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Not Every Agent Will List a Buy and Bail Short Sale in Sacramento

By
Real Estate Agent with Elizabeth Anne Weintraub, Broker DRE #00697006

yarrow with insects

Sometimes things turn out to be a blessing in disguise. I was a little astonished yesterday when a client emailed me to ask if his home in Roseville had gone to auction yet. When I pulled up the information in the tax rolls, for some reason, I also ran the address in MLS. It was a shock when I pulled up the listing that had expired this spring. My client had listed his Roseville short sale with a friend of mine and not with me. The agent must have known, but the agent never called me.

The first thing that crossed my mind was why did that agent's listing expire? Why didn't the agent instead withdraw or cancel that listing from MLS? Like in grade school, it goes on your permanent record. Very few agents want expired listings to be noted in their MLS records. Typically, we withdraw those listings before they expire.

The second thing I wondered about was whether I had somehow inadvertently offended the client. I had helped him to buy a home in Land Park last year. At the time, I recall sending the client to a tax accountant and a lawyer for tax and legal advice. I also sent his file to credit approval -- a process that takes several weeks -- before we wrote any offers on homes in Land Park. That's because I didn't want the liability of a buy and bail scenario, plus I needed to make sure that an upside-down home would not disqualify this buyer from buying a new home.

Not every lender will reject a file from underwriting when a buyer has no equity in an existing home. But most of them will. To get through underwriting, a buyer with an existing underwater home has to show strong financials and to be able to afford to own both homes. Even then, there's no guarantee they'll get the loan.  So, we got this buyer manually preapproved through underwriting before buying a home in Land Park. Nobody wants to get to the closing table and find out a loan has been rejected.

Turns out, after he closed on his new home, my client decided to dump the home in Roseville. His income was too high to qualify for a short sale without making a seller contribution, which he didn't want to do. The loans secured to that property were hard money. You can bet your booties those lenders, especially the second short sale lender, would demand a contribution. I wondered why this Sacramento short sale agent did not have that discussion with the seller prior to listing and refuse to take that short sale. Even more weird was the fact the client said he had refused to submit financials to the short sale lenders. I typically collect that information upfront and thought other agents did the same thing. Apparently not.

It's not a short sale listing if the seller doesn't qualify, especially if the seller won't submit the required documentation. It's an exercise in futility, which very few Sacramento short sale agents would willingly undertake. Most of us are in the business of closing our short sales.

The client told me he wanted to spare me the agony. That's why he listed with a competitor. He knew that his short sale would never get approved. I happen to like the agent he listed with, too. It's not fair that he put the agent through the wringer. But I'm glad he had the foresight not to call me. Because I would have had to turn him down.

P.S. To protect the identity of those in this story, certain facts in this blog have been changed.

Tip for Land Park gardeners: If you're planting tomatoes this spring, be sure to slip some yarrow into the garden. Yarrow attracts beneficial insects that eat tomato-destroying bugs. It's the organic thing to do.

Photo: Yarrow with insects in my Land Park garden, by Elizabeth Weintraub

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Elizabeth Weintraub is co-partner of Weintraub & Wallace Team of Top Producing Realtors, an author, home buying expert at The Balance, a Land Park resident, and a veteran real estate agent who specializes in older, classic homes in Land Park, Curtis Park, Midtown, Carmichael and East Sacramento, as well as tract homes in Elk Grove, Natomas, Roseville and Lincoln. Call Elizabeth Weintraub at 916.233.6759. Put our combined 80 years of real estate experience to work for you. Broker-Associate at RE/MAX Gold. DRE License # 00697006.

Photo: Unless otherwise noted in this blog, the photo is copyrighted by Big Stock Photo and used with permission.The views expressed herein are Weintraub's personal views and do not reflect the views of RE/MAX Gold. Disclaimer: If this post contains a listing, information is deemed reliable as of the date it was written. After that date, the listing may be sold, listed by another brokerage, canceled, pending or taken temporarily off the market, and the price could change without notice; it could blow up, explode or vanish. To find out the present status of any listing, please go to elizabethweintraub.com.

Comments(21)

Katherine Fornale
REMAX REALTY 9 - Howell, NJ
SFR, GRI

I', wondering why he didn't call the agent he listed with.  Basically I agree with you in not accepting this type of listing.  If the seller isn't going to cooperate in a short sale it isn't worth my time and effort.  Some agent will accept any listing just to make the phone ring.

May 31, 2010 03:11 AM
Elizabeth Weintraub Sacramento Broker
Elizabeth Anne Weintraub, Broker - Sacramento, CA
Put 40 years of experience to work for you

Hi Melissa: Or stop bailing your brother out of jail.

Hi Katherine: I guess he didn't call that agent because he didn't consider that agent to be his agent.

sacramento short sale agent

May 31, 2010 03:14 AM
Mary Douglas
United Country Ponderosa Realty, Red Feather Lakes, Colorado - Red Feather Lakes, CO
REALTOR, Red Feather Lakes, Colorado

Hi Elizabeth, I didn't know that about the yarrow and the tomatoes- thanks for the tip.  Of course, trying to grow tomatoes where I live with such a short growing season is almost as futile as this seller's quest for an approved short sale :-)

May 31, 2010 03:20 AM
Cynthia Larsen
Cotati, CA
Independent Broker In Sonoma County, CA

Oh man, a short sale without seller cooperation?  I'd rather go to the dentist.  I have never heard about planting yarrow among my tomatoes, I'll try it!

May 31, 2010 04:05 AM
Bryant Tutas
Tutas Towne Realty, Inc and Garden Views Realty, LLC - Winter Garden, FL
Selling Florida one home at a time

Interesting that they would go through the process of listing when they had no intention of selling. Short sales aren't for everybody. Sometimes foreclosure is inevitable and may even be the best way to go.

