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Realtors Should Not Advise Their Clients To Stop Making Mortgage Payments

By
Real Estate Agent with Dave Halpern Real Estate Agent, Inc., Louisville, KY (502) 664-7827

A commonly asked question by short sale clients is “Should I stop making my payments?”


There is only one acceptable answer:
“As a Realtor I cannot advise you to stop making your payments. Only a lawyer can advise you on that specific question. Please seek legal advice.”


A follow up question is often how does the payment status affect the lender’s decision making in a short sale. Frankly, no one knows the answer to that. If you read thousands of blogs about lender behavior in a short sale it will become clear that there are no consistent rules, published or unpublished.


On one hand you could think that the bank would be more considerate of the borrowers because of the sacrifices they made to keep the payments current during the short sale.


On the other hand many lenders specifically publish in writing that the seller must be delinquent on their payments to be considered for a short sale.


There are many other arguments for and against making the payments during the short sale.


So, it comes down to two answers; What does the borrower’s bank account enable them to do, and what does a lawyer advise them to do. The seller should also confirm that the lawyer understands real estate and short sales.

Dave Halpern

Louisville Short Sale Expert Realtors

(502) 664-7827

Jack Mossman - The Nines Team at Keller Williams in Stockton
The Nines Team At Keller Williams - Stockton, CA
The Nines Team at Keller Williams in Stockton

Dave - Let me highlight a key statement you made:

The seller should also confirm that the lawyer understands real estate and short sales.

I get feed back from potential clients all the time that is really scary .... either they completely misunderstood their attorney, or the attorney is out-of-touch with the real world.  So I have developed a list of 6 local attorneys with whom I have confirmed special experience in short sales and foreclosures.  It makes the process easier, when pre-listing, we are all on the same page.  Thanks for sharing ...

Aug 22, 2010 09:44 AM
Earl Miller
Coldwell Banker Solano Pacific - Benicia, CA
Solano County, Contra Costa,Benicia Real Estate, 707-280-6366

You got that right...keep letting the realtors know this..I have heard that statement alot

Aug 22, 2010 09:45 AM
Dave Halpern
Dave Halpern Real Estate Agent, Inc., Louisville, KY (502) 664-7827 - Louisville, KY
Louisville Short Sale Expert

Jack, I agree with you. Real estate and short sales are usually not part of the lawyer's core knowledge. They simply can't know everything about everything, which is why I added that statement. Good for you for developing your list of knowledgeable attorneys.

Aug 22, 2010 09:49 AM
Dave Halpern
Dave Halpern Real Estate Agent, Inc., Louisville, KY (502) 664-7827 - Louisville, KY
Louisville Short Sale Expert

Earl,

There are so many pros and cons but we simply cannot know what is true and what is a guess. The seller must decide based on their finances.

Aug 22, 2010 09:53 AM
Minna Reid
Reid Real Estate Group LLC - Jacksonville, FL
Associate Broker

I also go out of my way not to answer this question...but it is a little tough when I have seen what happens to their file while they pay....NOTHING.

I did recently get one current (2nd) approved, but the truth is the lender doesn't really care to do a workout, until the workout is "necessary".

Aug 24, 2010 06:53 AM