Short Sales - Not the Last Word

I went to another workshop put on by a "Short Sale" expert and investor yesterday. I was invited by AR's resident guru on short sales, Mr John Occhi. This is NOT a picture of John (I think). It got off to a rocky start because our "expert" was stuck in traffic and arrived over 30 minutes late.

I guess it was OK though because nobody left.

He had a slide show prepared, but since he was late arriving the projector wasn't ready to go.

So we started with Q&A.

The first question out of the box was how much will you pay for a short sale?

His answer was very clear: no more than 60-65% of actual value.

A really short short sale. His reasoning on this price made sense. The lender sets the rules. They might give you an answer this week or they might take months to get back to you. And when they do accept the short sale, they want to close within 10-14 days. Now who is going to wait around with their money "ready" for an indeterminate period of time, maybe up to six months, and be willing to pay more than 60-65%?

A regular buyer cannot do this unless they have "all cash" to put down. If they intend to finance the purchase, what lender is going to keep a commitment open that long?

I was convinced on the value. He made the point that is the lender/seller was willing to give the buyer 45 days to close they could probably get a much higher price for their short sale. So it's their own fault if they take a beating.

Then he got into the price negotiation techniques he uses with the lender. After the offer is presented to the bank they will come back with a counter-offer. All counters and new offers will be "verbal" from this point on until a final price is agreed upon, at which time they (the bank) will prepare the contract. During negotiations if the buyer accepts the counter-offer, the bank wil simply ask for more. Until the buyer is willing to just walk away. If you don't ask "are we done yet?" when you get a counter, you can bet that you're not done.

I don't think I would want to "endure" this negotiation process in as much as less than 7% of pre-foreclosures are resolved by short sale.

Some banks just won't "play ball" with a short sale buyer at all. Their attitude is that since 2/3 of all NODs resolve themselves, they are "money ahead" to go to sale in the hopes that the borrower will be able to pull it out at the last minute. Who knows? Maybe they are right since these ones that don't play are among the nation's largest banks.

A discussion of "equity stripping" and other fraudulent activities filled up most of the remaining time.

I drove over 100 miles each way for this workshop. The presenter was late. But I'm still glad I went.

My recommendation is to avoid short sales if you possibly can. Most of the buyers for short sales are going to be "investors" by necessity. You will not be able to represent them without having a surety bond. The bank will beat you up on your commission. You won't know if you'll be able to do the deal at all until the very last minute, and then you won't get paid what you think that you should.

Add to this all the risks and costs to your seller of participating in a short sale and I don't see how you (the agent) can win. Besides you may have liability to your seller if anything untoward happens to him as a result of the short sale.

See also "Short Sales Revisited," "Short Sales Revisited Again"

 

17 Comments on Short Sales - Not the Last Word

I agreefor the amount of effort and risk it's not something you would want to spend alot fo time prusuing.

08/01/2007 08:16 PM by Larry Webster (RELC Inc.)


Bill,

Thanks for the post. I have just tuned up to take on more short sale business. For many it is the only option short of foreclosure. The lenders I am dealing with realize that there's a glut of property in my area. Either we do a short sale or they do a foreclosure which will cost them more, both in processing fees and the handling of all the low ball offers.

08/01/2007 08:30 PM by William Collins, Broker Associate (ERA Queen City Realty)


Bill, I don't dispute the enormity of the problem. My issue revolve around what is best for the client and at the same time what is best for me. I wish you would read my other posts on this subject. I am going to add links to this post. Thanks for making me aware of the need to do this.

Bill Roberts

08/01/2007 08:36 PM by Bill Roberts - "Baby Boomer" Retirement Planning (Brooks and Dunphy Real Estate)


Bill, I have to say that I agree with your conclusion. Sounds like it was an interesting discussion. There are experts that are making short sales almost a cottage industry right now. I think it does require a real commitment and if you have enough, the process will repeat , you will pick up a quick speak and it could work. Unless you have the passion for dedication on this, I think they should be left to others. Short Sales and arrogant lenders require a great deal of patience and give. As they get many many more of these, they may lose a touch of the arrogance and get more serious about solutions. They get the tax deduction and the Buyer gets the 1099. from the excessive profitability of lending, they could probably use  some  tax deductions. Needed or not, they are going to get them.

08/02/2007 12:17 AM by San Diego Real Estate Voice authored by William Johnson GRI CRS e-PRO (RE/MAX Associates)


PS, was that a picture of John? It was pretty early, so maybe he looks different when he stops sticking his tongue out and combs his hair. Nice Teeth, lol

08/02/2007 12:19 AM by San Diego Real Estate Voice authored by William Johnson GRI CRS e-PRO (RE/MAX Associates)


Hi Wiilliam, no, that isn't John. As for the 1099 the offer to the lender can preclude this if writen properly. Thanks for commenting.

