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So You Have a Short Sale Lined Up - When Does a Short Seller Receive Money from the Sale - Step #8

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Services for Real Estate Pros with AZ Veteran Notary Services CA BRE 01444168

So You Have a Short Sale Lined Up - When Does a Short Seller Receive Money from the Sale - Step #8
by John Occhi, Hemet - San Jacinto Valley REALTOR
Hemet - San Jacinto CA Real Estate

I was recently working with a short sale seller recently who was really hurting.  Yes he and his wife had made a mistake or two in managing their resources.  This does not make them bad or evil people, does it?  Certainly their woes are no less than my own.

I was able to find an investor who wrote a successful offer on their property - but the poor kids literally had no money left.  You see, he lost his job, his wife had trouble earlier in the year with a pregnancy that kept her from working for over six months and they had two other pre-school children to care for and love.

He had found a job closer to LA but he couldn't afford the rent there.  They weren't trying to move up in the world - they just needed a place to live so he could start his new job.  They actually were scared out of their mind that they would be homeless living out of their car until he could get a paycheck or two under his belt...and what would he do with all of his stuff.

The investor, being a good hearted man knew he was gong to make aver $20,000 on the deal that he had under contract - already have found a qualified buyer to step right in and bring the money to close the escrow without it ever going into his name.  He was a happy camper.

He was a happy camper with a big heart.  Yes, he knew that the seller could not receive a dime from the transaction and certainly he did not want to get involved in any sort of mortgage fraud and jeopardize his own future.

Remember, I shared that the seller had made a few mismanagement mistakes with there money when they refinanced - well, they did have a few toys that might not have been the best use of their hard earned equity.  When the investor was walking though one day for an inspection of some sort, he stirred up a conversation with the seller who was looking rather glum, sitting on his couch with the remote control in his hand watching that 50" flat screen plasma TV.

Well, the investor knew the kids story before hand.  When he started the conversation, he knew exactly what he was doing. He started talking about how nice a picture the TV had and that he had considered buying for himself.  He asked all about this one and why the kid had picked it out - of course it had the coolest bells and whistles on it and the specs were the most impressive for anything else in its price range.

After about 10 minutes of bonding and sizing the kid up, the investor just plain asked him what he paid for the television and the kid said $5700.  The investor then asked what the final bill was after taxes and the special gold cables the kid had mentioned earlier...and the total with the wall mount was just under $6500. 

It was so awesome, the investor stood up and bulled out a bankroll of one hundred dollar gills from his Levi pocket and counted off $7,000 and asked the kid if he would sell it with the DVE player.  Needless to say, it was boxed up and in the back of the investors Suburban in less than a half hour.

Yes, the investor paid full retail for a used TV, but the kid was able to get on with his life and take care of his wife and three little kids.  When the family moved out three days before the scheduled close of escrow, the place was left spotless.

I'm sure if you read this far, you know the moral to this story.  So please, it is not all about the profit - there is a family behind every short sale -even if it is another investor who is getting caught short - there is still a person and a family being effected by what is gong on.  Remember, "There go I, but for the grace of God".

Now Have a Blessed Day,

John Occhi, Hemet CA REALTOR

Loss Mitigation Consultant

To Read other Articles of Interest to Investors, click here
To Read other Articles of Interest on Foreclosures, click here

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Until Next Time, Have a Blessed Day,

John Occhi, ePRO, REALTOR®
DRE Lic No: 01444168


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This blog and the contents written here is the intellectual property of John Occhi, Temecula - Murrieta, CA REALTOR® in the South West Riverside County region of the Inland Empire of Southern California.  The views and opinions expressed are just that - views and opinions of John Occhi and those who comment.  Please note that I am not an attorney or a tax professional and any time I discuss either topic, I suggest you consult with the proper professional for relevant assistance. 


I am proud to be a full time REALTOR® who is proud to be a contributing member of the ActiveRain community.

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Bill Roberts
Brooks and Dunphy Real Estate - Oceanside, CA
"Baby Boomer" Retirement Planner

OK John, short sales are bad for your clients, but I've read some of your other posts and lt seems that houses just aren't selling in your neck of the woods. Are these homes for sale because they want to move or because they will lose their house if they don't sell?

I'm sure some want to sell, but I would guess that most have to sell. Can't you find a way for them to keep their homes? Your whole market is collapsing because of short sales.

You deserve better and your clients deserve better. f the lenders won't agree to a work out maybe its time for other action.

What other action you say? Well, maybe intervention by congress or a class-action lawsuit. These poor people need help.

