April 2012


Short sales are tricky at best, and negotiating a successful resolution can try the patience of even the most experienced agent.  With the foreclosure clock often ticking, it’s important that the listing agent keep the transaction on track. Here are a few things agents should avoid that can be real deal killers:

  1. Accepting the wrong  offer.  If you know that the property has termite issues, doesn’t have a working heater, or has other significant repair issues, look carefully at the type of financing  the buyer will use.  VA will not allow the buyer to pay for repairs and it is unlikely that the lender will  pay.  FHA also has fairly stringent rules about the condition of the property, unless it’s a rehab loan.  If there are issues with the condition,  selecting a buyer that is using conventional financing, or cash and agrees  to buy the home “As Is” will improve your odds of success.
  2. Failing to  communicate.  As we all know, short sales are anything but short in terms of the time it takes to close.  Having a buyer that stays the course and doesn’t wander off to buy a different property is critical.  The listing agent should be in touch with the buyer’s agent at least twice a week and provide  updates as soon as they are available.    I also have the buyers deposit their earnest money into escrow within 3 days of acceptance of their offer by the sellers – we don’t wait for short sale approval.  Buyers that have put their money into escrow and receive regular progress reports tend to be much more committed to completing the purchase.
  3. Assuming….anything!  Just because you faxed in your seller’s tax returns, doesn’t mean that they were received and made it  into their file.  For most banks, allow 48 hours for items faxed to the loss mitigation department to be  posted into your seller’s file, then call and confirm.  Failure to provide documents when requested can kill the deal.  Also, don’t assume that the 2nd lien holder will accept whatever  pay-off, the 1st lien holder offers.  Don’t wait for the 1st to be  approved to start negotiating the 2nd .  Better to know what they want early in the game.

The list could go on and on, as each sale has its own peculiarities that could spell trouble.  The key to short sale success is a combination of patience, education, organization, tenacity and a crazy instinct to anticipate obstacles and leap over them before the deal dies.  Good luck out there!

For a no-obligation consultation regarding a short sale inSan Diego County please give me a call at 619-846-9249.

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I attended a webinar on Tuesday that was presented by the Charfen Institute, all about the changes that are occurring in short sale processing at Bank of America, effective tomorrow.  As I currently represent the sellers in two B of A short sales, and the buyers in two other B of A short sale transactions, I logged-in wanting to see if there was anything I had missed in reading the information at their short sale resource center.

The information in the webinar was well presented, including a slick commercial for the Charfen Institute CDPE (Certified Distressed Property Expert) Designation Course.  However, I didn’t really learn anything new….

But the thing that really got me steamed was the marketing “call to action”.  If I signed-up to take the CDPE course before 5:00 p.m. Thursday, I would receive $900 in FREE Resources – a CDPE short sale success bundle.  Here is one of the items included:

“Bank of America Add-On Kit ($200 value) – Get the five newly-required documents that MUST be submitted with all short sale offers, effective April 13.”

My problem with this is that the list and actual documents available for download are offered for FREE at the Bank of America short sale site….so how is this a $200 value??? 

And the other two items valued at an additional $700 and included in the “success bundle” are all things that are available online from the various lenders, or with a phone call – all at no charge.

Now I’m all for free enterprise, understand incentives, and the take-away tactic in sales.  And I am not knocking the CDPE course, of which I’ve heard good things.  But come on!  I just don’t think it’s right to assign a dollar value to something that is not under your copyright, that is free, readily accessible, and a necessary component to our job representing clients in a short sale.  Why not just share the links?  I would have been more impressed. Is the $200 value assigned because of convenience to the agent?  In my book, if an agent is too stupid or lazy to figure out how to get lender forms, they shouldn’t be doing short sales, with or without any certification!