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New short sale bill would require lenders to provide response in REASONABLE time!

By
Real Estate Agent with Keller Williams Realty Coeur d'Alene AB37665

Janna Rankin Scharf, GRI, CLHMS, SFR - Coeur d'Alene Idaho Real Estate

New short sale bill would require lenders to provide response in REASONABLE time!  Now that would be AMAZING!  I won't be holding my breath.....

Short Sale Realtor Janna Rankin ScharfThe new bill, H.R. 6133, Prompt Decision for Qualification of Short Sale Act of 2010, has been introduced in an effort by Congress to require lenders to speed up their time table of response.  It routinely takes MONTHS for a response, while potential buyers bail on their attempts to purchase the home and frustrated sellers lose their home to foreclosure. 

National Association of REALTORS President, Vicki Cox Golder, said, "The short sale, which requires lender approval, is an important instrument for homeowners who owe more than their home is worth. While the lending community has worked to improve the size and training of their short sales staffs, they still have a long way to go on improving response times."

My personal experience with short sales in the Coeur d'Alene market area is that the response time, once an offer and complete packet of required documents is submitted, exceeds 90 days.  In many cases it's well beyond 90 days.  Local and regional lenders are much more responsive than national servicers and big banks, and tend to respond in under 30 days. 

In the past year, I have seen a marked decrease in the number of buyers who are willing to consider pursuing a short sale.  Buyers and their agents have either heard the horror stories about waiting months for a response, only to find that they won't be able to purchase the house after all, or they've already been victimized by the process and aren't willing to subject themselves to it again. 

Unfortunately, on the other side of the coin are distressed sellers in a tough spot, attempting to do all they can to make the best of it, for the lender as well as themselves.  And in spite of their best efforts, they end up losing their home to foreclosure.  While the lender eventually gets significantly less at the trustee sale than they would have if they would have approved the short sale many months earlier. 

October 17, 2010 is the one year anniversary of one of my short sale listings.  I had a complete offer submitted on Nov. 3, 2009.  Those hopeful buyers are still waiting, eleven months later.  Most buyers would have withdrawn long before now.  Hopefully H.R. 6133 passes and lenders are held to a REASONABLE response time. 

But then, what's the definition of reasonable?

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Janna Rankin Scharf provides a superior level of real estate service to home buyers and sellers in Coeur d'Alene and Kootenai County, Idaho. Visit www.JannaScharf.com for area information and to search for all homes in the Coeur d'Alene Multiple Listing Service. 

No matter how grand or modest your real estate dreams may be, you can turn to me in confidence.  Give me a call today so I can  be of service to you!

Janna Rankin Scharf AB, GRI, CLHMS, PMN, SFR  208.651.9700

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StepStone Realty
StepStone Realty, LLC - Austin, TX
Freedom to Succeed

Yes, unless they define what is "reasonable", I'm not convinced it will help.  Interesting, though.  Progress maybe? :)  Thanks for sharing that, Janna!

Sep 29, 2010 05:31 AM
Mike Carlier
Lakeville, MN
More opinions than you want to hear about.

There could be one undesirable outcome.  The bill could force lenders to say NO when they run out of time.  Does this really benefit the seller?

Sep 29, 2010 05:36 AM
Angie Francis
StepStone Realty LLC - Austin, TX
StepStone is Real Estate without Limits!

I am also noticing that more and more buyers are not willing to hang in there.  I specialize in listing short sales but even I avoid them when I'm working with a buyer!  

Mike had an interesting point that the timeline might force the lenders to just deny the short sale.  

Sep 29, 2010 05:48 AM
Janna Scharf
Keller Williams Realty Coeur d'Alene - Coeur d'Alene, ID
Coeur d'Alene Idaho Real Estate Expert

E.J. - I really couldn't be any worse for the seller, because they will likely lose their buyer anyway, or be disapproved anyway, and it just prolongs the agony!  They can't move onto the next chapeter and a brighter future, until they get closure.  And being in limbo is AGONY!

Sep 29, 2010 05:58 AM
Stevie K. Bear
Four Directins Realty- Managing Partner - Austin, Tx - Austin, TX
REALTOR ABR, CRS, GRI

About time!! I won't hold my breath or anything, but, honestly, I had a client put 5 short sale offers in back in June, most full price or better. We bought the ONE that responded. Another eventually responded, and the other three?? Never heard a peep from them! Ridiculous!! We bailed them out, but, they refuse to do the work now to bail others out. Where is the outrage??!

I HOPE this measure does some good, but fear it will die on the floor, like so many other things that have been put before Congress this year. However, a little hope is better than none, so I will hang on to that for now & thank you for the terrific post!

Sep 29, 2010 06:17 AM
Craig Rutman
Helping people in transition - Cary, NC
Raleigh, Cary, Apex area Realtor

We can only hope this bill passes. Some very patient buyers of mine are still waiting for an answer from an offer that was placed seven months ago.

Sep 29, 2010 09:54 AM
Sharon Tara
Sharon Tara Transformations - Portsmouth, NH
Retired New Hampshire Home Stager

If only the bill itself could pass in a REASONABLE amount of time! 

Sep 29, 2010 11:51 AM
Sally K. & David L. Hanson
EXP Realty 414-525-0563 - Brookfield, WI
WI Real Estate Agents - Luxury - Divorce

It's unfortunate we have legislate for common sense...grrrr

Sep 29, 2010 10:51 PM
Dave Halpern
Dave Halpern Real Estate Agent, Inc., Louisville, KY (502) 664-7827 - Louisville, KY
Louisville Short Sale Expert

The bill calls for prompt response, not prompt approval. This may cause more prompt denials.

Sep 30, 2010 01:18 AM
Dawn Maloney
RE/MAX Trinity Northeast Ohio Real Estate Specialist - Hudson, OH
330-990-4236 Hudson & Northeastern Ohio

If you would like to track this bill, use this link: http://www.govtrack.us/congress/bill.xpd?bill=h111-6133

Looks like it is in committee as of 10/28/10. With the elections, I don't think it will move much anytime soon.

Oct 28, 2010 01:40 PM