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Institutionalizing / Pre-Approving Short Sales

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While at REOMAC, one panel discussion covered institutionalizing short sales.  More specifically, the idea was to plan for short sales from the top-down (e.g., the lender), instead of from the bottom-up (initiated by individual borrowers).  [Note: 'institutionalized' is my word.  I can't quite remember the term they were using, something like 'planned' or 'pre-approved']

It sounds like this is a plan that is in the works (with at least one lender) so as to mitigate losses earlier.  This all ties into the idea to keep people in the homes longer and give them a more graceful exit.

I asked the panel why the lenders would not speak with the borrowers without the borrower first having to be late on their payments.  (Spontaneous applause erupted from the audience.)  If I understand correctly, there would have been fair lending laws that would have been violated if the lender or loan servicer were to call on their borrower without the lates already existing.  (Of course, this is part of why we have the problem with loan modification companies telling people to quit making payments.)  I followed up asking why, when the borrower initiated the call, the lender still wouldn't deal with it.  There wasn't a good response, but there was an indication / hope we will start to see more cooperation.

However, it sounds like there is a serious movement afoot to start down this path of "pre-approved" short sales.  Coming soon (in govt terms) to a lender near you.


Robert T. Boyer, Ph.D.
Robert T. Boyer, Ph.D.
San Diego's Finest Real Estate
RobertBoyer.Realtor@gmail.com

Robert T. Boyer, Ph.D.
Licensed Realtor® #010791063
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Jen Anderson
Exit By the Bay Realty - Chesapeake Beach, MD

Pre-approved short sales would be wonderful.  Short sales can be so difficult with some lenders and then relatively smooth with another.  It's frustating for buyers to wait for weeks or months, only to find out their offer is not acceptable.

Apr 11, 2009 07:09 AM
Katerina Gasset
The Gasset Group & Get It Done For Me Virtual Services - Provo, UT
Amplify Your Real Estate & Life Dreams!

Robert- I know most agents think that pre approved short sales would be wonderful. I say, be careful what you ask for. The pre approved short sale where they approve the homeowner is one thing, but with pricing it is quite another. If they get a BPO on the property, say what they want to net, then there are no offers and time passes, the price needs to be lowered. If the lenders are the ones that will have to give the approval to reduce the price and order a new bpo, then you are having to wait again. Most short sale lenders won't order a new BPO for 90 days. In our market, that is not going to fly. Our prices are lowered monthly.

We used to think that pre approved shorts were the way to go. But Nestor and I carry about 40 to 50 short sale listings. We close every one of our short sales. The ones we have the most problems with are those (other than countrywide) that have a pre determined price from a pre approved short sale. It takes so long and lots of hours to prove their bpo is no longer relevant. Since we can process short sales very quickly (other than countrwide's) we have no problem with getting the short sale approved after we have an offer. We can close with most all lenders in 45 to 90 days.

The other concern this brings up is that the contract for purchase and the listing agreement are bilateral agreements between the seller who is the homeowner in this case and the buyer or the seller and the agent. Whent the short sale lender is going to pre approve a short sale, they are then acting like the seller. They don't own the property. The seller still must agree to price and terms. If the short sale lender starts stating terms and conditions- are they not overstepping their bounds under contract law? Katerina

 

Apr 11, 2009 07:47 AM
Robert T. Boyer
FHA Loan, VA Loan, Jumbo Loan,FHA Loans,VA Loans,Jumbo Loans - La Jolla, CA
San Diego Real Estate & Mortgage Loans, Ph.D. | VA Home Loan

> If the short sale lender starts stating terms and conditions- are they not overstepping their bounds under contract law?

Technically yes, I imagine.  However, when you get to a short sale, the seller(s) have effectively told the note holder that they (the sellers) want to walk away from the property and be relieved of their contractual obligation.  The seller doesn't really care what happens so long as they can minimize their personal loss (preferably to walk away free and clear) and minimize damage to their credit.  At that point, the seller has effectively become an appendix to the deal.  The "real" (or effective) seller then is the note holder.

So getting back to the question, legalistically yes, it would be overstepping, and that is the technicality that has prevented common sense from prevailing.  (I am from the school of just because something is legal doesn't make it right.  And the corollary, just because something is illegal doesn't make it wrong.  IMO, usually the later is to prevent abuse - which in turn, sometimes prevents the appropriate actions.)

Apr 11, 2009 03:51 PM