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Letter to Vice President Biden Finally Results in Closed Short Sale

By
Real Estate Agent with Solid Source Realty GA 320764

AR members, Feel free to borrow any part of this letter to Vice President Biden which finally resulted in a closed short sale.

In response to several requests to share a short sale letter campaign I referenced in a previous blog post (http://activerain.com/blogsview/1565737/i-wanna-crow-but-better-bark-), I am posting it here. I hope it will help someone else get the ball rolling on their stalled VA short sale. It did for me.

No, Vice President Biden did not himself respond, but several others from the Veteran's administration did, and the follow-through did not stop until the sale was finally closed last week.

Joe Biden, Vice President of the United States

Subject: Urgent! Please help these active duty Iraq veterans.

 

October 27, 2009

Dear Mr. Vice President,

I am Elva Branson-Lee, an Atlanta, GA metro-area real estate agent. I am forwarding this letter to you on behalf of two United States Army soldiers who are victims of the nation's current real estate crisis. I am currently working to assist one soldier (name) in purchasing a home from another soldier (name) before the home goes into foreclosure and becomes a significant blight on the selling soldier's credit (not to mention the surrounding community). 

When processing short-sales, lenders typically state that deliberations on whether to let the sale proceed "...will take 45-60 days." The home in question has been on the market as a "short-sale" for the past 5 months without the lender making a deliberation on whether they will accept the current (or ANY offer).  Previous buyers for this same home have been lost due to the untimely response of the lender.

Mr. Biden, for the past 59 days the lender GMAC/USAA has had a complete short-sale package with a market-value offer between these two soldiers which has been sitting in a bureaucratic queue waiting for 60 days to go by. Meantime the lender has initiated foreclosure proceedings, with a foreclosure sale now scheduled for Tuesday November 3, 2009.

The lenders ‘ lack of attention to the short-sale offer is the reason we are now in this eleventh hour situation, and the reason they say they cannot forestall the pending foreclosure  is "because it's a VA loan." It's been my experience that a conventional or FHA loan that has an offer on the table encounters no red tape in forestalling a foreclosure and moving forward with the short-sale. Since the only reason they say they can't forestall the foreclosure is that this is a VA loan, all we're asking for is an injunction or an escalation that will forestall the foreclosure and give these two soldiers the time to have their short sale considered. I'm sure you will agree that our troops desire and deserve the same consideration as any ordinary citizen.

All it takes is an internal phone call within the lender's organization from one department to another to forestall a conventional or FHA loan foreclosure. Why should there be extra hoops to jump through to forestall a VA foreclosure? (See lender contact Info end of letter).

 Sir, if your office could contact the lenders, I am sure our troops can get some more timely consideration for preview and deliberation on the pending short-sale.

 If the soldier's home actually goes to foreclosure sale as scheduled on November 3, 2009, it will not be able to be rescinded from foreclosure, thus, negatively affecting the selling soldier's credit and penalizing that soldier from purchasing a home for at least 7 years. Also, the soldier wishing to purchase under "short-sale" procedures after having tendered an offer to the lender, GMAC/USAA loses the opportunity to buy the home he desires.

 I thank you on behalf of both of these Iraq war veterans who because of their ongoing service to our great country are not able to attend to these communications and details themselves.

 

Elva Branson-Lee, Real Estate Agent

Solid Source Realty GA

Atlanta, GA

404.226.2085

elva_lee@msn.com

 

GMAC Mortgage Corp

David M. Applegate, CEO

Eric A Feldstein (President, GMAC Mortgage Group, LLC)

4 Walnut Grove Drive

Horsham, PA 19044

800.627.00128

www.ditech.com , www.gmacbank.com

 

USAA

Josue  J. Robles, CEO

David Bohne, President

9800 Fredericksburg Rd

San Antonio, TX 78288

1-877-569-4632

1-800-531-USAA (8722)

www.usaa.com

Cc: Carl Levin, Chairman Senate Armed Services Committee; Christopher J. Dodd, Chairman Senate Committee on Banking, Housing & Urban Affairs; Daniel K Akaka, Chairman Senate Committee on Veterans' Affairs;  Jim Lehrer, Newshour With Jim Lehrer, PBS-TV; Ali Velshi, CNN, Special Investigations Unit; Steve Kroft, CBS 60 Minutes; Carrie Teegarden, Atlanta Journal Constitution Sunday Business Watchdog Reporter; managing-editor@nytimes.com; David Lazarus, Los Angeles Times Business Editor; Hal Ritter, Editor Associated Press, NY ; David M. Applegate, CEO GMAC Mortgage Corp; Eric Feldstein, President GMAC Mortgage Group, LLC; Josue  J. Robles, CEO USAA; David Bohne, President USAA

 

Martin E. Kalisker, Esq.
Natick, MA
Real Estate Law From A Practical Perspective

Another creative way to avoid the short sale in its entirety is to have the new owner assume the VA or FHA loan and take a promissory note from the seller for the difference.  If the seller defaults on the note, the buyer can take the tax deduction for the loss and gets to earn some interest on the note if the seller is responsible and pays down the balance.

Apr 01, 2010 10:17 AM
Rebecca Fisher
Winter Haven, FL

GREAT LETTER! Very well put together and well thought out. I'm glad to see Joe step up-- Lord knows he didn't in the 36 years he was my Senator in DE.

