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Does Any One Know Why The Banks Prefer Foreclosures Over Short Sales?

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

Lenders push houses to foreclosure by demanding short sale offers to be 10% to 30% higher than market value.

It’s a mystery.

We can send the lender the electronic log from the lockbox to prove that 20 or 30 agents showed the house and that we got the highest offer the market will pay.

We can send them comparable sales showing market value. We can show the banks the long days on market and all the comparable listings that never sold.

Somehow the lender overrides reality.

Foreclosures Cause Values To Spiral Down. Short Sales Reduce The Lender's Losses.

  • The lender dooms the house to foreclosure rather than accepting a logical short sale. That causes more blight in the neighborhood, which brings values further down, which causes more future foreclosures.
  • Many articles and studies have been published that lenders lose much more in a foreclosure than in a short sale. Foreclosure resale prices further bring down the prices in the neighborhood, causing more future foreclosures.
  • A foreclosure also means that the hardworking borrowers who lost their house will be shut out of the buyer pool for many years longer than if they completed the short sale. The banks are diminishing the future buyer pool, which will prolong the foreclosure crisis by many years.
  • Yes, the banks lose money when they approve a short sale, but they lose much more in a full foreclosure. This can be shown time after time.

Does Any One Know Why The Banks Prefer Foreclosures Over Short Sales?

Are the lenders dooming houses to foreclosure out of corporate inefficiency or is it a deliberate strategy?

Does any one know? Please share your knowledge here so we can understand.

Stephanie McCarty
McCarty Homes - Canton, GA
REALTOR

There is a video online where two guys are explaining in a powerpoint presentation how between government guarantees and mortgage insurance payouts the banks actually MAKE a substantial profit on foreclosures.  

Oct 09, 2010 03:16 AM
Larry Lawfer
YourStories Realty Group - Newton, MA
"I listen for a living." It's all about you.

Saying "banks" prefer foreclosures to short sales is a little to all inclusive since not all banks are the same. Some banks may prefer a foreclosure to a short sale due to timing.  In a short sale they may not own title to the property and be at the mercy of that title holder.  That slows them down.  If their performing to non-performing mortgage ratio hits a certain point they loose their ability to have Fannie and Freddie provide them greater loan power. At that point they are going to move the fastest way they can...if that is foreclosure so be it. Banks care little if at all for the people, they care about their business and so they will act in accordance with the business plan is spite of any sanity you may be able to add to this situation.  It is mystifying isn't it, but it has always been true, follow the money.

Oct 09, 2010 03:20 AM
Mike Carlier
Lakeville, MN
More opinions than you want to hear about.

I think it depends on the property, and sometimes the owner too.  There are mortgage insurance and government guarantees attached to some property that makes it more profitable for banks to foreclose on some properties.  If the owner has assets that can be accessed through a deficiency judgment, it's more likely that there will be no short sale. 

Oct 09, 2010 03:28 AM
Brenda Busch
Morris Real Estate - Bridgewater, MA

Thanks for the great explanations!  This now makes more sense to me.  I was wondering how much the mortgage insurance plyed in to the foreclosure picture.

Oct 09, 2010 03:35 AM
Dan Edward Phillips
Dan Edward Phillips, Humboldt and Del Norte Counties, CA - Eureka, CA
Humboldt and Del Norte Counties, CA

In many cases there is an advantage to forclosure over short sales for banks but it is a case by case basis.

Oct 09, 2010 03:37 AM
Brian Bean
The Dream Big Team at Better Homes and Gardens Real Estate Champions - Riverside, CA
Homeowner Advocate, Dream Big Team, S.Calif

Agents who don't know how to properly navigate the process contribute to the high rate of short sale failure. More than half of short sales do not close. Yet many agents have success ratios over 90%.

It's math. If a transaction is more profitable to the bank as a short sale vs. a foreclosure, then the bank will do the deal. But it's critical that the agent get that message into the right person's hands at the bank -- someone who has the authority to make the decision, someone whose paycheck includes incentives for return on investment.

That means getting past the initial "No." And too few agents are willing or able to make it over that obstacle.

Oct 09, 2010 03:55 AM
Renée Donohue~Home Photography
Savvy Home Pix - Allegan, MI
Western Michigan Real Estate Photographer

I believe that every short sale can get approval but not every seller will approve of the terms, price and conditions.

That being said - there are different reasons for those terms and conditions - was it purchase money, was there a strong hardship, was there PMI?  PMI may be a leading factor here for junior lienholders (mostly) to get greedy.

Oct 09, 2010 04:30 AM
Dave Gubler
Mission Viejo, Foothill Ranch, Lake Forest, Ladera Ranch - Lake Forest, CA
Realtor | Orange County

The long and the short of it is that there are many "behind the scenes" factors in play and we (as a seller's agent) cannot know most of these factors heading in to a short sale.  Many will be discovered as the process continues in each particular case but some things we will never know. 

All you can do is apply all of your skill and effort to each individual case combined with the knowledge that you are able to apply.

It really is a complicated issue in the end.

Oct 09, 2010 04:50 AM
Dave Halpern
Dave Halpern Real Estate Agent, Inc., Louisville, KY (502) 664-7827 - Louisville, KY
Louisville Short Sale Expert

Thanks everyone for joining the conversation.

Stephanie #1 - do you have a link to that presentation. Sounds informative.

Larry #2 - I agree I generalized. Lately, though, the banks are becoming more irrational.