Bill Roberts

Jul 03, 2007 11:28 AM
John Occhi
AZ Veteran Notary Services - Marana, AZ
Mobile Notary Public/Certified Loan Signing Agent

Bill Roberts First let thank you for taking the time to post to my blog after reading a number of my articles.  After all that is what blogging is suppose to be all about - 2 way conversation.

Second, in order to understand you a bit better I just visited your blog and read each of your articles.  I know I want to comment on the Mike Watson one, but I am pressed for time - I am suppose to be running comps on a short sale right now. (I went to one of his freebie seminars - good info but one of the worst presenters I have ever seen)

You are 100% correct - the buyers are not here right now and it is hurting just about everyone.  I stay busy with short sales and investors - in one of my Market Snapshots, I report that in one of my 5 zip codes - 92582 only 6 homes closed escrow in the past two months - that hurts.

The short sale sellers I am working with got in over their heads with loans that were too easy - being promised they would improve their credit scores and be able to refinance for better rates once the loan triggers itself - so yes, they have to take responsibility but they too are victims.

I am also very much involved in Loss Mitigation and only list a short sale listing as the last resort -I explore other options as fully as I can with my sellers.  Remember, I am not an attorney or tax advisor and I have limitations as to what I can discuss.  I do provide excellent resources to guide them in the right direction of exploring the right solution for them.

As far as intervention by congress (or the Fed) I believe their opposition is the overall economy is not suffering that bad, so we still need a wait-and-see attitude.  I, like you, disagree.

They do need help.

Look for my comments coming soon to your blog - I liked what you wrote there.

Now Have a Blessed Day,

John Occhi, Hemet CA REALTOR

Loss Mitigation Consultant

To Read other Articles of Interest to Investors, click here
To Read other Articles of Interest on Foreclosures, click here

 

Jul 03, 2007 03:50 PM
Margaret Rodgers
Keller Williams Realty - Karns, TN
Realtor, AHWD
Great post Good information
Jul 04, 2007 03:35 AM
John Occhi
AZ Veteran Notary Services - Marana, AZ
Mobile Notary Public/Certified Loan Signing Agent

Margaret Rodgers - Thank you for your comments and I am glead that you found the information useful

Now Have a Blessed Day,

John Occhi, Hemet CA REALTOR
Mission Grove Realty
Loss Mitigation Consultant

Jul 04, 2007 04:18 AM
VISCHA SAVITRI
LYON REAL ESTATE - Sacramento, CA

Wow....

A good post. I am so glad to you were there to help this family.

Good job for a good client

Aug 14, 2008 11:34 AM
Anonymous
DL

OK.  A big question on the short sale legal end.  I'm one of those who got in over his head with a large mortgage, promises of being able to refi afterwards, etc.  Needless to say, I've fallen way behind, and I have been working with my bank on a remedy, and they asked me if I could get a short sale offer.  I have a ton of equity (currently at 61% LTV on my mortgage), so I'm not so eager to go short sale, but I've tried that, along with trying to get someone else to refi me out of the whole thing.  

I now have an investor who will refi me at 65% LTV.  Not much, but it would be a little cash to help out with my situation.  At the same time, I asked my bank what they would consider taking on a short sale, and I threw out a number which was about 45% LTV (~80% of what I owe them).  They said they would be interested in the offer. 

So, the big question is, can I make this work?  Or, How can I make this work?  Can I get a payoff from my bank of 80% of what I owe, and then refi with the investor?  Or is that fraud?  Is there a legal way to work with the bank to make this happen?  Please offer any help.  Thanks.

 

Oct 14, 2008 02:13 PM
#6
John Occhi
AZ Veteran Notary Services - Marana, AZ
Mobile Notary Public/Certified Loan Signing Agent

First let me give my standard disclaimer that I am not an attorney and do not practice law - if you need legal help - consult with an attorney.  The following is only my understanding...

 

You are between the rock and the hard place.


Short Sales do not allow the seller (you) to walk away with any proceeds or stay in the home.  The buyer is suppose to be a arms length transaction, so you can't have a friend or relative buy without committing fraud.  The buyer cannot rent the home back to you.

And no, they will not let you be the buyer in a short sale - i.e. the 80% payoff to refi with an investor - that won't work either.

My advise at this time is to ride it out for a couple or 3 months and see what happens with all of the promises being made on the campaign trail. heck maybe the government will buy a equity position in your home and take over the mortgage and you would just owe them when you sell...but who knows, you know about campaign promises.

Feel free to call if I can be of any assistance.

Good Luck,

John

Oct 15, 2008 01:31 AM
Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Coldwell Banker Realty

Short Sale Buyers and Sellers who ignore the Arms Length requirements risk legal consequences - both criminal and civil.

Dec 18, 2010 01:59 AM