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Banks don't want to foreclose, or maybe they do

By
Real Estate Agent with Keller Williams Boise
www.brianbrumpton.com biography featured listings Boise Relocation Information Local Boise Events Search For Boise Homes Free Reports About Real Estate

First and foremost, I'm a big proponent of short sales.  Done right, short sales can be a win-win for everyone involved.  The lender lowers their loss, the seller avoids foreclosure, and the buyer gets a great deal.

So this is one that left me scratching my head and if anyone would like to explain please chime in. 

The story goes:

I had a property listed and after some time on market we eventually settled ended up at $129,000.  How did I get to this price?  Well after the first offer went south the negotiator advised me to lower it to that price and let him know how it progressed. 

Another offer came and wen while we tried to get the first (Chase) and second (Resurgent) to play nice with each other and agree on who gets what.  After some mediation I did get the first to approve a higher payout to the second and in comes a third offer.  Now the second decides to 180 on me and wants even more money. 

The buyer who really wants the house arranges to borrow the additional funds.  All is well until Chase comes back and says that the home is price too low they have a BPO that supports a higher value (don't get me started on BPO agents, there are a lot of people running around doing these who have no business establishing value).  Odd, considering I priced where my negotiator from Chase asked me too.

Ultimately with the second digging their heels in and not responding and the first deciding they wanted to increase their net, the buyer decided it wasn't worth it and moved.  My seller who had run the emotional gamut 3 times in a row decided to throw in the towel.

Well I decided to attend the auction just to see exactly what the lender was going to net. 

As bidding progressed the home eventually sold for $98,100.

The net for the short sale offer we submitted to the lender was $110,931 to Chase with the sellers willing to sign a promissory note to the second.

The rocket scientist in loss mitigation cost themselves an extra $12,831 and Resurgent got a big fat goose egg.

I've told clients that banks don't want to foreclose because it costs them more money than a short sale many times, but I'm starting to wonder if the monkey's in loss mitigation know that.

Anonymous
Gayle Farley

Hi Brian,

I really understand your frustration as we are in the same boat here in Reno, Nevada.  I had a neighbor that was foreclosed on, but, before that happened he got an offer on his property for $425,000 - the bank turned it down and took the house.  The SAME buyers came back and offered $375,000 - the bank turned it down.  Again, after months of the house sitting, the SAME buyers came back with an offer of $350,000 - turned down.  Guess what - they made another offer and got the house for $300,000.  Makes sense doesn't it????  By the way, as I live in the neighborhood I had a pretty clear idea of what the house was worth when the sellers went into foreclosure and that was about $400,000.  What are the banks doing with all this TARP money????

Nov 06, 2009 07:23 AM
#1
Richard Weisser
Richard Weisser Realty - Newnan, GA
Richard Weisser Retired Real Estate Professional

Brian...

They lost more than that after they paid the attorneys!

Featured in the Group "Whacked!!!"

Nov 06, 2009 08:06 AM
Wanda Kubat-Nerdin - Wanda Can!
Red Rock Real Estate (435) 632-9374 - St. George, UT
St. George Utah Area Residential Sales Agent

More money = short sale / Less money = foreclosure...it's simple! The banks should get on board! No monkey math necessary! You did what you could Brian.

Nov 06, 2009 08:19 AM
Cara Pearlman
Frankly Real Estate, Inc - Bethesda, MD
Realtor - ABR, SFR

It is so frustrating to put forth all of that effort only to have some one (most likely in another state) sitting behind a desk mess it all up for you and the Seller as well as potential Buyer. I work more with foreclosures than short sales and have seen banks pass up offers from ready willing and able buyers with the hopes of getting something higher down the road. It rarely ever works out in the bank's best interest!

Nov 06, 2009 08:34 AM
Brian Brumpton
Keller Williams Boise - Boise, ID
Boise Idaho Real Estate

Richard,

Thanks for the feature.  You have to wonder if those numbers come up in a performance review since it is loss mitigation's very purpose to save the bank money.

Nov 06, 2009 08:36 AM
Brian Brumpton
Keller Williams Boise - Boise, ID
Boise Idaho Real Estate

Cara,

Gayle's comment above describes exactly that.  You can't win them all I guess, but it doesn't stop me from trying.

Nov 06, 2009 08:50 AM
Brian Lee Burke
Kenna Real Estate - Lone Tree, CO
Broker & Advising Expert-Kenna Luxury Real Estate

Brian - well I thought I was pretty good at math but I guess not! Is that calculating any other costs that the bank might have had to cover? Well they do pay the people working at loss mitigation too don't they... And whether it is the bank or the investor, whatever I thought it's all about the best possible bottom line!!! Ok, I'm done guessing, I'm coming down with something, need to go to bed :( ~Rita

Nov 06, 2009 01:49 PM
Lina Robertson
AMAX Real Estate - Springfield, MO
REALTOR® Serving Springfield, Nixa and Ozark, MO

Brian - many of these loans are insured by Freddie and Fannie.  The bank doesn't actually lose anything.  As a matter of fact, Fannie and Freddie will actually cover the expenses they incur to foreclose.  I learned that the hard way in a deal.  And we wonder why Fannie Mae is in trouble.

Nov 06, 2009 03:24 PM
John Cannata
214-728-0449 http://TexasLoanGuy.com - Frisco, TX
Texas Home Mortgage - Purchase or Refinance

Sometimes the lender just wants to be a little greedy. Typically, it is the second lender that messes things up.

Nov 06, 2009 03:39 PM
Tom Braatz Waukesha County Real Estate 262-377-1459
Coldwell Banker - Oconomowoc, WI
Waukesha County Realtor Real Estate agent. SOLD!

Brian

You worked hard on this; sometimes I just shake my head and wonder what banks are thinking.

Nov 07, 2009 02:24 PM
Janna Scharf
Keller Williams Realty Coeur d'Alene - Coeur d'Alene, ID
Coeur d'Alene Idaho Real Estate Expert

The monkeys in loss mitigation DO know , but they don't care for, the reason Lina stated above.   

Nov 07, 2009 05:48 PM
Malita Jones
Sky Realty, Inc.- 512HomeStore.com - Austin, TX
Austin Texas Home Sales

I honestly don't understand the banks positions on "trying to keep a home from foreclosing" slow to NO response times, uncooperative case workers and an all out mess - I've seen severeal short sales go to foreclosure simply b/c they couldn't get anywhere with the bank

Nov 09, 2009 06:51 AM
Kryste Adams
RE/MAX Key Properties - Luxury Homes, Golf Course Homes - Bend, OR
Bend, Oregon Real Estate

I'm starting to wonder if there is any rhyme or reason to the banks decision.  I just got an answer from a bank on a short sale.  They countered HIGH and no where near comps in the area.  At the new bank approved price this one is destined for foreclosure.

Nov 10, 2009 02:32 AM
Team Honeycutt
Allen Tate - Concord, NC

This one scares you and they all scare me.  I am trying to educate myself on everything I can and I still feel ill prepared.

shelton

Nov 10, 2009 08:20 AM
Jody Keating
Jody Keating Connective Realty,LLC, Bryan/College Station,TX - Bryan, TX
Broker/MM/Realtor, Bryan / College Station, TX

Brian,

That is all so frustrating. Sometimes I think that banks only want control. It doesn't matter when the deal is a good one or not so long as they get to call all the shots.

:)

Nov 11, 2009 11:05 AM