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How To Buy A Short Sale - A Must Read For Agents and Buyers!

By
Real Estate Broker/Owner with Satar - Amiri Property and Financial Services Corp.

OK, so I spent some time reading blogs of agents not wanting to make offers on short sales because they find them too confusing and a waste of time as they don't where they stand with their purchase offer nor can they explain the process to their buyers. I also encounter this on my day to day activities as a real estate broker. 

First the basics:

1. What exactly is a short sale? Basically, it's getting the lender(s) to agree to accept less than what they are owed in order to release the lien on the property. This can also apply to other people and entities that hold liens on the property, such as the IRS, private individuals and business entities that hold judgment liens and mechanic liens, etc.

2. What's in it for the listing broker? Well, assuming the listing agent/broker is knowledgeable and experienced in order to close the deal, they usually get their commissions knocked down to 4%-5% after spending hours on negotiations with the lien holders.

3. What's in it for the sellers? Less of a credit hit and a chance to rebuild faster than a foreclosure. A chance to settle their debt (if any) prior to foreclosure. They also can stay in their house for free while the short sale is being negotiated.

How to Approach a Short Sale Listing agent:

Either you or a client spot a short sale listing. Prior to showing, you need to call the listing agent and ask the following questions:

1. Have you submitted a purchase offer to the bank? If yes, do you have a buyer in place for this short sale? In other words, are the sellers planning to sell this house to a friend or relative who will rent back and sell back to them in the future? Is the buyer who submitted the offer a real buyer and are they still around? If the answer is yes, you might want to skip this one unless you don't mind being in 2nd or 3rd position with the offer amount currently presented to the bank. If no, then continue to number 2.

2.  Have the owners applied for a loan modification? If so, has a BPO been done? If so, when was the date of the last BPO. If a BPO was recently done (within 6 months) were you able to get the BPO price? If no recent BPO was done, then continue to number 3.

3. Are you handling the short sale negotiations yourself or are you outsourcing this to a third party? If it is a third party, ask who will be the point of contact for the BPO? If the point of contact will be someone else besides the agent, ask if they are willing to be the point of contact. If no, then skip this one. If the agent will be the point of contact, then continue to show the property to the client.

How to Approach the listing:

Ideally you want it to be owner occupied with the owners home. You show the home to your clients and if they like it and would like to make an offer, then you have your clients inform the homeowners that they would like for their agent (which is you) to submit an offer to their agent. However, they want to submit a low offer so they will be in a better position to negotiate with the homeowner's lender. Have your client explain that by going low, they will have a better chance to negotiate and make the home lendable (as the buyer will need an appraisal done to finance as well) should the market decline while negotiating the short sale. In return for submitting only their offer, your clients will promise to buy the stove (or a pair of shoes) for a few thousand dollars (or whatever you can negotiate based on home values and discounts). It most likely will become a very positive experience as the homeowners are excited that they will profit from the sale of their home and have money to move.

If the owner is not around or cannot be located (vacant listing), then you will need to explain the intention to the listing agent and promise the listing agent that your buyer will guarantee at least a 3% commission to the listing agent. That the buyer will cover expenses rejected by the lender on the HUD-1. That the buyer will pay the difference of what the first lien holder is willing to pay the second lien holder and what the second lien holder is willing to accept.

How to write the purchase offer:

You ask the seller to pay for all expenses, such as (but not limited to): HOA transfer Fees, Title, termite, home warranty, lawyer/escrow fees (depending on your state), etc. In California, I have "each to pay their own" on escrow. You also ask that the seller pay 3% (use a number, not just a general 3%) in closing cost. 

Before I suggest a purchase price, I want to inform you that this works for my area (SoCal) where home prices range from 200k to 2 million and it must be tweaked based on your market area and what experience has taught you. So for my area, I look at the lowest comps I can find. For homes around 100k, I suggest your purchase price to be 30% less than lowest comp you can find. For homes around 200k, 15%-20% below the lowest comp. Homes over 300k, 10% below the lowest comp. For a recent real life example, if Fair market Value of the home is 585k and the lowest comp you can find is 550k, then your purchase offer should be for 500k with 15k for closing cost.  

With the owners making money and the listing agent getting guaranteed commissions, your offer will be the only one presented to the bank. No more wondering where you stand and in what position.

