In fact, the short sale ride is long, bumpy, and possibly dangerous to the riders.  Short sales are tough, now more so than ever before.  I know.  I've been doing them for 20 years... not 20 minutes.

Aren't we, as a real estate community, all about solving problems?  Isn't that what drives us?  That presumes we recognise the problem we attempt to solve as a whole... not just what can be seen froma quick peek through a keyhole.  If we simply try to get from point A to point D, we fail to adequately address the needs of our client:  the distressed homeowner. 

Are they anxious?  You bet.  They need consistently reliable information, and hand holding. They need to be fully apprised of the timetables, and the consequences for a successful transaction, as well as a failed transaction.  They need to know where and when they will move, and what resources they will still have.

  • the best buyers are qualified retail buyers who want to live in your home, not speculative investors who make lowball offers (even though the seller gets nothing at closing, it is in the sellers' interest to get an offer as close to market value as possible....)
  • the lender may accept, reject or ignore a short sale proposal after 45 to 90 days or more
  • the lender may agree to forgive the debt which creates an exposure to a tax liability
  • the lender may agree to release the mortgage, but still require the seller to pay what is owed
  • the lender may approve the short sale, but require the buyer to close within 30 days
  • even if the lender approves the short sale, 100 things could go wrong and the home still sold at a foreclosure auction

I've read many posted essays, comments, and questions about preforeclosure short sales on Active Rain...  There are a handful of Groups which I would consider credible, but a disproportionate number whose information offered as 'fact' is more 'fluff' and only partially true... and "they" say a little bit of information can be dangerous. 

Putting aside the commission incentive and need to make a living... let us not forget the distressed (financially and emotionally) homeowners who depend upon our professionalism and expertise to resolve one of the most traumatic experiences a family can endure..... the loss of homeownership to foreclosure.  To reinvent the wheel at the expense of trusting homeowners by agents resorting to servicing the listing by "trial by error" should not be acceptable.

The agent who fails to complete a short sale loses a deal. So what. There will be other deals.  The homeowner whose agent failed loses much more than that.  The house, of course.  Future creditworthiness. Health, and quite possibly, the family as a unit. Or, in extreme cases, life itself. (Tony left a weekend message on my voicemail stating he would kill himself before allowing the lender to take his house.... and days later he was found, dead, at his kitchen table still clutching the eviction notice.  Or the fellow who lost his family (to prison) because they robbed a local bank for funds to pay the Sheriff... but promptly lost it all at a casino....)   

There is more to this technique than mastering the mechanics of a preforeclosure short sale transaction. Our duty is to our Clients, which I believe extends to the successful transition to alternative housing.

A successful short sale transaction is a wonderful thing, but that is another essay.

I know this piece is both disjointed and rambling... but I've got some hands to hold. 

An Ethical Approach to preforeclosure (& short) sales

 

 

19 Comments on Short Sales are NOT a free ride

SEP
10
2007
165,557 Points
David, thanks for the post on short sales.  Of course an agent who desires to work the short sale market must start as a beginner.  It's great to have experience, but experience comes through doing.
8:39am • #1
1 Featured Post

"It's great to have experience, but experience comes through doing."

I agree, but its unfortunate the agent's tuition for the education/experience is paid by the homeowner. It is unfortunate the mortgagee(s) aren't more nurturing and supportive of the distressed homeowner...being cooperative and available instead of adversarial through the proces. 

8:49am • #2
130,028 Points Outside Blog
The name makes it so deciving especially to a customer that has never seen this and wants to purchase that home.
8:58am • #3
Thanks for the realistic advice.  My advice to buyers of investments right ow is to buy and hold!  Flipping and short sales are best left to those with experience, AND MONEY!
9:03am • #4
SEP
11
2007
236,785 Points 1 Featured Post Localism Sponsor Outside Blog Hit Router
David this is a great post.  Thanks.  I enjoy reading your post on short sales because I know I will learn something.  The market has put us in the state and we have to be educated in order to help others.
11:31am • #5
SEP
18
2007
165,557 Points
David - I was led back to this post while browsing your blog.  Thanks again, for the thoughts.
8:21am • #6
279,859 Points 1 Featured Post Outside Blog
I am curious how much off of retail that you are getting on short sales?  20%, 30%, more.
7:33pm • #7
1 Featured Post

David,

Thanks for your insightful post.  I had actually ordered your book to help me through my first short sale experience.  I can definitely say that it isn't for the weary.  And you're right...those agents who are taking a shotgun trial and error approach to these homeowners are doing them a great disservice if their entire focus is not the wellbeing of that family.

