Eleven weeks late to close because everyone assumed someone else was clearing the estate exception
Take a small deal: an LLC of four buying a 1960s six unit in a second tier market for $612k, cash from members plus a local bank loan at 70 percent. Commitment comes back in nine days. Schedule B-I carries the usual items plus a requirement that the estate of a deceased former owner be addressed, since a deed twenty-some years back ran from an estate and the underwriter wants evidence the personal representative had authority. Not exotic, and the title company flags it correctly and on time. Here is where it typically breaks down. The buyer reads the requirement and assumes the title company is working it. The title company assumes seller's counsel is working it, since in that state estate curative usually runs through the attorney. Seller's counsel assumes the seller's family already handled it years ago. Three weeks pass with nobody touching it, because a commitment in hand reads as progress even when a requirement inside it is untouched. By the time anyone chases it, the county requires an ancillary filing that takes its own time. Total delay from the original close date: eleven weeks. The costs stack up fast. A rate lock can expire and re-lock 45 basis points higher, which on $428k runs about $1,900 a year for the fixed period. Contract extensions, sometimes with a non-refundable deposit increase eaten as a concession to keep a seller from relisting. Legal fees in the thousands between both sides plus a share of the curative work. An insurance binder rewritten twice. A case like this can run $14,000 of hard cost plus a rate difference paid for years. The fix is procedural: 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 parties, and ask for a weekly status until each one clears. Not a question about whether it is being worked. A named owner per line item.