After the offer has been presented to the Bank:

It is very important that you make sure that one of the agents involved is the point of contact for the bank's BPO. It is also important that the BPO cannot gain access to the property without you or the listing agent being there. You (or the listing agent) will need to give the BPO person the low 3 active and 3 recently sold low comps with MLS print outs, a Comparative Market Analysis and you can even take it a step further and provide them with a BPO that you have done, that answers questions such as distance from the comp price to the subject property. It will also answer questions that the BPO will have difficult with. If the property has any damages, you should give a copy of a high repair estimate from a licensed contractor (this should have been submitted with the short sale package as well). You can download free BPO forms from the web. You also inform the BPO agent that this property is in foreclosure and the owners would appreciate any help in getting their short sale approved. Their reaction will tell you what you should expect.  

The End Result:

Your buyers are happy with their short sale property. Both you and the listing agent made full commission. The previous owners have the financial means to move on and avoid a foreclosure. A true win-win-win situation.

Points of Interest:

1. The listing agent should be very experienced with doing short sales and can handle simple issues, such as the 2nd lien holder asking for more than what the 1st lien holder wants. As you gain knowledge and experience with short sales, you are able to gauge their knowledge before hand so you can even determine whether you want to show their listing or not. If I can't convince them otherwise, I personally avoid "highest and best" agents and those who state they submit all the offers to the bank.    

2. The listing agent and/or owner should be educated that submitting the highest and best offer is not always the best thing for them, even in states that have deficiency judgments. Deficiency judgments should be waived in the short sale process.

3. As a buyer or buyer's agent, never spend a dime or give an earnest deposit on any short sale until you have a written approval in your hands from the listing agent.

4. As a buyer or buyer's agent, make offers on as many short sales as you like, and go with the first one that materializes with the terms that are acceptable to you.

5. Inform the buyers they must wait and be patient as to the outcome. My experience gives me the average wait time of 2.5 months. The quickest start to close I had was 10 days and the longest was 1 year!

This has been a no-thrill blog (no pictures and just plain text) to educate agents and buyers as to how to buy short sales at great prices. This works great for my clients and I in my market Area and the numbers and/or process should be tweaked to match your market area. I have been told that my method might be considered unethical and that I am doing a disservice to the owners and their lenders. The fact is, the lenders could care less about the owners. It's all about the numbers with these lenders and they are protecting their investors. My method ensures that the owners will not go into foreclosure. It also allows the property to be marketable when you finally get that approval letter 6-8 months down the road and the buyer walked! Also, I've seen short sales become REOs and eventually sold for less than what the short sale offer price. So in a sense, we are helping the lenders minimize their loss as well. 

Feel free to comment (negative comments are welcomed too!) on the blog, make suggestions, ask questions, etc. I hope this has been of some use to you guys and after reading this, I will see more buyers present offers on short sales!

Satar Naghshineh
Satar - Amiri Property and Financial Services Corp. - Irvine, CA

Some short sales are in foreclosure. Basically it means that the sellers haven't been making payments and asked their bank for permission to short sale it in order to avoid a foreclosure on their credit.

The bank sends an appraisal (called a BPO) to see how much the house is worth so they can determine if they should let it sell for your purchase price or just foreclose and sell it when they own it.

It is very important that one of the agents meet the bank's appraiser and give the appraiser all the lowest things that sold. If the bank's appraisal comes too high, then the bank might reject your purchase offer.

Please let me know if you have any further questions. Have your agent read this blog so they know how to help you buy a house very cheap. All my clients get great deals on short sales.

Oct 30, 2009 05:41 PM
Anonymous
Di

Hi,

I currently put in an offer for a short sale condo, the listing agent asked me to pay $5000 negoation fee. Is this reasonable? Thank you in advance!

Nov 05, 2009 09:15 AM
#38
Satar Naghshineh
Satar - Amiri Property and Financial Services Corp. - Irvine, CA

Sorry for the late reply as I took some time off.

Zero dollars is reasonable. However, if the listing agent was able to get the property negotiated way below market value, I wouldn't mind paying the agent for their work. Also, make sure you only pay if the transaction closes on your terms.

Personally, I charge from 0-20k depending on how well I did on the negotiations.

Nov 12, 2009 04:19 PM
Dawn Uselding
A New Dawn Real Estate Services, LLC - Manitowoc, WI
Short Sale Assistant

I am assuming by your blog that you handle all your own short sales.  Your answer to the negotiation fee question surprised me.  Is that fee paid on top of the purchase price?  It must be outside of the actual offer because I can not see a servicer or lender allowing that fee to come form the purchase price, 

Your question as to whether the listing agent will be at the BPO is a good one.  I am one of those companies that Realtors outsource to.  I always insist that the Realtor be at the BPO and have the low and distressed property comps available.  I also contact the homeowner and have then prepare a list of the negatives for the house including neighborhood negatives.

 

Nov 13, 2009 08:32 AM
Satar Naghshineh
Satar - Amiri Property and Financial Services Corp. - Irvine, CA

Hi Dawn -

I do my own short sales and I process short sales for other agents as well.

