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7 things I learned doing short sales for past 3 years

By
Real Estate Agent with Coldwell Banker BK 3030358

I have now have closed a lot of short sales in the past three years. My words of wisdom for buyers, and sellers who are considering a short sale.  Short sales can be a great deal typically selling for 10-20% below current market value. BUT, they have a tendency to frustrate buyers, and sellers in the process.

Patience, involvement and realistic goals are helpful to get a short sale closed. Either everyone wins, or everyone loses. The buyer gets a great home, for a fair price. The seller gets rid of a home that is under water, and can potentially wipe out a huge debt while avoiding a dreaded foreclosure. The market benefits because a short sale keeps one less home from becoming a foreclosure, or derelict.


1. There is nothing "short" about a short sale.. Only your patience.

I have closed a short sale in a record 4 weeks. The buyer went to contract the day the home listed. The seller was experienced real estate assistant, who was very involved with dealing with the bank. The bank was the "servicer" and the "investor". Servicer is the bank that payments are made to, and act as an intermediary to the investor who owns the note. In this case, they were one and the same. The home was in excellent condition. The buyers really wanted this particular home. Basically everything went perfect in this deal. Still, the buyers were anxious and considered canceling the contract because it was "taking so long".

2. Most transactions take a few months to get an approval, or counter offer.

It can still take a few more weeks for the " investor" to give written approval. I have experienced negotiators for lenders that will counter, negotiate, and verbally approve a deal, before any acceptance from the investor is given. Certain lenders take longer than others to get assigned a negotiator. This is really the major hurdle to get to an approval. Getting someone at the lender to talk with about a specific deal.

3. Inspections should be done shortly after going to contract, not waiting for "LENDER ACCEPTANCE"

It is very common to sell a short sale home two, three, even four or more times before a buyer sticks to the deal. Most short sale offers are written very loosely with many outs for the buyer. MLS rules dictate that homes "under contract", even short sales have to be put pending. Many times when many hours of work have been invested to get a short sale approved by the lender, the deal dies because the buyer is dissatisfied with the home inspection report. These sales are most often "AS-IS, with right to inspect". The problem is that this is usually tied to the effective date of the contract which is the day the lender gives written approval of the short sale. Short sales are often poorly maintained, and neglected. Utilities are often disconnected, pools are green, lawns are overgrown and full of weeds. You get the idea.

My suggestion for my buyers and sellers is that the major home inspection done within 10 days of going pending. If there are major issues, the buyer can adjust their offer accordingly to account for unknown defects. Also, with a written report the defects in the home can be submitted to the lender to further encourage them to accept the offer. Of course I would always recommend a walk through inspection, or home re-inspection close to the close date to account for any further defects, vandalism, or theft to the property.

4. Realistic list prices and reasonable offers

Some times a buyer will call me with news of a home that seems to good to be true. Most often, they are. A listing agent can under price a home so dramatically that it can bid up the price. In my experience short sale homes will sell for 0-20% under the current, appraised value. So, if the home would be priced at 300,000 under normal circumstances, the same home as a short sale should sell for at least 240,000 and up. Short sales are not fire sales, they have to make sense to the lender and the buyer. . All buyers are looking for a great deal, but that does not mean the bank is going to be willing to take a loss without considering the alternative of foreclosure and resale.

Some listing agents will under price a home by more than 30% market value.  This will get their phone ringing, and the offers flying, but is a disservice to the seller, buyer, and other home sellers in the market.


To be able to "steal" a home, it would be better to first look to foreclosures, and motivated, regular sellers. A property owned by the bank (REO) has to sell. The price will be lowered until someone buys it. Also, motivated regular sellers, that can afford to sell in this market, and "NEED" to sell are sometimes willing to make a deal just to be able to move on. Short sale buyers need to be patient, and realistic with the price they are willing to pay. This means if it is worth 250,000, don't bother with the 50,000 offer.

5. Sellers need to be PROACTIVE in the closing process.

My job as the Realtor is to expose the property to the buying audience. Make the property available to potential buyers, and agents representing buyers. And negotiate a successful CLOSED transaction. I can help the willing, but if someone is drowning in quicksand, I can extend the stick, but I can't jump in to save you. A home seller has to take the process very seriously. One of the most important indicators of a short sale's success is the Sellers tenacity to follow up with the lender(s), maintain the home, organize and prepare the required documents. Of course, My team, and the seller's negotiator are going to be calling and pushing to make the deal go, and keep the buyer updated, but the ones that go quick always have a very involved seller.

