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 What can Indiana REALTORS do when Short Sale Offers are getting no response from the Lender ?

New LAW in Indiana affecting Short Sale Response Times For Lenders HB 1359 states that a lender has 10 days to acknowledge receipt of a short sale offer and 30 days to respond to the offer.

Recently, an email newsletter from our Local REALTOR Board had the link to the form needed to file a complaint should the lender not respond to an offer according to the parameters of this Law.

***Complete this form referencing Indiana Code listed below, details of the lack of response within the required guidelines and supporting documentation.  Mail or fax the address below and send copy of the complaint to the lender:

Indiana Department of Financial Institutions
Attention: Dave Larson
30 South Meridian Street
Suite 300
Indianapolis, Indiana 46204-2759
FAX: 317-232-7655

Indiana Code References:

IC 24-4.4-2-201

IC 24-9-3-6 Version b***

Please NOTE before you do this.....Many times, the loss mitigation departments of lenders (which may be located outside of our state of Indiana) are not even aware of this NEW Law...so, just sharing the info & informing them of HB 1359, usually gets the ball rolling in your clients favor.

We have not had to fill this form out YET, as the majority of our Short Sale Listings so far have closed successfully and in a reasonably timely fashion. (Of course we do make sure ALL our ducks are in a row asap with a Short Sale Listing...i.e. short sale package has been totally completed & submitted by our sellers to the lender and the BPO is done, etc..).

However, we have had calls from Indiana REALTORS who've had LONG SALE stories (no pun intended ).

  ....so we are posting these links & info for your reference.....

 FYI ....Our GNIAR newsletter also shared this comment which we will quote...

***"Note:  Filing this complaint form does not guarantee response from the lender.  The Indiana Department of Financial Institutions will track the complaints and look for measures of repeat offenses by certain lenders.  Copying the lender on the complaint is also an important step in reminding the lender that Indiana Law requires these response times."***

***source*** = GNIAR - Greater Northwest Indiana Association of REALTORS Legislative Update.

_____________

Jeff& GraceSafrin " Spouses Selling Houses" TM

Real Estate Broker Associates with  F.C. Tucker - Indiana's Largest Real Estate Company

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F.C.Tucker 1st Team Real Estate

13 Lincolnway Suite # 203 

Valparaiso, IN 46383         

Office # 219-309-9930

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This post has been included in Indiana Real Estate News
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6 Comments on What can Indiana REALTORS do when Short Sale Offers are getting No response from the lender ?.. FILE A Complaint ->

APR
03
2009
190,630 Points 3 Featured Posts Outside Blog

This is great!  Now how do we get Florida to follow suit.  Short sales are not rocket science.  If the lenders would actually communicate exactly what they need in a timely mannor, this process would be faster.  The problem is that the lenders don't have good systems.

4:40pm • #1
APR
04
2009
483,061 Points 46 Featured Posts Localism Sponsor Hit Router Called Shot Master

I just printed this form out and saved it too.  I represent buyer on a short sale and the seller's agent has threatened HB1359 but it keeps getting passed to another negotiater. Wrote the offer on 1/11/09; still have not heard.  ARgh.....

12:53pm • #2
APR
06
2009
365,435 Points 4 Featured Posts Outside Blog

Hi Jeff- long time no see - hope all is well in Panama City during spring :)

We've found that the majority of lenders do have specific systems they implement for their loss mitigation dept. to follow - but they don't disclose them to us LOL -the processors are sooo overwhelmed with hundreds of files per person!

As for florida following suit - IAR introduced this amendment to legislation on behalf of REALTORS - you'd have to do the same in your state via your state associations legislative lobbyists :)

have a great spring

Sincerely,

Grace

7:26pm • #3
365,435 Points 4 Featured Posts Outside Blog

Wow Cindy - that's unfortunate your buyer has to wait soo long...hope this helps.

Sincerely,

Grace

7:28pm • #4
MAY
01
2009
156,315 Points Localism Sponsor

Thank  you Thank you Thank you for this reminder.  This is now in effect for sure?  I took a short sale continuing ed class on this, but this reminder couldn't have come at a better time.  I LOVE this site!!!!!

5:22pm • #5
MAY
02
2009
365,435 Points 4 Featured Posts Outside Blog

You are welcome Heather - yes this law went into effect Jan 2009. Hope it helps you.

Sincerely,

Grace

9:17am • #6

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Jeff & Grace Safrin, Broker / Owners, SFR, CRS, Northwest Indiana

Valparaiso, IN

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F.C.Tucker 1st Team Real Estate

Address: 13 Lincolnway, Suite # 203, Valparaiso, IN, 46383

Office Phone: (219) 309-9930

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Northwest Indiana Real Estate - Lake, Porter, La Porte, Counties in NW Indiana. A Team Approach To Real Estate. We Are Internet Savvy! We provide you Valuable services and representation in Buying or Selling Real Estate and Relocation services : Competitive Market Analysis of Price, Marketing Plan that sells our Listings, Access to the largest buyer pool via Northwest Indiana Multiple Listing Service, Negotiation of Contracts. Coordination of the many aspects of Closing the Transaction: financing, inspections, insurance, appraisals, surveys, title work, deed, escrow, possession. Page copy protected against web site content infringement by Copyscape <>F.C.Tucker 1st Team Team Real Estate serving NW Indiana

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