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Fannie Mae Short Sales: Why Does the Good Always Come with the Bad?

By
Real Estate Broker/Owner with Broadpoint Properties Cal BRE #01324959

Several months ago, agents across the United States were thrilled to learn that all Fannie Mae short sales would be approved with a 6% commission! Phew! What a relief. Agents working short sales were getting so tired or having their commissions cut to five, and sometimes even four percent on short sale transactions.

Most short sale agents would probably agree that a short sale is so much MORE work than a traditional transaction-and then to have your pay cut by 18%. Ouch! Most of us had already received reductions in wages when property values declined in our areas, thus plummeting our income beyond control. So, to hear that we would receive 6% (to split 50/50 between listing and selling agents) was like a breath of fresh air.

And then . . . here comes Fannie Mae again-trying to beat us down. There's news flying around that Fannie Mae has implemented a new policy effective December 15, 2009 that they will no longer postpone trustee sale (foreclosure) dates. Fannie Mae is requiring that the short sales are closed before the sale date. If the transaction cannot close the short sale before the sale date, the property will go to sale and foreclosure will occur.*

Okay . . . so let me get this straight. I submit my adorable little short sale package to my lender three months prior to the estimated foreclosure date. They lose it several times and never upload it into the system. After about four weeks, the package is finally assigned to a negotiator who then works on it for eight more weeks and then generates an approval letter. I have lost three months waiting for the short sale to be approved, and the approval date on the approval letter is 40 days away. Only one problem . . . bank has already scheduled sale date for next week.

If this is actually true, what is wrong with this picture? Is this actually fair play?

One of our Active Rain colleagues actually informed us that Mercury News reported recently that this incredulous decision may be due, in part, to the fact that "the government is removing the $400 billion cap given to Fannie Mae and Freddie Mac. It will be replaced with a flexible formula, a "sufficient cushion" to cover expected losses over the next 3 years." (Read: We will not be in a financial position where the cost of a short sale vs. a foreclosure will mean anything to us.)

Again, I say "What is wrong with this picture?"

 

*Note that I have spent a good amount of time researching this subject. I have two or three credible sources that discuss this decision, yet I have not yet been able to corroborate these findings on the Fannie Mae website.

Comments(53)

Trisha P Realty Group
Realty Executives - Leavenworth, KS
"Holding the Keys to Your Dream Home"
I'm not surprised.
Jan 08, 2010 05:11 AM
Bob Willis
Berkshire Hathaway HomeServices California Properties - Orange, CA
Orange County & L.A. County Real Estate Agent

I am just getting into doing short sales.  It looks like it might be a bit more challenging now.  And I thought it was supposed to be getting better.

Jan 08, 2010 05:25 AM
Gene perez
Greater Mortgage Solutions & Valley Hills Realty - Santa Maria, CA

short sales ,,, have nver been so much fun ;-)

Jan 08, 2010 05:48 AM
Christianne O'Malley
Dickson Realty - Reno, NV
Exceptional Service - Delivering Results in Reno!

Melissa - This is indeed a crisis of monumental proportions. I hope you are wrong, but my gut tells me it's likely you are correct and again more homeowners will be blindsighted by foreclosure when they thought they were doing everything right.

Jan 08, 2010 06:00 AM
Paul Francis
Francis Group Real Estate - Las Vegas, NV
Las Vegas Real Estate Agent - Summerlin Homes

Hmmm.. Dec. 15th... right around the time that Fannie Mae decided to get into the landlord business on the taxpayers dime.

Coincidence?

Jan 08, 2010 06:08 AM
Patricia Aulson
BERKSHIRE HATHAWAY HOME SERVICES Verani Realty NH Real Estate - Exeter, NH
Realtor - Portsmouth NH Homes-Hampton NH Homes

Sad to think things like this happen, but it does, unfortunately.

 

Patricia/Seacoast NH

Jan 08, 2010 07:44 AM
Dawn Uselding
A New Dawn Real Estate Services, LLC - Manitowoc, WI
Short Sale Assistant

Melissa - Your information is correct as usual.  One thing about doing short sales - you can never become complacent.  You always need to be learning and in having your ears open to find out about the next challenge.

