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Short Sale Lenders are Seizing Bank Accounts!

By
Real Estate Broker/Owner with Tutas Towne Realty, Inc and Garden Views Realty, LLC BK607690

www.shortsalesuperstars.comDid you know that? I didn't. Until I read this article by Sally K. & David L. Hanson.

This is pretty serious stuff. If you are working with Short Sales please be sure to notify your Sellers and give them this information. I am not an Attorney nor do I play one on TV so I do not know the legalities of this. I do know though, that if it were me, I'd much rather avoid the issue all together and pull my money out of the bank that I have my delinquent mortgage with. Better safe than sorry.

If you read the comments to Sally and David's post you will see that this IS happening. And it's happening all over.

And of course....Bank of America is one of the culprits.

Be a Short Sale Superstar to your Sellers and make them aware of this situation today. OK?

 

Do NOT be foreclosed on! Avoid foreclosure. Short Sales DO close.

Want to find out more? www.CentralFloridaShortSales.com

 

The BIO for Bryant Tutas

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***I am NOT an Attorney nor do I play one on TV. Click the button below for my Bio.

The BIO for Bryant Tutas

 

 Tutas Towne Realty, Inc handles Florida real estate sales, Florida short sales, Florida strategic short sales, Florida pre-foreclosure sales, Florida foreclosures in Kissimmee Florida Short Sales, Davenport Florida Short Sales, Haines City Florida Short Sales, Poinciana Florida Short Sales, Solivita Florida Short Sales,  Orlando Florida Short Sales, Celebration Florida Short Sales, Windermere Florida Short Sales. Serving all of Polk, Osceola and Orange Counties Florida. Florida Short Sale Broker. Short Sale Florida.

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Comments(38)

Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

I've heard that this was possible.  Thanks for pointing this out, we'll need to talk to our short sale selers about this.

Jan 15, 2010 11:40 PM
Mark Watterson
Salt Lake City, UT
Utah Real Estate

They have all those poor executives that need their bonuses.

 

Jan 15, 2010 11:53 PM
Elyse Berman, PA
LoKation Real Estate - Boca Raton, FL
Boca Raton FL (561) 716-7824

Broker Bryant, Thanks for the heads up.  Why doesn't this surprise me, especially with B of A? 

Jan 16, 2010 12:54 AM
Nathan Tutas
Tutas Towne Realty, Inc. - Davenport, FL
Your Central Florida Real Estate Expert

The root of all evil...the almighty dollar. I think I would have already pulled my money out if I had a short sale going on, but who would have thought the banks would actually do this?

Jan 16, 2010 01:44 AM
William J. Archambault, Jr.
The Real Estate Investment Institute - Houston, TX

Nathan,

If people read the contracts on their checking and savings accounts they'd know this was possible.

"I think I would have already pulled my money out if I had a short sale going on"  Most do, most people are honorable and try to pay before defaulting. This is the reason we don't see more of this, followed closely by the mortgage servicer not owning the note.

It keeps coming back to people thinking their entitled to the banks money when the truth is the bank is entitled to the return of their money! Short sales are a great tool for the bank and a blessing for the debtors that qualify. 

Bill 

Jan 16, 2010 02:18 AM
Stephanie Reynolds
Integrity First Financial Group, Inc. - Santee, CA
East County San Diego Homes 619-838-4408

This does not really surprise me. My son had the same thing happen with a car he financed though BofA. Lesson learned for him at a very young age! Good information to share with consumers that are in situations with their mortgages.

Jan 16, 2010 03:43 AM
Bryant Tutas
Tutas Towne Realty, Inc and Garden Views Realty, LLC - Winter Garden, FL
Selling Florida one home at a time

Thanks for the comments. I am reviewing some of my mortgages right now to try and find the section that addresses this. I have no doubt that they can do it it just hadn't crossed my mind.