Agent that are doing short sales:  Please take the time out to educate yourself on the complexities of these transactions, the foreclosure laws in your state, and post foreclosure options for your clients.

10:47pm • #8
SEP
19
2007
1 Featured Post
Thanks for your kind words, and the adviso to agents willing to reinvent the wheel at the expense of their clients.  I've had readers post and state the opnly way to learn is by doing.... and while that is correct the agent should have the requisite tools and be able to avoid predictable obstacles.... but many don't, and point the finger of blame for a deteriorating transaction onto the 'uncooperative' lender, or someone other than themselves.  I applaud you for your research.
8:24am • #9
223,094 Points Outside Blog

I absolutely agree with you... It's all about helping the "mortgagor"!!! We ALL need to keep that in mind. There are tax consequences for the "mortgagor" if it does sell no matter what the case is. I make it a point to explain this to them, the next tax year they will receive a 1099 from the IRS claiming they have additional taxable income for the property that was sold as short sale. Educate them and prepare them for it, it's our duty!!! Isn't it??

Thanks Dave... for the correction from mortgagee to mortgagor.

10:27am • #10
1 Featured Post
Yes, it is our responsibility to advise the seller to seek legal and tax advice....  But not to state equivocally the seller will incur a tax liability. That's up to the tax pro to decide.
11:03am • #11
OCT
02
2007
OCT
03
2007
1 Featured Post
Great post - as usualy you said it well. Many agents are taking short sales and have no clue what to do or how to handle sale. You are a true pro
1:47am • #13
OCT
23
2007
Great post..I see way too many "BOTCHED" short sales..:)
6:15pm • #14
DEC
08
2007
236,785 Points 1 Featured Post Localism Sponsor Outside Blog Hit Router
never said better, no picnic at all. but they are here for a while..
10:40pm • #15
DEC
09
2007

Ramble on my man... it is powerful good

I am pleased that you take your responsiblity seriously as an old-salt...to train, encourage, prodd us newbies in this field

12:53pm • #16
DEC
12
2007
2 Featured Posts

David,

Great post! There is a big stake for the homeowners here. They have more to lose than the commission that agents will lose if the deals are not closed. Like you stated, it can become quite personal.

Dave

1:05am • #17
MAR
18
2008
Outside Blog

Short sales are a very deliquate matter for the homeowners.  I have been to short sale seminars but NOTHING beats personal experience.  I've never worked with a homeowner selling as a short sale but I am now working with a buyer "trying" to purchase a short sale property and I am learning more about the process.  Fortunately for the homeowner, the LA is very experienced and specializes with short sales. 

It surprizes me that many consumers think of shortsale as short on time.....  <g>  The name is misleading. 

2:44am • #18
MAR
20
2008
3 Featured Posts Outside Blog

Dave - You bring an insight an information to this subject that is appreciated.  you are correct...people are losing their homes due to agents looking for ways to line their pockets at the expense of a distressed person who is going to lose their home.  I am fearful for many of these REALTORS.  I am sure many of them will see complaints filed against them in the future.  Once the sellers of these properties are back on their feet and realize what happened because they were under emotional distress, and the actions of their agents cost them to be followed for years by collectors, bad credit marks and potential deficiency judgments there will be a backlash against someone...I think the easy target will be the uneducated and misinformed REALTORS.  Not worth the future liabilities in my opinion. And, you better hope you get all of the paperwork to dismiss not just the mortgage, but also the note for your seller.  Most REALTORS don't even know the difference between these two things...ugh!!!

I recommend any REALTOR before taking a short sale speak with their attorney, advise their seller to speak with an attorney and try to work out a deed in lieu of foreclosure situation before ever trying a short sale.  a short sale should be the last resort before foreclosure...not the first attempt to correct a bad situation that will just get worse if they list their property with an uneducated agent.

5:51pm • #19

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David Petrovich

Oakhurst, NJ

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S.P.O.C.H. a 501c3 Charitable NP

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All things foreclosure: subprime & predatory lending updates, mortgage origination fraud, loan servicing errors, loss mitigation, preforeclosure sale and preforeclosure short sale transaction construct, etc.


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