E.J. #3 - The MI companies may be shortsighted. By making unreasonable counteroffers, they are pushing more houses to foreclosure which brings down neighborhood values which causes more foreclosures which causes the MI companies to lose more. Whew!

Brenda #4, Dan #5 - I wonder if we'll ever know the real reasons. Would be interesting to be a fly on the wall in the banks' boardrooms.

Brian #6 - absolutely correct! Agents need to be persistent and skilled to appeal the bank's decision.

Renee #7 - more and more the bank's are issuing acceptance letters with draconian terms that the seller simply cannot handle. HAFA was supposed to mitigate that problem but it's still too early to tell.

Dave #8 - absolutely right! I think we'll only know if a loss mitigation executive ever writes a book.

Oct 09, 2010 07:53 AM
Satar Naghshineh
Satar - Amiri Property and Financial Services Corp. - Irvine, CA
Todd Clark - Retired
eXp Realty LLC - Tigard, OR
Principle Broker Oregon

The simple answer is these banks are in the back pockets of many politicians who have promised that they will get all the money they are losing in tax breaks and in some cases actually cash if they have any loses due to foreclosure, where they won't if they do a short sale.

Oct 10, 2010 01:35 AM
Stephanie McCarty
McCarty Homes - Canton, GA
REALTOR

http://www.larryhotz.com/fdic-pays-bank-to-foreclose/

http://www.youtube.com/watch?v=kdJBNCGEVso

here are two that I have seen

Oct 10, 2010 04:21 AM
Anonymous
Gayle Henderson, CDPE

  Sweeping generalities are dangerous at the very least.  To say "the banks" prefer foreclosures is an attempt to dilute a complex issue into a simple one-size-fits-all answer, which risks enormous distortion and just isn't credible. 

Those of us deeply embedded in the short sale business and intimately involved in the daily interface with banks know that "the bank" includes the servicing role and policies on the surface (most banks own less than 20% of the loans they service),  and the many other decision makers under the umbrella- the investor- mortgage insurer. all of which are captured on an individual transaction.   Any one story is just that- one story; one borrower one buyer two REALTORS and a snap-shot in time.  All too often we take a myopic view. Our experience on todays specific short sale, will never be identically repeated again and defies being classified as the"norm".

 Working hard as a Listing Agent on behalf of our client's, we try to get the highest and best offer on the front end; several counter offers, listing history, a seller paid for independent BPO and a buyer with a stated commitment of time they will stay engaged in the process to achieve lender approval, an earnest deposit , a pre-approved loan, a preliminary title report.  All of this adds up to making your case stronger in the front of the investor. 

It is not us against "them".  If we are going to be a part of the solution we must look at everyone in this equation as our partner in the solution, from the Buyer Agent who needs to be on the same page from the beginning, to the servicer, investor, insurer- not to overlook the Seller whose staying power in this marathon is essential.  Our litmus test in this process is, in large part, the case we make and our power of influence.

Oct 10, 2010 05:47 AM
#13
Dave Halpern
Dave Halpern Real Estate Agent, Inc., Louisville, KY (502) 664-7827 - Louisville, KY
Louisville Short Sale Expert

Gayle,

Recently we have had literally lenders tell us they prefer to foreclose because they get paid more by the mortgage insurer. 2nd position mortgage holders tell us turn down $5,000 to $8,000 dollars because they want more, even though they'll get zero and auction. We appeal and escalate with comprehensive documentation.

Even when buyers are willing to make up the difference on behalf of the seller the banks veto it, and I insist that everything be disclosed to all parties.

There definitely is a recent trend of lenders putting more obstacles than before and literally stating that they don't care if it goes to foreclosure.

Even the most patient sellers and buyers get worn out and get off the train, causing more setbacks.

Oct 10, 2010 05:58 AM
Stephanie McCarty
McCarty Homes - Canton, GA
REALTOR

it's such a simple concept. . .the second mortgage holder and potential buyer are just thorns in the side that the banks don't have to deal with on a foreclosure.    The bank is concerned with bottom line.    I just don't see short sales being worth it for the buyer under these circumstances - they direct the listing agents to list them at below market prices and then refuse to accept full price - it's a game.

Oct 11, 2010 03:36 AM
Gayle Henderson
RE/MAX Excalibur - Scottsdale, AZ
Your Terravita Resident Specialist

I can only speak from my experience here in metro-Phoenix, hard-hit by the real estate crisis.  Our numbers show that short sales, in general, are in better condition and, most likely resemble a traditional sale in terms of condition and pride of ownership, at a tremendous value.  We are working our way out of the time when it took 6 month for approvals and see approval times dropping dramatically; many in less than thirty days with and without second liens- many second lien holders able to make assessments and commitments in ten days or less. 

Bottom line is that lenders realize they will lose anywhere from 15-25% more if they foreclose and then turn around and sell as an REO. A small percentage of our foreclosures sell at trustee sale and most revert back to the lenders. The vacant properties deteriorate, while costs of sale increases through ongoing maintenance, property taxes , utilities. If they can have a seller in the property, maintaining it and paying utilities they are definitely ahead.  Short sales will be a solution to arresting declining values and helping to stabilize our markets at levels above foreclosure. 

Short sales are now representing 25% of metro Phoenix closings in the month of August and appear to be rising based on under-contract and sale-pending numbers.

Oct 11, 2010 04:50 AM