Jan 16, 2010 08:07 AM
William J. Archambault, Jr.
The Real Estate Investment Institute - Houston, TX

Bryant,

Not your mortgages or even your notes! It's your checking, savings and any other deposit accounts with the same company that owns the mortgage in default,

Bill

Jan 16, 2010 08:14 AM
Brian Lee Burke
Kenna Real Estate - Lone Tree, CO
Broker & Advising Expert-Kenna Luxury Real Estate

As soon as I started reading I thought BoA and yep there is was... ~Rita

Jan 16, 2010 08:31 AM
Melissa Zavala
Broadpoint Properties - Escondido, CA
Broker, Escondido Real Estate, San Diego County

I'm glad that you wrote this post. I have actually had a few clients that have experienced this--but not with B of A. It is more prevalent (at least in California) with the local credit unions. Moral: Don't potty where you eat. (Pardon the less than appropriate language in the last sentence.)

Jan 16, 2010 10:33 AM
Suzanne McLaughlin
Sabinske & Associates, Inc. (Albertville, St. Michael) - Saint Michael, MN
Sabinske & Associates, Realtor

You are a terrific individual.  This is crucial to several of our sellers.  I so appreciate it.  I had not caught this on Sally's blog. 

Jan 17, 2010 01:04 AM
Delaware Junk Removal Residential And Commercial Hauling Clean Outs
Delaware Junk Removal 302-530-9186 - Wilmington, DE
Whole House Clean Outs, Basements, Garages, Attics

Great info, thanks for taking the time to post to us all!

Jan 17, 2010 03:59 PM
Coleen DeGroff
Coldwell Banker M.M. Parrish Realtors - Gainesville, FL
Haile Plantation Real Estate - Gainesville FL

Holy Crap.

And Again, I Wonder.....When the hell are we going to see some of these lenders hauled off to jail??

Jan 18, 2010 02:32 PM
Vicki Pedersen
Pedersen Real Estate - Riverside, CA
Providing Exceptional Real Estate Service

This is so important to know.  Hopefully we can help this from happening to other short sellers by getting the word out.  Thanks for sharing this warning. 

Jan 20, 2010 03:30 AM
Carol Culkin
Diamond Partners Inc - Overland Park, KS
Overland Park Residential Real Estate

BB - Great info indeed. But, I am confused about how anybody can even expect to claim a financial hardship and ask the bank to authorize a short sale when they have the assets to offset some of the deficit. Maybe you can clarify this. Of, course I always assumed the bank would want the homeowner to contribute what they can, and I would think it might even be the honorable thing to do.  Kind of sad for the homeowner who is left with nothing, but kind of the right thing for anybody to expect given that they're asking for the banks to take a loss and be completely in the red. I am not trying to be unsympathetic, but isn't a homewoner who is not expecting to make a monetary contribution towards the short sale when they have the money in a sense anticipating some form of charity?I'm just not sure I know how to feel about this situation.

Jan 20, 2010 08:30 AM
Bryant Tutas
Tutas Towne Realty, Inc and Garden Views Realty, LLC - Winter Garden, FL
Selling Florida one home at a time

Hi Carol. Are you taking the BB tour today? :)

Carol I struggled with this as well until I ran across more and more sellers like this one.  I just had him pull his last $18,000 out of BofA and place it in another account. If they took this money he would be devastated.

Jan 20, 2010 09:58 AM
Sharon Alters
Coldwell Banker Vanguard Realty - 904-673-2308 - Fleming Island, FL
Realtor - Homes for Sale Fleming Island FL

Bryant, this is so important to let people know about. We heard about it last summer in time to help some folks move their buckaroos to another bank.

Jan 20, 2010 01:45 PM
Gary Swanson
Century 21 Harris & Taylor - Grants Pass, OR

Great information Bryant.  I hope this news gets out to all the short sellers that are currently out there.

Jan 20, 2010 04:20 PM
Anonymous
Daniel

This just happened to me with ING DIRECT BANK!  I was 2 months late and they called to tell me that they had the right to withdraw funds out of my savings account! Beware!

Jun 24, 2010 09:39 AM
#39
Anonymous
Latisha
Wonderful explanaiotn of facts available here.
Jul 01, 2011 07:07 PM
#40