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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Last March, I participated in a Bank of America webinar where they introduced their Cooperative Short Sale Program.  I remember being cautiously optimistic because the speaker promised that the Bank would respond to offers in 10 days.  Well, it’s now been five, yes five months since I uploaded an offer for the Cooperative Short Sale purchase of one of my listings.  We are finally in escrow and set to close on April 6th, but this has been, to say the least, a rocky road and not what I would call a “cooperative” negotiation.  Here are a couple of the low points:

  • The amount that B of A was offering to the 2nd lien holder was incorrectly communicated to  me.  They offered one amount and  then later came back with a much lower figure. I had to escalate the issue  and get pretty angry to make them stick to the original amount offered.
  • Shortly after finally getting  an approval in the first week of February, our buyer lost her job and we had to substitute her husband as the buyer.  Same transaction, no changes except the loan and sale were now going to be in the husband’s name.  It took over a month to get a new approval, and that was after I again had to escalate the issue.

Here is what I see as a big problem with the whole system:  Although the Equator platform is supposed to keep all parties in communication, it really doesn’t work that way.  Bank of America farms out the work of negotiating their Cooperative Short Sales to Asset Management Outsourcing, Inc., AKA, AMORecoveries.  So during the whole “negotiation” portion of the short sale, the agent for the seller is only in communication with a case worker at this company.  If you do need to escalate a matter to B of A directly, they might not be in the communication loop as far as the file and Equator are concerned.  Additionally, I find communicating through Equator sketchy at best.  Every step of the process is a “task” that gets accepted, completed or denied, and let me tell you, a short sale is simply not that black and white.  The only way I really got anything accomplished was when I could actually speak to someone.

Once you finally get an approval, the file becomes the responsibility of a “closing specialist” back at B of A.  So the person you’ve been dealing with throughout the whole process is now out of the picture.  When we had to substitute the new buyer, the file went from our “closing specialist” at B of A, back to AMORecoveries, to a different negotiator who thought it was an entirely new file!  I thought I was going to tear my hair out!

So I’m not a fan of the Bank of America system or the Cooperative Short Sale program that was supposed to streamline the approval process.  And I know that without going up the food chain and fighting for my seller this deal wouldn’t be closing.

 

Got a tough short sale in San Diego County?  Give me a call!

 

 

In the second of a 2-part series, San Diego real estate broker Marti Kilby explains the short sale process.


 

A short sale is an attractive alternative to foreclosure, mainly because the impact on your credit is far less severe.  However, just because you owe more on your mortgage than your home is worth doesn’t necessarily mean that a short sale is a viable option.

 

Well, we saw it coming, and sure enough, as a result of Senate Bill 458 2nd lien holders in California short sales are putting on the squeeze.  The bill was well intentioned, as it restricts 2nd lien holders in a short sale from issuing a deficiency judgment or demand that the sellers bring money to the table. 

But since the bill passed in July, I am increasingly seeing the 2nd lien holder holding out for a pay-off of as much as 35% of the remaining balance on the 2nd TD.  And they don’t care who brings it to the table.  I recently had a 2nd lien holder request that the seller ask her friends if they could contribute!  Are you kidding me?  The result of course is that 2nd lien holders may be blocking California short sales.

Case in point:  I have a short sale that I’m negotiating with servicer G—-T— in the 2nd position. They are demanding 25% of the outstanding balance on the 2nd, which is approximately $40K, so they want roughly $10K.  The 1st lien holder won’t allow more than 6% ($2400) to pay-off the 2nd.  The buyer is contributing another $2K and the selling agent and I are each kicking-in $1K…but that still puts us short of what the 2nd lien holder is demanding by $3600.

So, I’m in the process of trying to negotiate with G—-T— to lower their demand.  Don’t they understand that if they refuse to accept a lesser amount the property will foreclose and they’ll get nothing?  The 1st lien holder is holding firm at 6% and there is simply no other source of funds.  Will they lower their demand, or will this be a failed short sale, killed by the 2nd lien holder?

Well, as noted in Part 3, the clock started ticking on Monday, October 17, when I submitted the offer and estimated HUD1, and let’s see….today is Wednesday the 26th. Despite several emails and phone calls, no one has contacted me to confirm the new negotiator or let me know what the next steps will be. I feel as though the file has already slipped between the cracks…..

Just left a message for a supervisor…..

OK. Now it’s the 28th and I’ve no reply from anyone so I called again and finally got hold of a supervisor. And it appears my gut feeling was right and the offer is no where to be found. Arrrrggghhh! The supervisor set-up a task for me on Equator so at least I could be connected to the file, though they still have not requested I upload the offer.

So far, this has been a bit uncoordinated because the homeowner started the process and I’m coming in after the fact. More on Monday.

On November 1 I finally received a task to upload the offer into Equator and then on the 3rd received notice of some “additional items” needed by the mortgage insurance company…so it took about 2 weeks to actually get it in the system.

In the offer we requested a pay-off to the 2nd lien holder in the amount of $10,000, which is what the 2nd lien holder told us it would take to get it approved. On November 8 I received a counter offer from B of A….they only want to give the 2nd lien holder $6,000. I forwarded the counter to the 2nd lien holder and am waiting for a reply.

The good news is that B of A did not counter the offer price, which is considerably lower than what they originally requested, and they were pretty quick about issuing a counter. I’m not very hopeful however about the 2nd lien holder accepting $4,000 less…will keep you posted. We’re now at 26 days on this B of A Cooperative Short Sale…..

Well, probably not a show we’ll see in the new HGTV line-up, but reverse staging is a form of short sale fraud that is becoming increasingly common.   Unlike traditional staging where a home is de-cluttered and dressed-up to present the best possible appearance, reverse staging accentuates the negative features of a home.  Reverse staging is part of an attempt get a low Broker Price Opinion (BPO) of the actual value of the home by inflating repair estimates and making the home appear to be in greater disrepair than might really be the case.

A Broker Price Opinion is a mini-appraisal, ordered by the lender in a short sale to determine how much they should expect to recoup from the sale of the property.  It is ideally performed by a real estate broker or agent who is familiar with the market and is a critical component of the short sale process.  If a BPOcomes in above fair market value it becomes more difficult to get a short sale approved, as it is likely the lender will want to hold out for a high offer in line with the BPO.

Trying to manipulate the BPOto reflect a below market price is usually done to accelerate a sale.   However it is also done by agents who will hide a higher offer from the lender, rig the sale, and then turn around and flip the property for a profit.  No two ways about it….this is fraud.

In most every short sale transaction all parties are asked to sign an “Arms Length” Affidavit that acknowledges that there is no fraud in the sale of the property.  As a short sale agent, it is my ethical responsibility to protect the best interests of my clients – this includes protecting them from any involvement in a fraudulent sale.  So, reverse staging might help short sale a home more quickly, but it could also land you in jail.