It's sooooo important to check the sellers motivation prior to taking the listing.

May 31, 2010 05:39 AM
Heather Fitzgerald
REALTY WORLD-Harbert Company, Inc. - Greenwood, IN
REALTOR Greenwood Indiana Real Estate

Elizabeth,  he knew you know what you are doing, and would not have been okay with any of that, so he took advantage of your friend.  Your an expert and know this was not a good scenario with manipulating the system and refusing to follow short sale prodecure, and he knew that you knew that and wouldn't tolerate nonsense, as you know how to get short sales closed!

May 31, 2010 06:29 AM
Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

Silly of him to have wasted her time in listing it at all.  Never heard of yarrow, gotta look that up.

May 31, 2010 06:38 AM
Linda Jandura
Raleigh Cary Realty - Apex, NC
Realtor, North Carolina Buyer & Seller Specialist

if I ever get a short sale listing here in NC, I think your blogs will have helped more than any of the "seminars" that are around.  Good thing you got out of this one. Maybe your friend didn't notify him because he had not cooperated with her. Maybe she did notify him and he never responded.

May 31, 2010 07:33 AM
Chris Ann Cleland
Long and Foster Real Estate - Gainesville, VA
Associate Broker, Bristow, VA

Elizabeth:  I have to agree with Heather here.  This guy was playing a game and didn't come back to you because you wouldn't have any part in it.  Interesting though, for someone that has dumped their home to be so interested to know what's happening with it.  Giving his first buy and bail, makes me wonder if he has someone cued up to buy his previous home in auction.

May 31, 2010 09:26 AM
Sacramento Grapevine
SacramentoGrapevine - Roseville, CA

Elizabeth,

 

Love the new haircut and photo.

May 31, 2010 10:15 AM
Elizabeth Weintraub Sacramento Broker
Elizabeth Anne Weintraub, Broker - Sacramento, CA
Put 40 years of experience to work for you

Well, I'm not sure exactly why he listed that home as a short sale. I suspect he was advised by a lawyer that in the event the second lender came after him, he could show it was once for sale or that he tried to sell it. But I don't see how that would matter. Foreclosure or short sale makes no difference when it comes to those hard-money seconds pursuing a deficiency.

I was wondering if anybody would notice my photo changed, LOL.

sacramento short sale

May 31, 2010 10:25 AM
Myrl Jeffcoat
Sacramento, CA
Greater Sacramento Realtor - Retired

Elizabeth - Now that new photo really looks like you!  I need to be brave and get another photo taken one of these days.  Mine is 4 years old. . .BUT it does look more like me, than I do. . .LOL

May 31, 2010 01:00 PM
Myrl Jeffcoat
Sacramento, CA
Greater Sacramento Realtor - Retired

I also meant to add that I like your disclaimer about changing facts in the story.  I often do that to protect the GUILTY:-)

May 31, 2010 01:03 PM
Terri Adams-Scott
J. Rockcliff, REALTORS - Walnut Creek, CA
Realtor, Walnut Creek CA Real Estate

Your short sale experiences are always interesting to read.  I love the new 'do' and picture!  You look fresh, spunky and professional!  Great look!

May 31, 2010 03:30 PM
Margaret Rome Baltimore 410-530-2400
HomeRome Realty 410-530-2400 - Pikesville, MD
Sell Your Home With Margaret Rome

Pretty yarrow photo...even prettier photo of you.

Now this is what I call a  very good client  who "... wanted to spare me the agony."

Margaret

 

May 31, 2010 03:39 PM
Lori Mode
The Mode Real Estate Group - Elk Grove, CA
Real Estate Made Simple

Elizabeth - I love your new haircut! Doing a short sale without seller cooperation is impossible...first thing I tell my sellers up front is how important their cooperation is. 

Thanks for the tip on the yarrow too...never heard that before.

May 31, 2010 06:38 PM
Missy Caulk
Missy Caulk TEAM - Ann Arbor, MI
Savvy Realtor - Ann Arbor Real Estate

Hey Elizabeth, just stopping by to say I like your new hair style. Very chic...

Jun 01, 2010 01:54 AM
Aida Pinto
Independent Real Estate Broker - Los Angeles, CA
Real Estate Broker (562) 884-6196

Thanks Elizabeth for posting is in my group: Real Estate Fraud, Scams and Ponzi schemes REPORT THEM HERE I featured, and will be re blogging it!

Jun 07, 2011 04:05 AM
Paddy Deighan MBA JD PhD
http://www.medicalandspaconsulting.com - Vail, CO
Paddy Deighan J.D. Ph.D

Loved the blog title...I will probably be contacting you regarding a short sale in teh Sacto area....my client spoke with the listing agent and her broker would not allow the offer to be presenbted to the home owner because it was from an investor!!!!  I am NOT happy!!

Jun 24, 2011 09:59 PM
Elizabeth Weintraub Sacramento Broker
Elizabeth Anne Weintraub, Broker - Sacramento, CA
Put 40 years of experience to work for you

Well, Paddy, you're up early on a Saturday or maybe you just haven't gone to bed yet, but I cannot imagine why a broker would not allow an investor to make an offer on an agent's short sale listing. The only basic restriction is if the home is located in California, is owner occupied and a notice of default has been filed, then the buyer's agent for the investor must comply with the Home Equity Sales Act. As long as you follow those rules, you can still write an offer.

But a broker / agent must present ALL offers to the seller. You can't pick and choose. That's a DRE violation.

Jun 25, 2011 02:27 AM