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34 Comments on ActiveRain – I Need Your Help. Is This a Short Sale? How Would You Counsel this Seller?
Bill Nazur - I want to thank you for your input. You have truly come up with a great solution - if indeed they can swing the extra $100. Unfortunately, it the loan will be resetting in 2 months - so I am not sure just how viable this solution is. My guess, your placeholder for the wife's income is probably pretty close.
I am sure the Pastor and his wife will read what you have suggested and consider it in prayer, as they will all of their options.
Once again, after I have had my meeting and whatever course of action is put into play, I will report back to each of you who have responded.
Until then, Have a Blessed Day,
John Occhi, Hemet CA REALTOR
Mission Grove Realty
What can you truly sell the condo for in under 90 days?
What altenative does the bank have but to try sell the property through you?
His financial troubles aside, they can not afford to live in the house without a substancial increase in salary so forebearance and loan modification is not a viable option.
I would start the short sale process steps at once and let the bank know at least they are trying to find a solution.
Paul Moye - I believe the condo is realistically in the $370 to $380K range - it really depends on the upgrades and condition. since I have not seen the unit, I cannot give an opinion. Based on what I see on paper though - the $370 to $380 is very realistic in today's market - now what will that look like in 90 days? hmmmm, I wonder
The pastor is trying to get past the first line of defence with the lender and get to someone with some authority this week, before we meet on Wednesday. He is sincerely seeking solutions - which is hwy I have posted this article - to help him with the collective mindset of some of the best REALTOR minds on the topic - in the entire country.
I'll address the resolution after we meet on Wednesday.
Thanks again for chiming in.
Now, Have a Blessed Day,
John Occhi, Hemet CA REALTOR
Mission Grove Realty
Great post and lots of options offered. I hope all went well with your meeting on Wednesday.
Kim
I still think the best response you got was Bill Nazur's. Hope it worked out.
> > > T H E S O L U T I O N < < <
First I need to apologize for the delay in reporting on the ultimate outcome. I know that there are several who really wanted to know what the results were. I have just gotten so busy this last week - all due to ActiveRain. I signed 4 new listings and actually passed on 2 - all since last weekend. On one night, I did not get home until midnight - so I have been burning the candle at both ends.
Second, on behalf of my client he and his wife want to thank everyone who thoughtfully offered their advise on the situation. My client thought I did a very good job of representing his viewpoint and situation. My client and his wife carefully considered every comment and suggestion that was made - and do so with prayer.
Ultimately, when I arrived and my client had full opportunity to not only read this thread but my book"What You Need to Know About Foreclosure, and How You Can Stop It!", the decision was made to go exactly as we had discussed the proceeding week on the telephone - without ever meeting face to face.
The decision that the Pastor and his wife made were to continue to negotiate with the bank. Remember, up to the end of July - they are current with thier first and second loans. Starting this month, thew will start to make partial payments. As they slip into the status of being delinquent - they are hoping someone from thier lenders office will talk to them a bit more seriously. Right now they can't seem to penetrate the first level of obnoxious collectors who only talk about full payments - this will change.
Yes, they know this will be a hit on their credit as far as late payments go. A temporary setback.
There is anticipation that the bill passed by congress will move quickly through the Senate and find it's way to the Presidents desk in the next few months, once the Senate returns from their summer break. Then if passed, there is probably a pretty good shat at the effective date being around the 1st of the year.
If this scenario plays itself out, then my client will not have to worry about the tax consequences of a Short Sale. However, there are no guarantees that it will pass or what the effective date will be. My client feels as if they at least have a target date to move forward with.
So, yes, I did take the listing, I took the photos and I have the listing on the MLS - for a price that will pay off the lenders, pay all of the closing costs and pay a 6% REALTOR® commission for selling the home. Unfortunately the listing is priced about $30K over current fair market value.. The listing period is for 1 year - so there is no pressure from me or to me to do anything other than list the property and market it on the Internet. I have a lock box and sign on the property - it is for sale.
So, am I prepared for a Short Sale - YES.
Are we jumping in blindly - NO
The client will position himself to talk to others at the lenders office with more authority. It's a shame he can't just pick up the phone and try to work out a solution to his problem - but the lender is not set up that way - so he must play by their rules and take a hit on the credit. If he can't resolve anything - then so be it - he is prepared to start the short sale process as soon as he receives his Notice of Default (NOD).
There you have it - not a quick fix with ramifications but a long term solution that can take many courses of action - depending on the parties involved - and just in case the short sale safety net has been hung under this high wire act.
Thanks again for chiming in.
Now, Have a Blessed Day,
John Occhi, Hemet CA REALTOR
Mission Grove Realty
Thanks Mary,
I was thinking the same think - hence the email.
The Pastor will know he is in your prayers, as I know he will check back here.
Now, Have a Blessed Day,
John Occhi, Hemet CA REALTOR
Mission Grove Realty
Great reply...It should be a Part II Blog and I will rotete it up on to the featured list. see this stuff helps newer agents really understand what goes on.
Paul
Hi Jon;
This isn't a viable solution:
"Starting this month, thew will start to make partial payments." -Lenders don't take partial payments on mortgages (if they did they couldn't foreclose). They will send the checks back to him.
To Your Success,
Coach Steve Toth
John, best of luck to all concerned. They are right, this should be a new post.
Bill Roberts
I agree with Coach above, mortgage companies won't normally accept partial payments.
Kim
Now, Have a Blessed Day,
John Occhi, Hemet CA REALTOR
Mission Grove Realty
Bill Roberts - Thaks for the confidence - If I had the time, it would be a new post - I'll try. I also have several other case histories I want to put out there as a learning experience as well as letting the client see their options.
Time, where can I go buy an extra 2 days this week?
Now, Have a Blessed Day,
John Occhi, Hemet CA REALTOR
Mission Grove Realty
Mary Warren - Thanks for the heads up. I am sure by now the Pastor already knows that he is in yor prayers. On his behlf, please allow me to thank you. As I mentioned above, I would like to do a summary post -and please come back because I have some additional case studies to present.
Now, Have a Blessed Day,
John Occhi, Hemet CA REALTOR
Mission Grove Realty
Now, Have a Blessed Day,
John Occhi, Hemet CA REALTOR
Mission Grove Realty
Paul Moye - I'll domy best to get it back up this week - just a very busy week. I agree, it is here to help others - not be slef-serving.
There is so much to learn anbout this niche and I am afraid too many are going to jum in without being prepared and make mistakes that will cost thier clients dearly.
Now, Have a Blessed Day,
John Occhi, Hemet CA REALTOR
Mission Grove Realty
Coach Steve Toth - Thanks for the feedback. I was certian I had replied to you earlier - In any event it may not work 100% of the time, but ther are times when it will work. My lender has allowed me to do this several times over the past couple of years.
If nothing else, it will buy some time with the lender. The Pastor knows there are no guarantees in any of this - yet this seems to be the logical course of action considering his unique circumstances.
Now, Have a Blessed Day,
John Occhi, Hemet CA REALTOR
Mission Grove Realty