6. Hire a GOOD negotiator to assist with the lender negotiations

Short sale Sellers often are having money issues, but acquiring assistance is critical to the success of a short sale. This does not have to cost a fortune either. Options include title companies, that can charge as low as a few hundred dollars, to attorneys that can charge a few hundred an hour. Some firms charge a flat rate to take on a short sale negotiation. The added help is really needed due to the tedious process of following up with lien holders. If you are a buyer and the seller does not have a skilled negotiator involved, be wary. I have closed many deals without outside help, but the cost is greatly outweighed by the benefits for the seller. I have many options for the seller to consider.

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When you need the help of a FULL-TIME, Top-Producing, agent in Manatee County please know I am here to help.

Call/Text/email me anytime.  I am an experienced agent who can deal with short sales, bank owned homes, vacation homes, and everything in between.

Joe Murphy, Broker-Associate 

Coldwell Banker Residential Real Estate

941-780-3260 cell

941-840-0150 office

joe@manateemoves.com

www.manateemoves.com

Bob Jakowinicz
National Realty Centers Livonia--Bob Jakowinicz - Livonia, MI
Michigan Real Estate Agent-- MI Real Adventures

Great Post we need more of the buying public to understand what a short sale is all about.  We do our best to council them before they put an offer in but they still find it very difficult to wait so long. 

Sep 09, 2009 12:52 AM
Linda Greco Rich, ABR, SRES
Exit Preferred Realty - Bel Air, MD
Harford County Specialist

Sound advice. I have a buyer who wants the tax credit, but I'm sure the settlement won't take place before Nov. 30!

Sep 09, 2009 12:58 AM
Marney Kirk
Cummings & Co. Realtors - Towson, MD
Towson, Maryland Real Estate

Joe, what a fanastic post. I am going to share with a buyer who is convinced a short sale is the way to go -- but he doesn't have much patience! ;-)

Sep 09, 2009 01:20 AM
Michael Bergin
Coldwell Banker Residential Brokerage - ABR - SRES - Alexandria, VA
Northern Virginia Real Estate

I also have a buyer who is counting on the $8k tax credit. I think she will make it. We have a settlement company which is working hard to make it happen. The sellers agent is not much help, but we did get the sellers to rent the property to my buyer because the process was taking so long.

She had not been able to extend the lease on her apartment, so she had no place to live. Now the financing approval will expire in a few days, so we will have to go thru that process again.

Sep 09, 2009 02:20 PM
David L. Montgomery
MULAMONT REALTY, LLC - Pontiac, MI
David L. Montgomery

Thanks for the direction.  Lately I have been getting short sale listings for multi-family dwellings (2 and 4 units).  I've been preparing CMAs to get a true market value and pricing accordingly.   Another agent in the office keeps telling me -- why waste your time; no bank is going to go along with a short sale for an investment property.  Is he right?

Sep 09, 2009 02:25 PM
Daniel J. Hunter
REALTOR® - New Port Richey, FL

I would love to hear about all the outs a buyer has on a Short Sale (hint: another blog post & another 225 pts *wink wink* )

 

In my very limited short sale experience the banks have all the outs.

Sep 09, 2009 02:26 PM
Pat Mullikin - KW Milwaukee
Keller Williams Milwaukee - Brookfield, WI

Joe, In your opinion, how involved should the listing Realtor get in the negotiations with the lender? I have a great fear that delving too far into that grey area may get someone into trouble for practicing law. What is your opinion of some of these courses and designations in distressed properties? Is the training worthwhile? Do you think the government will eventually intervene in short sale processing practices?

Sep 09, 2009 03:03 PM
Dora & Vincent Kwok
HomeSmart Real Estate - Chandler, AZ
CNE - Chandler, Arizona Real Estate

If hiring a negotiator, make sure you understand the laws and rules for your state and your broker.  If you are negotiating real estate in AZ, you need an AZ RE license...some brokers will not allow third parties(agents not working for the broker) to negotiate for their agents (based on interpetation of AZ Statues).