 Bill Roberts

08/02/2007 09:31 AM by Bill Roberts - "Baby Boomer" Retirement Planning (Brooks and Dunphy Real Estate)


Good article Bill, Thank you. 

08/02/2007 09:52 AM by


When a spec investor teaches a course on preforeclosure short sales, I would reason it is presented from that point of view.   In my opinion, and practice, the interests of the Seller are paramount.  The interests of the spec investor are in direct conflict with those of the seller, and mortgagee. 

The seller wants and needs to sell at the highest possible price, while the spec investor wants and needs to pay the lowest possible price.

When I address groups of real estate agents, I explain that the BEST potential buyer of a preforeclosure short sale is a retail buyer who really wants the home, and is willing to wait thru the process. 

With respect to the 1099 issue... forgiveness of debt triggers a tax event whether the lender issues an IRS form 1099, or not. It is always the responsibility of the taxpayer to report income...  In California, however, with respect to purchase money mortgages, there may be no exposure to a tax liability resulting from a short sale.

 

An Ethical Approach To Short Sales

08/02/2007 11:00 AM by David Petrovich (S.P.O.C.H. a 501c3 Charitable NP)


David, thanks for commenting. I have no problem with links on my posts as long as they are "non-commercial." I am going to check out your link.

As for the interests of investors and sellers  being diametrically opposed, I don't agree. It is true that they are not synonymous but there are areas of overlap, specifically that of getting the house sold.

Bill Roberts

P.S. You note that I had to delete your comments and I reported you as a spammer. Shame on you.

08/02/2007 11:58 AM by Bill Roberts - "Baby Boomer" Retirement Planning (Brooks and Dunphy Real Estate)


"You note that I had to delete your comments and I reported you as a spammer"

Its your site, you will do as you see fit.  The "spam"  is a comprehensive book on the practice of ethical short sales whose profits are directed to our non profit, charitable, tax exempt education organization. 

For accuracy, I didn't state the interests of spec investors and distressed homeowners were "diametrically" opposed... but in conflict with each other, and, a spec investor is perhaps the worst type buyer of preforeclosure shorts.... unless the home is in unmarketable condition, or very close to the end of the foreclosure process.

  Perhaps the only area of 'overlap' is their mutual desire to get the house sold. 

ForeclosureFocusUSA

08/02/2007 12:32 PM by David Petrovich (S.P.O.C.H. a 501c3 Charitable NP)


David, I haven't read your book, but "adverising" the sale of it does not belong on other people's posts unless invited. I happen to agree with you that investors seeking short sales are little more than vultures feasting on somebody's bones.

Bill Roberts

08/02/2007 12:41 PM by Bill Roberts - "Baby Boomer" Retirement Planning (Brooks and Dunphy Real Estate)


I agree with some of your conclusions but the banks attitades are completly different these days as compared to 12-24 months ago or longer. Loss Mitigation is now a prime concern for the Big 6 Lenders... I never would receive a call from a Loss Mitigation Department or even receive complete packages of info....the times they are a changing!

Will this save most home owners...NO but if we save 20 out a 100 then that on a National Average becomes a HUGE number.

Buyers in Short Sales are also not Investors as much as normal people looking fo a deal and maybe some sweat equity to bring the property up to market standard.

08/02/2007 09:23 PM by Paul Moye, Broker, ABR, GRI, CSP, e-PRO (Keller Williams Realty Franklin )


Hi Paul, I hope you are right, but I have my doubts.

Bill Roberts

08/03/2007 09:22 AM by Bill Roberts - "Baby Boomer" Retirement Planning (Brooks and Dunphy Real Estate)


Mitch, you are apparently not a member. It is our practice not to advertise on other people's posts. I can't "edit" your remarks. My only option is to delete. Post it again without the link.

Bill Roberts

08/05/2007 11:50 AM by Bill Roberts - "Baby Boomer" Retirement Planning (Brooks and Dunphy Real Estate)


Bill,

Thanks for sending me here to check out all of the info. All of this is so crazy. I don't when it will get better. We have gotten Short Sales through but it has been a struggle. This is definitely more of a service that we are working on for our clients --- this is still really a small town where we, or at least many of us, all know each other, from soccer, church, grocery store, etc! We are trying to help where we can and if they do work, they are a bargain.

08/06/2007 12:25 AM by Sandra Williams (Rancon Real Estate)


Hi Sandra, Good luck! There is no substitute for knowledge. Many on AR "know" about short sales and foreclosure. Take advantage of their experience to save yourself and your clients the "cost" of your learning curve.

Bill Roberts

08/06/2007 09:12 AM by Bill Roberts - "Baby Boomer" Retirement Planning (Brooks and Dunphy Real Estate)


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Bill Roberts - "Baby Boomer" Retirement Planning
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