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What's a Retiring Home Owner To Do? The Tale of a Northern Virginia Short Sale Rejection.

By
Real Estate Agent with Long and Foster Real Estate VA License # 0225089470

Not too long ago, I had the pleasure of representing a Northern Virgnia Short Sale Seller who was anticipating a loss in income due to their impending retirement and subsequent move closer to aging parents.  The Seller was never late on a mortgage payment and the house was immaculate. 

The hardship letter stated the impending circumstances.  The Seller's circumstances were due to change six months from the writing of the letter and listing of the home.  Just enough time to get the Short Sale under contract and in for processing.  Unfortunately, it didn't get approved.  Why?  The Seller currently makes too much money and there is no current hardship.  Showing the near future to the bank didn't make a difference at all.

The Seller was told to try again once the financial hardship actually hit.  In other words, "Let us know when you've retired and moved, even though it's only a few months away."  Great business decision on the bank's behalf (I say with sarcasm.)  Now the bank has incentivized this responsible home owner to consider dropping the keys in the mail and leaving the house vacant until the bank can figure out what to do with it.  Nevermind that his offer was GREAT!  Best price seen in the neighborhood in many months.  Nevermind that the price in the Short Sale just rejected by the bank will not be the same offer the bank gets once the home is vacant and doesn't show as well.  Nevermind that the market will lose steam if all these predictions come true about unemployment and such.

Perhaps the bank would like to see this Seller work their fingers to the bone, forget their aging and ailing parents, and stay put just to keep making the monthly payment on time.   That's not going to happen.  The Seller will retire and move closer to family to care for the parents.  I guess once a few payments are missed and the balance sheets are really screwed up that the bank will sit up and take notice. They'll probably even bitch that this Seller waited too long to try a Short Sale.

This is the first outright Short Sale Rejection I have seen in my experience as a Northern Virginia Short Sale Listing Agent since 2007.  I'm sure it won't be the first as we wade through at least the next few years of retiring home owners under water and trying to do the right thing.

Comments(14)

Vickie Nagy
Coldwell Banker Residential Real Estate - Palm Springs, CA
Vickie Jean the Palm Springs Condo Queen

Chris, this sounds hard, but it's the line that some financial institutions take. I fear that next they'll say that the retirement is a voluntary action, denied again.

Aug 29, 2010 12:38 PM
Ginny Gorman
RI Real Estate Services ~ 401-529-7849~ RI Waterfront Real Estate - North Kingstown, RI
Homes for Sale in Southern RI and beyond

chris, i'unless it's a local institution there is just no motivation to do the right thing by banks...i haven't experienced it yet but am sure it's coming at me soon...it is sad

Aug 29, 2010 12:43 PM
Carol Pease
JP & Associates Realtors - Bastrop, TX
CRS, Broker-Associate 512-721-6320

 I had a similar situation with BOA going on right now.  The seller wasn't 30 days late,  so it was rejected on Equator.  I waited a few days and submitted it again.  What a waste in time and effort. 

Aug 29, 2010 12:45 PM
Chris Ann Cleland
Long and Foster Real Estate - Gainesville, VA
Associate Broker, Bristow, VA

Vickie:  I seriously fear that they might.  We are to work to make the monthly payment, no matter what.  Who cares about retirement.

Aug 29, 2010 12:47 PM
Chris Ann Cleland
Long and Foster Real Estate - Gainesville, VA
Associate Broker, Bristow, VA

Ginny:  I've had some compelling, upcoming hardships that have been accepted.  Guess retirement doesn't count until you've bailed on the house you can't afford anymore.  Looking to the inevitable is just too logical for the banks.

Aug 29, 2010 12:48 PM
Chris Ann Cleland
Long and Foster Real Estate - Gainesville, VA
Associate Broker, Bristow, VA

Carol:  Don't get me going on Bank of America, or Equator.  I can't stand working with them.

Aug 29, 2010 12:49 PM
Melanie Ross
Coldwell Banker Solano Pacific - Benicia, CA
Benicia CA & Vallejo CA Real Estate, 707-319-2828

I am so sorry to hear this.  I know the banks toe the line until there is actual compelling information to them to consider the short sale.  We had one not accepted by aurora but the owner was just in the process of job transfer, wife was trailing and will be out of work.  We even provide letters from the employer.  Once they stopped payments then it got noticed and we are in process of getting the current buyers offer accepted.

Aug 29, 2010 03:02 PM
Marcy Moyer
eXp Realty of California Silicon Valley Probate, Trust, and Investment Sales - Mountain View, CA
Probate, Trust, and Investment Specialist

Chris,

Which bank rejected the offer?  It seems some are ok with future hardships and some are not.  I believe either freddie or fannie will not approve a future hardship.

Aug 29, 2010 05:29 PM
Chris Ann Cleland
Long and Foster Real Estate - Gainesville, VA
Associate Broker, Bristow, VA

Melanie:  I had one like your scenario where no payments were missed, one spouse was being transferred out of state, trailing spouse would be out of work.  It was Wells Fargo. They accepted the short sale with no missed payments.  I think it really depends on the bank, and more importantly, the investors backing the loan.

Aug 30, 2010 05:35 AM
Chris Ann Cleland
Long and Foster Real Estate - Gainesville, VA
Associate Broker, Bristow, VA

Marcy:  Just the like the scenario I told Melanie about in comment #9, it was Wells Fargo, private investor.  Again, don't blame Wells Fargo.  It's different from investor to investor, be they E-Trade, Merrill Lynch, AIG, etc.

Aug 30, 2010 05:37 AM
Anne Clark
Metro Referrals - Gainesville, VA

Banks just don't have the sense they should being this far into the financial crisis. They should be happy this guy isn't mailing the keys back now.

Aug 30, 2010 03:22 PM
Chris Ann Cleland
Long and Foster Real Estate - Gainesville, VA
Associate Broker, Bristow, VA

Anne:  Common sense is often lost on these negotiators.

Aug 30, 2010 03:51 PM
Margaret C. Taylor
Century 21 New Millennium MD - Mechanicsville, MD
St Marys/Calvert/Charles MD Real Estate Agent

Both the Banks and Investors vary and of course even the Negotiator can make an impasse or have an impact.  Margaret C.

Sep 04, 2010 01:41 AM
Chris Ann Cleland
Long and Foster Real Estate - Gainesville, VA
Associate Broker, Bristow, VA

Margaret:  Our negotiator was definitely working her investor contact because she sees the inevitable course coming.

Sep 04, 2010 02:53 AM