Sep 09, 2009 03:28 PM
Chris Olsen
Olsen Ziegler Realty - Cleveland, OH
Broker Owner Cleveland Ohio Real Estate

Hi Joe -- Solid advice, spoken from the trenches.  There is no substitute for experience.

Sep 09, 2009 03:56 PM
Christine Donovan
Donovan Blatt Realty - Costa Mesa, CA
Broker/Attorney 714-319-9751 DRE01267479 - Costa M

This is a great informational post to help people understand how short sales work and the pitfalls for all the people involved so that they can work together to make it successful.

Sep 09, 2009 04:03 PM
Joe and Molly Murphy
Coldwell Banker - Bradenton, FL
Put our Team to work for your Family

Hi everyone!  Thanks for the feedback and questions. 

David,  I would go for the multi-family for sure.  Investment properties have been easier to deal with in my experience.  I think there is less volume of income property, (for now at least.)

Daniel,  I agree the banks do have all the outs, the can just deny a short sale, they can be unreasonable to market value, or just change their mind.  Thanks for the idea for a topic!

Pat, practicing law or giving legal advice is outside our scope of practice.  I always will recommend my customers to consult appropriate legal or financial professionals.  There is a lot of trainingprograms out there.  I would look at the all with a open and critical mindset.  I have found that if my customer stays involved and retains appropriate help that the deals go smoother.  I hope that standards of practice develop for the entire industry, as they have become self created by local MLS boards. There are many non-Realtors jumping in the "foreclosure-rescue business"

Dora and Vince,  I agree.  I would recommend that agents work within the scope of their license for their market.  Interesting to see how real estate is sold in other areas of the country.

Thanks for the input. 

Sep 09, 2009 05:03 PM
Bob & Carolin Benjamin
Benjamin Realty LLC - Gold Canyon, AZ
East Phoenix Arizona Homes

For sure they are anything BUT short --- all the best and thanks for the post - should be helpful for those not having done many short sales.

Sep 09, 2009 06:09 PM
Satar Naghshineh
Satar - Amiri Property and Financial Services Corp. - Irvine, CA

Regarding #3 - I suggest you have inspections done at the time of taking the listing so you can send in the high estimates of repair to the lender and give it to the BPO. There are licensed contractors that will do it for free (in my area). I suggest you locate and partner with one. Same goes for termite. That way you can put the costs on the HUD.

Regarding #4 - Keep in mind 20% might work in your local market area, but maybe it won't work in others. In some of my market areas, I can get away with 30%-50% of FMV by showing the BPO agent the low comps. In some market areas, I'm lucky if I can get away with 10% below BPO results.

Regarding #6 - NAR released "7 legal pitfalls of a short sale" in which this might get in you in trouble. I would do it if it is free, if it is disclosed to my client prior to taking the listing, if it is legally allowed by state laws AND if I can trust the company to go out of their way to make it work.

 

Just my 2 cents of my 3.5 years of doing short sales. ;)

Sep 09, 2009 06:22 PM
Peggy Duffy
The Bailey Team Real Estate - Chantilly, VA

My husband and I bought a short sale investment property earlier this year. Patience was the word, but the listing agent was on top of things and updated us weekly. Made all the difference. I don't know that I'd have wanted to pay for the home inspection prior to bank approval. We used the NVAR (Northern Virginia Association of Realtors) short sale form where all contingency deadlines kicked in after receipt of lender approval for the sale. But this house was in very good shape.

Sep 09, 2009 11:40 PM
Gene perez
Greater Mortgage Solutions & Valley Hills Realty - Santa Maria, CA

Great Posts ,, I just wish the banks were more consistent in the process as well as hiring more qualified people.  I can't see why not they got billions of dollars and it costs more money to foreclose and have that house just sit there.

Sep 10, 2009 06:58 AM
Michael J. Perry
KW Elite - Lancaster, PA
Lancaster, PA Relo Specialist

Good post- I bookmarked it !!!!

Sep 10, 2009 08:50 AM
Sharon Alters
Coldwell Banker Vanguard Realty - 904-673-2308 - Fleming Island, FL
Realtor - Homes for Sale Fleming Island FL

Joe, congrats on the Gold Star! This is a very practical post with some good information concerning short sales.

Sharon

Sep 11, 2009 03:33 PM