The fee is within the terms of the contract and not reflected in the purchase price. For example, they pay 300k for the house and an additional fee which is reflected both on the HUD and a personalized disclosure at time the offer was made.

You are correct, we do put that fee on the seller side of the HUD but it almost always gets knocked down. So we throw it on the buyer's side of the HUD. If the foreclosing lender wants both sides of the HUD and if it becomes an issue with the foreclosing lender(s), then we increase the payout of the listing side of the commissions and have the buyer and buyer's broker enter into a buyer broker agreement.

Thanks for taking the time to comment.

 

Nov 13, 2009 09:05 AM
Dr. Stacey-Ann Baugh
Century 21 New Millennium - Upper Marlboro, MD
A doctor who makes house calls.

Great information.  Thanks for putting this together.  I am bookmarking this so I can come back as I need a refresher.

Jan 05, 2010 12:53 PM
Satar Naghshineh
Satar - Amiri Property and Financial Services Corp. - Irvine, CA

No Problem. I'm seeing this catching on since I wrote it. Please let me know if you need any more help!

Jan 05, 2010 01:05 PM
Freddie Gonzales
WEM PACIFIC Investments, Inc. - Daly City, CA
CRS, GRI, RDCPro

Nice info Satar. Have a great 2010.

Jan 12, 2010 04:17 PM
Satar Naghshineh
Satar - Amiri Property and Financial Services Corp. - Irvine, CA

Thanks Freddie. You too!

Jan 16, 2010 12:05 PM
Anonymous
Brenda

I've been waiting 6 months on my short sale. The house we're purchasing was listed at 260K, we offered the 260 and are in contract and waiting patiently. The BPO was completed but we have no idea of what the value came to. We did our own appraisal hoping to speed up the process and the appraisal came in at 269K. Is that bad? Have you seen banks approve shorts sales with a 9K difference? It took soooo long to get a negotiator and BPO that we kick started the process with an appraisal and would you believe 2 days later a BPO was ordered. another question...should we send in our appraisal? My realto said not yet.

Jan 18, 2010 05:51 AM
#46
Satar Naghshineh
Satar - Amiri Property and Financial Services Corp. - Irvine, CA

If the bank's appraisal comes in at 269k, you will be fine. You should be fine up to 280k for a purchase price of 260k.

Do not spend a dime on a short sale until you get a bank's approval letter in your hands. It was wrong that you paid for an appraisal. Don't spend anymore money! ;)

If the bank's appraisal comes too high, you can send your appraisal to see if the bank will accept it.Normally you won't know what price the bank's BPO/appraisal came in at but the listing agent can find out.

Good luck and feel free to ask any questions or contact me if you need help.

 

Jan 18, 2010 06:07 AM
Anonymous
Brenda

Thanks so much!!! I appreciate your advice :) Do you have any idea how long it usually takes after the BPO is done? I short saled my condo and it took just 4 weeks for approval after BPO was completed...and that was B of A!!! Unfortunalely this is B of A as well ...

Thanks for your time and knowledge.

Jan 18, 2010 06:19 AM
#48
Satar Naghshineh
Satar - Amiri Property and Financial Services Corp. - Irvine, CA

It depends on the way they started the short sale, if they used the fax or a third party, such as Equator,REDC or Titanium. The fastest approval will be 2 weeks and the longest will be 45 days (assuming if the negotiator doesn't pass the ball to another negotiator).

Jan 18, 2010 07:03 AM
Anonymous
A

I put in an offer on a short sale, paid $300.00 in earnest (which is now cashed), had all home inspections done, and now the lender wants $400.00 for an appraisal when the lender still has not accepted my offer (abut the seller did, which I understand is totally useless)? Any advice, am I getting really screwed here? It seems like my realtor and the lender have no clue what they are doing and I'm a first time homebuyer. I want to beat the timeline for the $8,000 and according the the selling realtor, he said they should process the close faster because previous buyers walked out right before it closed, are they all bullshitting me or what? Thanks.

Jan 28, 2010 10:40 AM
#50
Satar Naghshineh
Satar - Amiri Property and Financial Services Corp. - Irvine, CA

The foreclosing lender will never ask you for an appraisal. It seems like the bank sent their appraiser to the house and the appraiser told the bank it is worth way more (or more) than what the offer price is so the foreclosing lender might be rejecting the offer. The only way the agents can counter the bank is if someone pays for another appraisal and then submits it to the bank. Guess who they found to pay for an appraisal...you! ;)

A way around this is to have a real estate agent do something called a BPO. They can get the forms online for free. They then fill it out and send it to the foreclosing lender to see if they can get the price down to around your purchase offer.

