I'm facing a Bank of American short sale from the buyer agent side and though I will remain optimistic it makes me wonder what are the banks thinking?

We have ready willing and able buyers who can take these toxic loans off the books.  Instead they are forced to jump through hoops and in the end the lender does what seems to make the least amount of sense.  Refuse a market value buyer in favor of foreclosure.  No buyer is going to stick around for a year while a bank figures it out.

Via Chris Ann Cleland, GRI (Long & Foster, Gainesville, VA):

Bank of America short sales and their endless runarounds and contradictions have left a bad taste in my mouth for this banking and lending institution.  Two years ago, my largest short sale problem was Countrywide.  Countrywide would take many months to review files and just when you were getting ready to dig your own grave, the approval would come through.  That wasn't the end.  Just because Countrywide approved your short sale, didn't mean squat.  I had an approved file closed for not sending in a form that Countrywide never asked us for.  That was dealing with Countrywide.

Well, when a seemingly good bank (Bank of America), swallows a large problem whole (Countrywide), you know the outcome. The problem remains, but under a different name. Bank of America.

I had been working on a short sale with Countrywide/Bank of America for well over a year.  It was a divorce.  The first contract we sent at the beginning of the listing, was denied in one month.  Why?  Not enough money.  It was the the highest offer we would ever see on the property in question.

The second offer came about six months later.  Was with Countrywide/Bank of America for three to four months.  Lower offer, but the writing was on the wall.  The local market was in decline. The neighborhood where the property was located was in a steeper decline.  Those months it took to accept the offer came back to haunt Countrywide/Bank of America when the buyer's appraisal came in.  It was nearly $20K off the accepted sales price.  Countrywide/Bank of America refused to accept the appraised value and my sellers were forced to kick that buyer to the curb. 

Put the property back on the market, not expecting what we really needed.  A cash buyer willing to overpay for the home and forgo their own appraisal.  My short sale prayers were answered when that third offer came in.  My sellers sent it in.  It was the amount that Countrywide/Bank of America has refused to move down from in our second scenario AND, there was no seller subsidy as there had been in that second scenario.

Despite what should have been flagged as a slam dunk, Bank of America (no longer calling the monkey on its back Countrywide) took four months to get back to us on this deal.  The deal was accepted BUT, the approval letter wa not the same approval letter as Countrywide had sent before.  This one left my sellers wide open to collections in the future for the shortfall of the mortgage payoff.

We asked Bank of America to remove that wording. After all, they had received MEGA money from the U.S. Government to help them cover such shortfalls.  Seemed qutie greedy of them to take from the government and then threaten to take that same shortfall amount from my sellers.  The loan would be repaid and then some.

When Bank of America refused to changed their short sale approval letter and remove the collections language, my sellers declared bankruptcy and told Bank of America to shove it.  My sellers refused to move forward with the short sale, and who can blame them?  Now Bank of America has paid the attorney's fees to foreclose (estimated at a low end of $40K in my state) and will continue to face the same or worse market conditions.  Not a good business move, but that's Bank of America for you.  Wasting America's money!

 

Chris Ann Cleland, Realtor- Licensed in Virginia, GRI & Short Sale Specialist. Affiliated with Long & Foster, 7526 Limestone Drive, Gainesville, VA 20155.  To contact Chris Ann, call 703-402-0037 or email chrisann@LNF.com.

 

 
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15 Comments on Bank of America Short Sales and Their Endless Runarounds and Contradictions

OCT
24
308,982 Points Outside Blog

You have stated some good reasons for real estate professionals and their buyers to avoid short sales. Many clients are lost due to the frustrations of short sale transactions.

Bank of America officers have stated that only 5% of their short sale transactions reach settlement. Those are not good odds.

10:28am • #1
678,582 Points 145 Featured Posts Localism Sponsor Outside Blog Hit Router

Cindy - what more can I say but I AGREE. Several times over. BUyer frustration is at it's peak in some market segments. And no end or signs of improvement in sight.

