyer’s (you) approval for a qualified mortgage. A “no mortgage contingency” indicates that you are submitting an offer without any conditions, which increases the value of your offer.