Apr 01, 2010 10:26 AM
Charles Dailey
iLoan - NMLS ID#1947845 - Saint Paul, MN

Great job Elva!  "This is a big f&*%^ing deal!" :):):)

Apr 01, 2010 01:11 PM
Katerina Gasset
The Gasset Group & Get It Done For Me Virtual Services - Provo, UT
Amplify Your Real Estate & Life Dreams!

Elva- Very good letter! Very compelling! You went the extra mile and you worked the system and you then stopped at nothing until you got the job done! Congrats well deserved. Thank you too for going to bat for our military. Katerina 

Apr 01, 2010 01:26 PM
Esko Kiuru
Bethesda, MD

Elva,

Good to know who the go-to guy in Washington is when mortgage lenders start playing games. Perhaps VP Biden should be in charge of untangling this mess. Nice job getting this short sale done and keeping a foreclosure from the soldier's record. 

Apr 01, 2010 02:09 PM
Pat, Ben and Martin Mullikin
M3 Realty - Brookfield, WI

very IMPRESSIVE! But isn't it a shame that we are forced to go to that extreme to get a common sense, win-win job done?

Apr 01, 2010 03:12 PM
Connie Winstead
Nancy Puder & Associates - Arroyo Grande, CA
San Luis Obispo County CA Real Estate Agent

You go girl ... I think I might copy you on this.  I've been waiting for a short sale approval from Bank of America for six months.  It's ridiculous .... I admire your persistence.  I don't think the government helped the banks to have them treat the public and the realtors this way. 

Apr 01, 2010 07:29 PM
Brandy Keener
Keller Williams Charleston West Ashley - Charleston, SC
ePRO, Realtor

WOW, very impressive. Thank you for sharing with us!

Apr 01, 2010 10:41 PM
Marte Cliff
Marte Cliff Copywriting - Priest River, ID
Your real estate writer

Good for you! Congratulations on a beautifully written letter - and the results it got!

Apr 02, 2010 05:47 AM
Nathan Tutas
Tutas Towne Realty, Inc. - Davenport, FL
Your Central Florida Real Estate Expert

You don't pull any punches Elva...I like that. Especially when you are fighting the good fight for the troops. I got out of the Marine Corps last year after serving 14 years and know first hand how hard it can be to get anything done while on active duty. Giving you time off isn't what the military is known for. LOL Congratulations on the short sale and I'm sure you're a hero to these two soldiers. Have a nice Easter weekend.

Apr 02, 2010 10:14 AM
Roshan Quigley
Weichert Realtors - Manalapan/Marlboro, NJ - Manalapan, NJ

Congratulations Elva and excellent job - you should be so proud of the outcome.  Your clients are blessed to have a true professional representing them.

Apr 02, 2010 10:33 AM
AZ Mortgage Broker: Michael George
Arizona Wholesale Mortgage Inc. - Phoenix, AZ
AZ Mortgage Rates

Great job!  You are awesome.  It's rare that we get these types of responses, but articulation and professionalism certainly goes a long way.

Apr 02, 2010 10:38 AM
Steven Zimmerman
Belloise Realty Tropical - New Port Richey, FL
Husband & Father, @Gulf_Harbors Resident Realtor

Elva,

Simply OUTSTANDING !!

Have a wonderful weekend,

Steven Zimmerman Realtor ABR GRI

Apr 02, 2010 02:54 PM
Jim Frimmer
HomeSmart Realty West - San Diego, CA
Realtor & CDPE, Mission Valley specialist

Way to take positive action instead of just complaining about the way things are!

Apr 05, 2010 03:48 PM
Karen Rittenhouse
www.JKKPropertyInvestors.com - Greensboro, NC
Real Estate Investor

Fantastic.  Congratulations to you for never giving up.  I am inspired.

Apr 07, 2010 02:21 AM
Diane Rogers
Urban Homes & Investments - San Diego, CA
San Diego Residential Real Estate Specialist

Wow!  You are an example to us all of the tenacity we all need to exhibit in our profession.  Job well done, Elva!!

Apr 08, 2010 01:52 AM
George Wilson
Lincolnton, NC - Lincolnton, NC

This is great. Like others here, I wonder if it works for non military. I will differently keep this for future reference. Bravo for going the extra mile for our servicemembers.

Apr 15, 2010 04:27 PM
Anonymous
Margaret Hickman

I'm a big letter writer myself to get things done.  I don't know if I would have thought to write one to the vice president, though.  Congratulations!  You've set yourself apart from the average agent.  I hope these soldiers know how fortunate they were to have you.

Jun 05, 2010 10:23 AM
#92
Matt Robinson
Professional Investors Guild - Pensacola, FL
www.professionalinvestorsguild.com

Wow, impressive amount of comments on this post.  Great job, and great initiative in helping your clients.  Going above and beyond is the only way to do business successfully.  Thanks for sharing!

Sep 06, 2010 05:16 AM
Anonymous
Chris DiNapoli Realtor CDPE

Elva,

 

That's a wonderful letter. You are a credit to all Realtors who desire to actually help people and not just think of themselves.  I applaud you...Keep up the good work. God has your back :)

 

Chris

Feb 04, 2012 09:59 AM
#94