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When should you use a third party short sale negotiator?

By
Real Estate Agent with Alain Pinel BRE 01367196

Handling short sales was challenging...in the beginning. 

There surely was a learning curve getting to do it the first time. Thank goodness for the wealth of information on line! Also, as short sales started becoming a more common occurrence, even in our coddled island community, we were introduced to how-to seminars where we picked up even more information.

But at what point would you want to turn over the short sale negotiation?

If there is only one lender, it's easy as pie, comparatively speaking.

But if there are more lenders, particularly if they are two DIFFERENT lenders, it becomes tedious, challenging and frustrating.

Lenders who won't approve short sales

My first experience handling two different lenders was horrendous. Neither lender wanted to open the file unless there is an offer on the table.

So I hurriedly gathered all the pertinent information (financials, etc.), listed and staged the property, held broker's tours and open houses, created a visual tour. Received a really, really good offer that I happily turned in.

Then CRASH and BURN! Downey Savings is the first lender, and they sold the note to Deutsche Bank who will not do short sales or deed in lieu of foreclosure. There was nothing we can do. So we let it go. But why couldn't they have told me this from the beginning?

SEE:

Second lender plays hard ball

Then there is the case of the second lender who will dig in their heels and demand a pay off equivalent to  5-6% of purchase price. I have one such short sale where the both loans are with Bank of America. Second lien holder is unyielding. So we are negotiating with the buyer to make up the difference. There is hope....

Third party short sale negotiators

Throughout all these...I just can't picture myself going through the hassle of follow ups, negotiations (arguing, begging, strategizing). I want to concentrate on other things and leave this part (especially the frustration) with the negotiators. Besides, I want to keep my blood pressure from boiling point.

So here are the two that I have used, and will use again. They charge a fee for the service, against the commission on the listing side. No charge if/when the escrow doesn't close.

Mortgage Resolution Services (fee is 30% of listing agent's sales commission)

Short Sale Advantage (20% of listing agent's commission, and must use Placer Title Company)

Do you have other recommendations?

Comments(3)

Bill Gillhespy
16 Sunview Blvd - Fort Myers Beach, FL
Fort Myers Beach Realtor, Fort Myers Beach Agent - Homes & Condos

Hi Pacita,  I was looking for info on short sale negotiators !   I've worked on deals involving a third party negotiator and honestly didn't see any difference !  I was on the buy side and the time frame seemed quite typical.   Are the advantages mostly on the "list " side ? 

On your recommendations you list 20 - 30 % -  what are these figures ?

Sep 01, 2009 07:22 AM
Pacita Dimacali
Alain Pinel - Oakland, CA
Alameda/Contra Costa Counties CA

Hi, Bill

The advantage is on the listing side (and they're the ones who will pay the fee to the third party negotiator) when the transaction closes. When I handled my first short sale with two lenders, it was so frustrating and so time-consuming that I swore to myself, never again!

Short Sale Advantage charges a fee of 20% of list price --- no charge if the sale doesn't go through

Mortgage Resolutions Services charges a fee of 30% of the list price --- also no charge if the sale doesn't go through

Sep 01, 2009 07:30 AM
Satar Naghshineh
Satar - Amiri Property and Financial Services Corp. - Irvine, CA

Hi Pacita, from what I understand is that BofA will let the policy of 5% of purchase price go if the first is with BofA or Countrywide. However, your statement of "So we are negotiating with the buyer to make up the difference." is the best way to handle this. That's why we should use low offers when negotiating short sales so the buyers have no issues paying for these expenses and others, such as the short sale processing fee.

I work with other agents in my area where we will process and negotiate the terms for them for a flat fee only if it gets approved and the file closes. We'll have the buyers pay for this service and we don't touch their commissions. In fact, we can see if we can get them at least 6% by having the buyers pay.

Also, I guess you mean 20% and 30% of the listing side commissions, not list price! ;).

Sep 03, 2009 10:20 PM