Eleven weeks late to close because everyone thought someone else was clearing the estate exception
Small deal, four of us in an LLC buying a 1960s six unit in a second tier market for $612k. Cash portion from members, the rest from a local bank at 70 percent. I was the one handling documents and the closing calendar, which is the part I actually enjoy, so this one is mine to explain.
Commitment came back in nine days. Schedule B-I had the usual items plus a requirement that the estate of a deceased former owner be addressed, because a deed twenty-some years back ran from an estate and the underwriter wanted evidence the personal representative had authority. Not exotic. The title company flagged it correctly and on time.
What happened next is that I read the requirement, assumed the title company was working it, and the title company assumed seller's counsel was working it because in that state estate curative usually runs through the attorney. Seller's counsel assumed the seller's family had already handled it years ago. Three weeks went by with nobody touching it. I didn't ask for a status because I had a contract deadline four weeks out and a commitment in hand and I read the commitment as progress.
By the time anyone chased it, the county in question required an ancillary filing that took its own sweet time. Total delay from original close date was eleven weeks.
Costs: rate lock expired and the re-lock came back 45 basis points higher, which on $428k is about $1,900 a year for the fixed period. Two contract extensions, one of them with a $7,500 non-refundable deposit increase we ate as a concession to keep the seller from relisting. Legal fees $4,800 between our side and a share of the curative. Insurance binder rewritten twice, minor. Call it $14,000 of hard cost plus the rate difference we'll be paying for years.
What I'd do differently: on the day the commitment lands, put a name and a date next to every Schedule B-I requirement in writing, send it to all three parties, and ask for a weekly status until each one clears. Not a question about whether it's being worked. A named owner per line item.