Jeff

10:28am • #2
156,064 Points 2 Featured Posts Outside Blog

The thing to remember is that BofA is making money off of the loan even if the borrower is not making their payment, they get paid to service the loan.  The investors are the ones that will lose, not necessarily BofA.  They don't really have much incentive to do a short sale in a timely manner.  You can count on 4 to 6 months for a BofA short sale.

10:29am • #3
391,802 Points 9 Featured Posts Localism Sponsor Outside Blog

Cindy:  Thanks for the reblog.  This one really hit a nerve.  Better get your fingers ready for a lot of responses.

10:59am • #4

Cindy, boy did you hit my sore spot!!! BoA is shooting themselves in the foot big time.  Janet and I have been doing Short Sales for years and only take a BoA listing if it meets our criteria.  As for buyers we definitely show them short sale it would be wrong not to, however we make sure who thie banks(s) are and if it is BoA we surely let our buyer know the pitfalls...

11:27am • #5
475,808 Points 41 Featured Posts Localism Sponsor Outside Blog Hit Router

Roy-I'm not for complete avoidance of short sales.  I've closed them but when you read a post where you see such major mistakes by a bank such as BoA you have to wonder why the government felt they deserved a bailout.

3:19pm • #6
475,808 Points 41 Featured Posts Localism Sponsor Outside Blog Hit Router

Jeff-I've spent the last two days showing properties in a confined geographic area outside of DC.  90% of them are short sales and if a buyer wants a house they are going to have to face the pain and agony that comes with a short sale.

3:20pm • #7
475,808 Points 41 Featured Posts Localism Sponsor Outside Blog Hit Router

Jeff-unfortunately what the long timeframe does is force buyers to continue to look and possibly submit multiple offers.  It breeds the type of behavior that drives listing agents crazy, buyers who back out because they just can't wait.  It shouldn't take 4-6 months and certainly not a year for a lender to know whether they are going to approve the sale or not.

3:22pm • #8
475,808 Points 41 Featured Posts Localism Sponsor Outside Blog Hit Router

Chris Ann-your experience is one that needs to get to the eyes and ears of as many people as possible.  I'm not sure I wouldn't consider sending it to your Congressman and Senator to remind them that while they continue to bail out the banks, the ordinary person is getting stiffed.

3:23pm • #9
475,808 Points 41 Featured Posts Localism Sponsor Outside Blog Hit Router

Richard and Janet-after reading all of the BoA horror stories I am certainly going to have a frank discussion with my buyer.  We may have to strategize on a Plan B, C & D.

3:24pm • #10
OCT
25

I have heard so much negative comments about BoA, I think I will move my personal stuff out of there!! I don't have much, but it will be gone when their doors open tomorrow! I will avoid them like the H1N1 (aka Swine Flu)!!

9:12am • #11

Hey Cindy,

We closed a short sale this month with BofA and yes, a blog will be coming.  It was really an awful experience, but we did close.  Our thoughts are that BofA just doesn't care about customer service anymore.  Our clients got a BofA loan to get a BofA short sale so it was a double nightmare.  They don't care on the loan end and they don't care on the short end AND GOD FORBID that they might work together. 

10:06am • #12

Cindy,

One must wonder when banks STOPPED caring about their reputation in the industry!?!  I would think twice (three, four times!) before I'd ever sent a customer/client to use a bank who has NO CONCERN about their reputation!

Great blog.... sorry it was such a horror story for you.

Kathy Opatka

12:59pm • #13
1 Featured Post Localism Sponsor

I know of short sale producers and programs that won't even touch a short sale with BofA because it is such a waste of everything, time, ink, and energy.

9:09pm • #14
OCT
26
Outside Blog

Hi Cindy,

Great post! This is happening with loan mods too. They play so many games and it just seems that they are really trying to force people into foreclosure at times. Everyone is complaining about B of A (and a few others) and I just have to wonder when the government is going to sit up and take notice.

12:27pm • #15

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Cindy Jones-Northern Virginia Real Estate & Military Relocation Services

Woodbridge, VA

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