Special offer

How to Save on Short Sales

By
Real Estate Agent with HomeSmart Real Estate AZ Broker BR030809000

 How To Save on Short Sales

Bright and early one morning last week I received a phone call from a potential home seller client.  A couple of years ago she wanted a CMA on her Scottsdale home as she was thinking of selling at that time. Timing wasn't right as she couldn't sell her home for anything close to what she thought she should get or what she owed on the home. 

Roll ahead to March 2010 and she's being foreclosed on but didn't call me till the eleventh hour.  She wanted to know - and this is a first for me - could I short sale it to a friend of hers who would let her buy it back right after closing so she could owe less and not have to move out?

Hmmm let me get this straight. You've got a friend who is going to pretend to buy your home in good faith as a short sale and then right after closing she will sell it back to you?

Yes, you got that right. Can you believe that one?  Save on Short Sales - Buy Your Home Back from a Friend.

I have been asked to do some mighty strange things this past few years - all of which I've declined as what they're asking me to be a part of is illegal not to mention immoral.  Why would they think I'd risk my license, my company and my reputation so they can turn a profit illegally? 

This short sale tale took the cake.  I told her it would be considered FRAUD and she could be prosecuted.  She didn't believe me and I'm sure has moved onto someone else. 

Next...

PS  I receeived a call from a fellow agent in a neighboring state today.  She attempted to do this very same thing with her main resisdence as well.  She lost it to foreclosure.  It is amazing what people will attempt when under pressure....

 

Posted by

Comments(28)

Karen Fiddler, Broker/Owner
Karen Parsons-Fiddler, Broker 949-510-2395 - Mission Viejo, CA
Orange County & Lake Arrowhead, CA (949)510-2395

The sad thing is wouldn't it be better for everyone if her lender just lowered her balance to that? Keep the seller and she could afford her own home. But....I don't want to say this too loudly lest it be "deemed" the law soon. :(

Mar 22, 2010 12:54 PM
Mary Yonkers
Alan Kells School of Real Estate/Howard Hanna Real Estate - Erie, PA
Erie/PA Real Estate Instructor

Sad, but true.  So unfortunately that good people have become so desperate. 

Mar 22, 2010 12:57 PM
Lora "Leah" Stern 914-772-4528
Coldwell Banker, 170 N Main Street, New City NY 10956 - New City, NY
Real Estate Salesperson

Anna, don't judge too harshly.  Desperate people will do deperate things.  If only they would use more of the money from the economic stimulus package towards load modifications for those upside down on their mortgages, we might all be better off.

Mar 22, 2010 01:22 PM
Rebecca Gaujot, Realtor®
Lewisburg, WV
Lewisburg WV, the go to agent for all real estate

Anna, these are desperate times for some....but fraud is fraud.  Wonder if she actually found a Realtor to do a short sale to her friend so she could buy it back from her friend....WOW, I say that takes nerve to ask someone to do fraud.

Mar 22, 2010 02:23 PM
Dawn A Fabiszak
Private Label Realty ( Denver metro area, Colorado - Aurora, CO
The Dawn of a New Real Estate Experience!

Anna ~ I guess sellers do and try desperate things in desperate times.  It never amazes me what people ask of us!

Mar 22, 2010 02:48 PM
Anna "Banana" Kruchten
HomeSmart Real Estate - Phoenix, AZ
602-380-4886

Karen - I agree if only the lender(s) would have gotten this sooner.  There is a little more to the story but to keep a short sale tale short?  Hmmm now that's a few words that don't fit together well.

Mary, sad and true.  We all deal with these sitatuations and all we can do is our best to assist them through the choices they made and help them get on with their lives with as little damage as possible.

Leah - this is not a judgement of her but rather the implications of  fraud.  Of course some folks don't realize that this would be fraud....others do and still ask us to be part of it.

Rebecca - haven't seen anything come through yet.  I imagine it's much too late for an 'experienced' agent to handle this and quite frankly, anyone who knows what they're doing won't take it on. 

Dawn - some sellers ask in innocence because they truly don't understand. Others know the truth.

Mar 22, 2010 03:07 PM
Lisa Stafford
Broken Arrow, Tulsa, McGraw Realtors - Broken Arrow, OK
Broken Arrow OK Homes For Sale

Anna, I had a similar question about the tax credit.  They weren't legally married and she owned it.  He could buyit and get the tax credit.  I won't risk my license either.  People never cease to amaze me.

Mar 22, 2010 04:17 PM
Mary Yonkers
Alan Kells School of Real Estate/Howard Hanna Real Estate - Erie, PA
Erie/PA Real Estate Instructor

Anna,

The wording of your response  'do our best to assist them through the choicess they have made and help them get on with their lives with as little damage as possible' speaks volumes about your compassion and desire to help people with life's challenges as well as the more fun things like buying their dream home.