Seller approves short sale is useless. It's the seller's lender that really matters.

The process does move faster when it was already approved at a certain price AND your offer will net the lender the same amount or more. However, that is not true if the foreclosing lender in first position is Countrywide.

Finally, I would make sure they didn't spend any of your $300 for anything until you get the approval letter(s) from the foreclosing bank AND it is at the terms you agree with. Personally, I would not have given an earnest but I know some listing agents ask for it.

Let me know if you have anymore questions and thanks for commenting. Hopefully your questions helps someone else.

 

Jan 29, 2010 04:34 AM
Anonymous
A

Thank you so much for answering me. Finally, someone that knows what's going on. I keep Googling and asking around and can't find any help with this and I'm afraid I'm paying for things I shouldn't be.  My realtor that I'm working with asked for the earnest money and the lender I'm referring to is the lender I'm using to finance the loan. I was pre-approved and she is asking for the appraisal money, is this not right? The foreclosing lender is Bank of America (my lender found this out when I refused to pay for the appraisal until the foreclosing lender accepts or at the very least answers to my offer - just used my gut feeling and common sense to stop doing what they ask :) ).  What is your honest opinion, pull out of this? The cutoff is February 15th and I'm really starting to doubt anything is going to happen and I'm not sure who to trust at this point.  My understanding is that I can get the earnest back once I pull after February 15th, and I just lose the money I paid for the home, termite, and radon inspections. I'm in Kentucky if that helps any.

Jan 30, 2010 07:24 AM
#52
Satar Naghshineh
Satar - Amiri Property and Financial Services Corp. - Irvine, CA

No problem. 

You shouldn't be paying for anything until you get written approval letters from the foreclosing lender approving the short sale. It's unwise to pay for inspections and appraisals when you don't know if you're going to get the house or not.

"I was pre-approved and she is asking for the appraisal money, is this not right?"

It's fine if she is asking for you to pay for the appraisal for YOUR loan. However, you shouldn't be doing this UNTIL the foreclosing lender approves the short sale.

"The foreclosing lender is Bank of America"

Then the approval process will need to start all over which can take at least 1.5-5 months. Bank of America is one of those lenders that if the buyer changes on the approval letter, then the entire process needs to start all over. If Bank of America outsources this to another company, then the time for approval can be less.

" (my lender found this out when I refused to pay for the appraisal until the foreclosing lender accepts or at the very least answers to my offer - just used my gut feeling and common sense to stop doing what they ask :) ).

Your gut feeling is correct! ;)

"What is your honest opinion, pull out of this?"

Here's what I would do. Don't pull out. However, look at other homes and make as many offers as you want on the short sales you like. Do not give an earnest deposit on any offer. The first house that gets approved by the foreclosing lender on your terms, you jump on then cancel every other outstanding offer you have.

If you buy another house, see how much money you lost on this transaction and have your real estate agent rebate you a portion of his/her commission back to you to make up for any loss you had to take because of him telling you to spend money on a house that wasn't short sale approved. Any agent who advises their client to spend money on a short sale that hasn't been approved should pay it back if it doesn't go through.

Read this blog. Follow it's instructions and you'll get a home at a great price. If you have any questions, feel free to contact me and I'll help you make the right decisions. My cell is 949-244-0225.You'll just have to remind me who you are and your situation as I speak with a lot of people in a day! ;)

 

 

Jan 30, 2010 08:25 AM
Anonymous
A

Thanks again!!!

 

Jan 30, 2010 10:49 PM
#54
Anonymous
LK

Hi,

Not sure if this blog still works. I submitted an offer (matched the asking price) for a short sale in Los Angeles last week. Today, I was notified the seller has counter offered with a 5% increase to the listing price.  I thought counter offers are made usually made by the bank/lender after buyer's offer has been submitted to the bank. Also, the house is no longer listed as for sale/back up/pending...it has been removed from the Redfin.  I'm not sure what to make of this...

Sep 07, 2012 03:42 PM
#55
Satar Naghshineh
Satar - Amiri Property and Financial Services Corp. - Irvine, CA

Hi LK,

Looks like the listing agent is one of those who likes to submit the highest and best offer. The agent must have gotten a lot of offers and wants to submit the highest offer. Trust me, the seller could care less what the property sold for. Put yourself in the seller's shoes. You owe 500k, the house is worth 300k. Do you care if the buyer pays 250k or 350k? As the seller, you get nothing so you don't care.

If this is the house you want, then approach the seller directly. See what the two of you can negotiate on your own. The seller then can submit your offer to the bank.

Good Luck!

 

Sep 08, 2012 04:20 AM