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Short Sales - MHA guidelines will allow the lender/servicer to set the list price

By
Real Estate Agent with Keller Williams Boise
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Short Sales - MHA guidelines will allow the lender/servicer to set the list price

Are you familiar with the MHA guidelines regarding short sales and deeds in lieu of foreclosure?  You'd better be. 

As the Treasury Department works to streamline the short sale and deed in lieu process, lenders will begin implementing them as they bring trained loss mitigators online. 

You can review the guidelines by clicking here.

The following raised an eyebrow:

"Property Valuation: The servicer will independently establish both property value and the minimum acceptable net return in accordance with investor guidance and will provide instruction to the borrower regarding the list price and any permissible price reductions. The price may be determined based on either: (1) an appraisal performed in accordance with USPAP and/or (2) one or more Broker Price Opinions either of which must be dated within 120 days of the Short Sale Agreement."

It appears that the pricing will be taken out of the hands of the real estate professional and handed over to the loss mitigators.

This largely leaves it up to BPO agents and appraisers to determine market value.  My concern is not as much about the appraisers as much as it is about BPO agents.  This is a wildly unregulated selection process and any agent wanting or needing make a buck is after these things.  That brings the good with the bad.

Idaho state law says you have to be a broker to do a BPO but I know from the number of short sales I've done that the agents doing BPO's were in fact no brokers. 

Is this a good or a bad thing?  I guess we'll have to see how the values start coming in.  There are many other changes to the short sale process coming and I recommend you make yourself familiar with them.

 

 

Jane Peters
Home Jane Realty - Los Angeles, CA
Los Angeles real estate concierge services

How do they determine the "minimum acceptable net return"?  What really has changed because aren't short sales about what the bank will be willing to take? Also, I would think the appraiser will be the final say.

Oct 13, 2009 10:07 AM
Brian Brumpton
Keller Williams Boise - Boise, ID
Boise Idaho Real Estate

Jane,

The difference being that the price will be determined by loss mitigation upfront.  The agent will be told what to list it for.

Instead of the agent determining market value, the bank will do it for them.

Oct 13, 2009 10:26 AM
John Pusa
Glendale, CA

Hi Brian,

A very helpful article, thank you for sharing it.

John Pusa

Oct 13, 2009 03:18 PM
Janna Scharf
Keller Williams Realty Coeur d'Alene - Coeur d'Alene, ID
Coeur d'Alene Idaho Real Estate Expert

Very interesting, because my first thought was like Jane's.  We all know that the process needs an overhaul, but I think this may just be going from the frying pan and into the fire. Congratulations on your ranking of #1 in Idaho, you deserve to be there!

Oct 13, 2009 04:46 PM
Brian Brumpton
Keller Williams Boise - Boise, ID
Boise Idaho Real Estate

Janna,

Thank you.  My concern with the process is having the banks end up just going through the motions, saying they tried, collecting their funds, and foreclosing anyway.  The new guidelines also allow the lender/servicer to set the length of the listing agreement.

Oct 13, 2009 11:58 PM
Kate Bourland
Marketing with Kate - Redding, CA
Onlilne Marketing Mobile Marketing

My first thought on this is that this is another attempt by the banking industry to find a way into the Real Estate market.  I can't get rid of the little voice in the back of my head telling me that part of the reason banks are sabotaging the Real Estate market is in an attempt to find a way to get Congress to let them sell Real Estate.

Oct 14, 2009 04:25 AM
Janna Scharf
Keller Williams Realty Coeur d'Alene - Coeur d'Alene, ID
Coeur d'Alene Idaho Real Estate Expert

ooooo Kate, I think you just might have something there....

Oct 14, 2009 05:26 PM
Rich Cederberg
eXp Realty - Albuquerque, NM
eXp Realty Agent Albuquerque

Kate-that is a scary prospect indeed!

Brian-I have seen some bogus BPO's, that's for sure.

Oct 16, 2009 02:10 PM