In a previous post, I relayed the story of sellers who are gaming the system and did not intend to sell or move out. This is not an isolated case, and others have also told about their own experience in being interviewed for, or taking a short sale listing.

These sellers may use the short sale tactic to delay being foreclosed or evicted while they find another way to keep, or stay in the house.

RED FLAGS to watch out for, and I invite others to add to this list for future reference. 

While discussing the short sale listing:

  • Sellers don't want a lockbox
  • Sellers don't want a for sale yard sign
  • Sellers won't give you a duplicate key
  • Sellers won't give you the code to the security system and insist that they want to be at the house for all showings
  • Sellers give very strict times to show, like only on Mondays between 6-7 pm
  • Sellers won't give you letter of authorization to contact the lenders
    • If you do have the authorization, you should check frequently to see if the sellers are doing a loan modification. That's a dead give away that they won't or don't want to sell.
  • Sellers delay providing essential information to complete the short sale package that will necessitate their personal financials (tax returns, pay stubs, bank statements, income/expense statement)
  • Sellers are too picky about how to write the hardship letter, the photos and property description
  • Sellers make it hard for you to take photos because the house is a freaking mess
  • Sellers will argue about your list price, insisting that the price be at, or close to what they paid for it even though you show proof of current market value
  • Sellers will argue about your commission even though you tell them the short sale lender will make the final decision about it

And when you do get the listing:

  • During showings, and if the sellers are there, they talk so much about "problems" with the house to discourage would-be buyers
  • Sellers do not make any attempt for up-keep
    • If they do want to sell it, they would make it presentable and appealing to buyers
  • Sellers don't make themselves available to look at, much less discuss offers

When you have offer(s): 

  • Sellers insist on countering offers, sometimes, over the silliest details
    • For example, they will want to uproot certain plants (that Myers lemon tree in the back of the house) because of "sentimental" value
  • Sellers won't accept an offer AT the list price --- that's a HUGE RED FLAG --- and nitpick the offer
  • Sellers don't provide a complete disclosure package regardless of how many times you explain they need to provide this info. Their only reason: it's an AS IS sale, take it or leave it
  • Sellers say they need to consult with this or that person who aren't on title

When you are in touch with the short sale loan negotiator

  • Sellers won't respond to request for updated financials the loan negotiator needs (the file wasn't opened for 2 months, the previous financials are old) because they say they already gave that information once before, and don't want to do it again

When you are ready to close

  • When the short sale is approved by the lenders, and it's time for the buyers to have appraisals and inspection done, sellers aren't available at the requested times
  • Sellers don't show evidence of packing to move out
  • Sellers don't want to move, and ask if they can rent the place
    • Or worse, Sellers don't want to move, and want Cash for Keys
    • They dare you to evict them
  • Sellers keep asking for postponement of closing, and going through the drama of not finding a suitable home to move to
  • And....when checking with the lenders, you find out that:
    • the sellers filed for loan modification
    • the sellers filed for bankruptcy


What have you run into?

 

 
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7 Comments on RED FLAGS: Are short sale sellers selling, just or stalling?

OCT
01

No short sales for me.  But your blog is very interesting, and very complete.  I wonder why they'd want to stall their sale.

12:46pm • #1

Dealing with one of these posers would be horrible!!  So far we haven't had any issues like this. 

1:29pm • #2
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You would think we all would be smarter and share this type of warning more often.

Thanks for the insights.  Makes you wonder about people.  Folks do not want to play by the rules anymore.

Dominick

4:49pm • #3
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I've had some who had no interest in a loan mod decide they wanted one in the middle of the short sale because somebody told them that was better.  This despite the fact that we discuss the options at the intitial consultation.

6:08pm • #4
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Gregg --- Why were they stalling? These folks have lived in their house for 2 years without paying their mortgage. When a property is going through a short sale, some loan negotiators even tell the sellers to miss "some" (usually 4) months....then while it's being marketed, the property is on "hold". By the time they get an offer, it's another 2-3 months before the loan negotiator gets a chance to look at the file. All these months of non-payment add up to almost a year.

Brian and Marie  --- and hope you don't run into these situations either.

Dominick ---- some people play by their own rules

Christine --- some people listen only to what they want to hear, and "conveniently" forget the rest

 

 

11:25pm • #5
OCT
02
141,177 Points

Pacita:  I have run into all of it ... from the Buyers side ... not the listing. When I take a short sale listing ... I know the sellers motivation ... and if they do not agree to a yard sign, lock box, etc., then I do not take the listing. It's that simple. Short Sales are enough work just dealing with the banks...no point in adding to that with a seller who does not want to move!

9:28am • #6
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Kathleen --- On the buyers' side, I've seen it to. Just called an owner to make an appointment. and they don't want to show the house except during open house, no exceptions. Told the listing agent that they don't sound like they're serious about selling the house.....

 

6:29pm • #7

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Pacita Dimacali - e-PRO, SRES, CDPE, MBA East Bay, North CA real estate

Alameda, CA

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