Jan 08, 2010 09:02 AM
Jean Hanley
Coldwell Banker Kivett Teeters - Hemet, CA
Specializing in Folks Who Want To Buy/Sell Homes

I actually had this happen to me on one of my listings recently.  Fannie Mae disallowed the short sale because it took too long.  Well not by any fault of mine!  I kissed their asses every day to make it all work.  They handed the file off to so many people, it got to be a big joke.  And then Christmas Eve, they show up at my seller's door with a cash for keys agreement.  Inasmuch as I feel really, really sad for my seller, I am glad they foreclosed.  The market value for that home is about $250K MAX.  I had two really great offers at $295K and $298K  They wont get offers like that once it's empty.

Jan 08, 2010 09:39 AM
Don Wixom
RE/MAX Executives Nampa, ID - Nampa, ID
"Looking out for your next move..."tm

Melissa, this has happened a couple times to me.  What a pain & so frustrating!

Jan 08, 2010 12:30 PM
Linda Hill
ERA Elite Ventures Realty - Columbus, GA

This definitely will make short sales more difficult to sale. The process is already aggravating with the slow response time from lenders and the mishandling of documents.  Thanks for the update.

Jan 08, 2010 01:22 PM
Satar Naghshineh
Satar - Amiri Property and Financial Services Corp. - Irvine, CA

Wow, you guys took a hit in commissions?? Not I.  ;)

I looked all over regarding the trustee's sale info. Can youlist your sources?

Jan 08, 2010 01:23 PM
Melissa Zavala
Broadpoint Properties - Escondido, CA
Broker, Escondido Real Estate, San Diego County

Satar: Haven't seen you on AR in awhile. Happy New Year! I'm going to email you the details right now.

Jan 08, 2010 01:33 PM
Jeff Dowler, CRS
eXp Realty of California, Inc. - Carlsbad, CA
The Southern California Relocation Dude

Melissa - well once again the government, in all its wisdom, is moving ahead with a program that jsut does not make alot of sense. It is celar the homeowners are not on the lsit of folks they are trying to help. Does this surprise me? Nope, sadly, not in the least.

Jeff

Jan 08, 2010 01:53 PM
Andrew Monaghan
The Monaghan Group - Glendale, AZ
CRS, GRI, EPro Associate Broker

I am working with a short sale with Bank of (don't care) america, i have just been told this is a fannie mae, I will have to work to get it moved forward quickly. Thank you for your post.

Jan 08, 2010 02:14 PM
Esko Kiuru
Bethesda, MD

Melissa,

Just when you thought you've heard it all, then we get this. What's going on?

Jan 08, 2010 03:55 PM
Terrylynn Fisher
Dudum Real Estate Group - BuyStageSell.com - Walnut Creek, CA
HAFA Certified, EcoBroker, CRS, CSP Realtor, Etc.

Melissa and might I say they WILL take your commission anyway, what they do is recalculate their "bottom line" to where there is a deficit that won't be paid by the offer necessitating someone to come up with more money (no matter what the offer).  IF the buyer is taped out, the seller won't or they would have paid the mortgage, who does that leave IF you want the client to get the house...you guessed it.  I KNOW it's true, just happened to me.  They came back after 7 months, yes 7 months and two weeks before closing upped their LOAN amount by $3000...But they didn't reduce the commission,,,no they didn't directly anyway.

Jan 08, 2010 07:52 PM
Julia Odom
Select Realty Professionals - Chattanooga, TN
Chattanooga Homes for Sale

Agents who work short sales get my full sympathy. I don't know how you keep up.

Jan 08, 2010 11:38 PM
Natalie Clarke
Galveston Island Real Estate - Galveston, TX

With short sales already being much more time consuming and tedious, this news comes as a hard blow to agents. I have to wonder, who will want to continue to invest their time and energy into something with an overwhelming amount of unknowns? However, that seems to be our job.

Jan 09, 2010 12:52 AM
Clayton Bonjean
Mainsail Realty Company - Santa Rosa Beach, FL
Broker | Owner | MBA

This is very disturbing. 2010 will be a very interesting year.

Jan 09, 2010 01:01 AM
Freddie Gonzales
WEM PACIFIC Investments, Inc. - Daly City, CA
CRS, GRI, RDCPro

Nice post and thanks for the info. Good luck Melissa.

Jan 12, 2010 04:31 PM