Thanks, Anna

Mar 22, 2010 10:56 PM
Ed Silva, 203-206-0754
Mapleridge Realty, CT 203-206-0754 - Waterbury, CT
Central CT Real Estate Broker Serving all equally

Anna, unfortunately, this tyoe of fraud must be something that has succeeded elsewhere with a variation. The friend buys the house and then rents it back for the mortgage equivalent until the tenant has gotten enough good credit to buy it back. It's too bad so many people have messed up with their purchases to have to resort to this.

Mar 23, 2010 01:01 AM
Anna "Banana" Kruchten
HomeSmart Real Estate - Phoenix, AZ
602-380-4886

Interesting - of course that would be just so wrong.

Mary it has been a challenging couple of years and I've seen our business change dramtically.  We no longer simply sell homes and help buyers buy homes.  The skill sets are much much larger for short sale agents (top notch ones). We have the huge task of making sense out of whatever financial situation they've gotten into and getting them through the process and onto a new life. This is so much different than the short sales we used to do back in the late 80's and early 90's.  I'm glad I have a psych background as it does makes it easier to guide them through the ups and downs.  And we know there is a lot of that with shorts.   I soooo look forward to 'normal' days but I'm well aware that is years away.

Ed yes it's around. In fact I saw an article in the paper on Sunday about this very same thing.......but they're we presenting it as a viable option. Interesting times.

With Chaos comes Opportunity.

Mar 23, 2010 03:58 AM
June Tassillo
Owner/Broker RE/MAX Elite Realty - Franklin, NC
Let me help you with the next phase of your life!

Anna ~ Wow, I have heard of some crazy stuff going on but have not had a call like that before.  I hope she does not find anyone willing to do this unethical act.  I did see a similar story on Trulia once like Dan said above. 

Mar 23, 2010 06:57 AM
Ann Allen Hoover
RE/MAX Advantage South - Hoover, AL
CDPE SRES ASP e-PRO Realtor - Homes for Sale - AL

I've never heard that one, and sadly it doesn't surprise me.  There are some desparate folks out there.

Mar 23, 2010 09:53 AM
Wanda Kubat-Nerdin - Wanda Can!
Red Rock Real Estate (435) 632-9374 - St. George, UT
St. George Utah Area Residential Sales Agent

That was a potentially damaging decision for the potential seller and her friend. You are a true professional Anna and gave her the best advice possible. It's up to her where she goes from here.

Mar 23, 2010 10:13 AM
Frank Kliewer
Woodinville, WA

It is unfortunate Anna that folks have even considered this. Good response from you though. Take care.

Mar 23, 2010 10:13 AM
Anna "Banana" Kruchten
HomeSmart Real Estate - Phoenix, AZ
602-380-4886

June - I doubt if she will. She waited way too long - and her time is up. 

Ann - yes out of desperation comes crazy thoughts and ideas. Some days......

Wanda - some folks 'get it' others don't want to hear the truth.  I've learned to qualify sellers very fast before I take them on....it's hard enough getting to a closing without a seller being totally onboard and ethical.

Thanks Frank - I did all I could not to show my surprise on this one. 

Mar 23, 2010 10:24 AM
Sharon Alters
Coldwell Banker Vanguard Realty - 904-673-2308 - Fleming Island, FL
Realtor - Homes for Sale Fleming Island FL

Hence the Arms-Length Addendum that most banks require as part of the docs signed for a short sale. The sad thing is, she may have found someone willing to commit a fraudulent act.

Mar 23, 2010 02:23 PM
Jane Cross
Homes By Cross serving Charlotte NC Real Estate Needs - Charlotte, NC

Anna Banana, I guess she had come down to desperate times, desperate actions. Who knows? Hopefully, she will detach herself from the house and move on with something more manageable and less crazy, till she gets back on her feet again. Tough times out there.

Mar 23, 2010 02:32 PM
Mike Jones
SUNSTREET MORTGAGE, LLC (BK-0907366, NMLS 145171) - Tucson, AZ
Mike Jones NMLS 223495

Anna Banana,

Doesn't it seem as if we're all back in junior high school, and everybody's cheating on the test?!

Mike in Tucson

Mar 23, 2010 05:03 PM
Esko Kiuru
Bethesda, MD

Anna,

Wondering how many of these types of short sales have gone through already, despite mortgage lenders generally having an arms-length clause somewhere in the paperwork. Sign of the times.

Mar 28, 2010 01:02 PM
DEBORAH STONE
Balboa Real Estate San Diego, CA - San Diego, CA

Anna

This is happening in San Diego with Investors. Some friends of mine told me about this scenario and I laughed out loud....it is so fraudulent, and I couldn't believe they woud get involved with this. I got my own bad attitude towards the Lenders but defrauding the Banks is not the solution!

Apr 02, 2010 11:41 AM