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Mortgage Insurance Companies SUCK: The Worst Short Sale Deal Killer

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Real Estate Agent with Garrette Custom Homes SA537042000

Can someone please explain to me why a Mortgage Insurance company can kill a deal where MI was not needed when the original loan was taken out? Here are the specifics: My client who is also a Realtor and friend, originally took out an 80/10/10 SPECIFICALLY to avoid PMI. She leveraged her equity and obtained a second loan (a piggyback loan) to avoid PMI.  They put 10% down, and have since paid off the other 10%. There is one loan remaining with BofA.  All negotiations are through the Equator system. My client paid $187k, owes $149k, and the BPO came in at $90k.  The buyer even increased their offer to meet the BPO value at $90k.  The market rent for this property is about $800 per month, and her pay option arm interest only payment is $1200 per month.  The Trustee Sale is currently scheduled for March 30.

Technically, an MI company should not be involved, as this type of financing did not require it at time of purchase.  I have heard that many lenders started taking out MI policies when the market started tanking....but I don't know much about it. The MI company, however, at the eleventh hour, now wants $15k.  She simply doesn't have it, and her bank statements clearly show she doesn't have it. 

She is willing to do a promissory note at 0% interest, but that is not even an option here.  I suggested that we counter with some kind of payoff.....something is better than nothing in this case, and she said that she CAN come up with $2500.  We are waiting to hear back, but at 16% of what they are looking for, I am not hopeful. 

Even if she did have the $15k, I don't know that it would be to her advantage to pay that kind of money out of pocket.  The property is an investment property, though it was her primary residence when originally purchased.  Arizona is an anti-deficiency state. She doesn't care that she won't be able to buy another home again for 3-5 years with a foreclosure on her credit. With the new FHA guidelines requiring 3 years before one can buy again after a short sale OR foreclosure, it seems that the advantages to short selling vs. foreclosing on an investment property here in AZ are not significant.....and certainly not worth $15k. 

What have your experiences been with Mortgage Insurance companies? How would you advise your client in this situation?

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Jessica Sulliman & Randy Curnutt

602-677-7977 

www.ShortSaleMyPhoenixHome.com

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About the Author...
This article was provided by Jessica Sulliman, a Nationally recognized Realtor and Certified Short Sale & REO Specialist.  Jessica can be reached via e-mail at jessica.sulliman@ashbyrealty.com by cell phone or text message at 602-677-7977. Jessica has helped thousands of people buy and sell their home.  For Arizona real estate and homes see www.sunshinespecialists.com or www.jessicasshortsales.com. For more info regarding short selling your home, please visit www.shortsalemyphoenixhome.com.

Specializing in the following Metro Phoenix areas in Arizona: Queen Creek, Gilbert, Chandler, Mesa, Scottsdale, Apache Junction, Gold Canyon, Tempe, Florence, San Tan Valley, Coolidge, Casa Grande, Eloy, Maricopa, Ahwatukee.

 

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About the Author...

This article  was provided by Jessica Sulliman, a Nationally recognized Realtor and Certified Short Sale & REO Specialist.  Jessica can be reached via e-mail at azshortsalediva@gmail.com or by cell phone or text message at 602-677-7977. Jessica has helped hundreds of people buy and sell their home.  For Arizona real estate and homes see www.jessicasulliman.ashbyrealty.com or www.theshortsalediva.com

Ashby Realty Group handles Arizona real estate sales, Arizona short sales, Arizona strategic short sales, Arizona pre-foreclosure sales, and Arizona foreclosures in the entire metro Phoenix area.  We specialize in the East Valley: Queen Creek, Gilbert, Chandler, Mesa, Scottsdale, Paradise Valley, Apache Junction, Gold Canyon, Tempe, Florence, San Tan Valley,  Ahwatukee, Anthem at Merrill Ranch resort community in Florence AZ. Serving all of Maricopa and Pinal counties Arizona. Arizona Short Sale Realtor. Short Sale Arizona 

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Minna Reid
Reid Real Estate Group LLC - Jacksonville, FL
Associate Broker

I hate MI - especially the secret MI you find out about last minute. The experience is never good. Last one was MI on the second???? They needed a huge payoff . At least the first gave it to the second - cause my seller didnt have it.

Just recently I got a call from GMAC a day after I put in a new file...they wont even continue to process without my seller agreeing to a note or cash payoff upfront..MI!!!!!. Was discussed - never agreed to in written form...I hope to eliminate that problem later in negotiations.

 

Mar 16, 2010 01:53 PM
Jeffrey Smith
Author of 'Realtors Guide To Short Sale Success - Eustis, FL
Short Sale Education

Your seller never signed a note or obligation in any way involving the MI company? If she hasn't been making monthly MI payments or it wasn't included as an upfront fee It isn't her MI it's the lenders. If you're in a non-recourse state I'd tell my seller to keep her money, tell the lender they have to take care of the MI problem or they can go suck an egg. I know it will probably lose the sale for you but if your seller is already in her own home as you suggested, why would she care how soon she could buy another property?

Mar 16, 2010 11:49 PM
Jeffrey Smith
Author of 'Realtors Guide To Short Sale Success - Eustis, FL
Short Sale Education

and one other thing. Lenders lie. They may just be trying to get more out of your seller. I had a BPO where the person doing it was a personal friend of mine. He showed me the BPO. The bank insisted right down to the vry closing that the BPO had come back $10k higher than I know it did. They said they were crunching the numbers because the offer was $15k less than what they said the BPO was. acted like they ere doing me a big favor really going out on a limb, really taking a beating, etc.

Mar 16, 2010 11:55 PM
Jessica Sulliman
Garrette Custom Homes - Queen Creek, AZ
CDPE, SFR, Queen Creek Real Estate 602-677-7977

Jeffrey, my seller never signed anything regarding MI and yes, it is the lender's.  But, regardless whose MI it is, the MI company still gets the final say here.  I agree with you completely.  It is getting more and more challenging these days to get a short sale done, even at market value.   

Mar 17, 2010 06:35 AM
Jessica Sulliman
Garrette Custom Homes - Queen Creek, AZ
CDPE, SFR, Queen Creek Real Estate 602-677-7977

Minna.....MI on a second lien? Are you KIDDING me??? Now I've heard just about everything.  I am truly amazed that the first paid.....that's unheard of.

Mar 17, 2010 06:39 AM
Anonymous
Audra

Yes, M/I on the 2nd -- I am dealing with it now and the M/I company is refusing to release the 2nd lien unless they get $14,500.00 at close.  This, on a note that is roughly $50k.  Seller, buyer and bank are all ready to close, all terms agreed, then at the 11th hour M/I wants money.  Are you kidding me?  This too an investment property that was initially the buyers primary home when she bought it.  Let's ask someone who has proven financial insolvency to pony up $14,500 -- yeah, I agree, go suck an egg M/I company.  And, thanks BOA for having no clout with these guys.

Feb 17, 2011 08:48 AM
#6