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ATTENTION HOMEBUYERS IN LOS ANGELES & VENTURA COUNTIES: Think Twice Before Making an Offer on that Short Sale

By
Mortgage and Lending with Los Angeles & Ventura Counties in CA

The other day, I stumbled upon Why Won't the Second Play Ball, They'll Get Nothing in a Foreclosure! by Linda Humphrey.  It got me to thinking about this disturbing new trend of second lienholders not "playing ball" and in some cases, getting down right despicable (i.e. demanding that everyone in the transaction break the law and jeopardize their professional licenses) with the way they conduct themselves in a short sale transaction.  

The market here in Los Angeles & Ventura counties is absolutely saturated with short sales and quite often, the sellers have more than one loan being held against the property. 

As a Mortgage Loan Originator (MLO) who works mostly with buyers, I like to think that I have been pretty lucky that most of my buyers have not been interested in purchasing a short sale.  For most of my buyers, they have heard the horror stories and they tell their Realtors/agents right up front that they are not interested in buying a short sale so don't even bother showing them any.  

While quite a few of my borrowers have made attempts to try and purchase a short sale, most of those eventually canceled their offer after waiting for many months to find out if the lenders would even accept their offers.  

However, there have been quite a few who have actually held in there (average timeframe is around six months) and have actually received short sale approval(s) for their offers.  Of those though, there were a few that ended right there.  

As Linda Humphrey outlines in her post (and many of her commenters share with her), there are a lot of short sales that will never, ever close because the second lienholder refuses to cooperate and demands to be paid more than what the first lienholder is willing to pay them.  One of the worst examples that I have seen of this is a particular Wells Fargo short sale that a borrower of mine wanted to buy.  

One of my clients made an offer on a short sale where Wells Fargo held both the first and second liens.  The seller accepted the full price offer and the offer was then sent onto both divisions of Wells Fargo.  Nearly six months later, Wells Fargo accepted the offer and agreed to pay a small percentage to Well Fargo Home Equity towards the second.  One would think this would be a slam dunk from here on out - right.  NOOO!!!  

Not only did the Home Equity division start pissing and moaning about what they were getting, they then started demanding that the seller kick in some additional funds to them.  When that didn't work, they demanded the Realtors/agents kick in some additional funds to them.  At this point, Wells Fargo (the first) found out what the Home Equity division was doing and stipulated that Home Equity was not allowed to receive more than what they (the first) was paying them.  

It was then that the Home Equity division started demanding that not only was the buyer to kick in some additional funds to them but those funds were to be paid to the Home Equity division off the HUD1 statement (i.e. outside of escrow).  At this point both I and my borrower's Realtor told our clients to not walk but RUN as fast as they could from this transaction.  

FOR THE RECORD:  demands for buyer(s) to pay for settlement fees/costs outside of the HUD1 statement are what we call RESPA violations.  RESPA violations are serious matters and something that no honest, respectable, ethical and law abiding Realtor, MLO or any other settlement agent will engage in. 

As I mentioned earlier, demands for the buyer to pay the second additional funds off the HUD1 statement have become a rather disturbing trend with short sales.  As Linda points out in her post, there are a few reasons (and probably even more than those she listed) why these short sales don't close and why some of them will never close.  

As a prospective home buyer here in Los Angeles & Ventura counties, you need to be aware of this when you begin your search for home.  Short sales are very difficult transactions; just the very nature of them are challenging for everyone in the transaction.  Sellers selling for less than what they owe, buyers waiting for months on end just to hear something and everyone else in the transaction just waiting around for the banks to respond.  

 

Today's real estate market can be really scary, which is why it's important to get as much information as possible before starting your search.  Buying a home is not a simple process and it's because it can get really complicated and convoluted, that buyers today need to work with professionals that will work with them in helping them to decide what property is best suited for their needs.  

If you have any questions and/or concerns, please feel free to contact me, Donne Knudsen at 805.2069123 or donne4loans@earthlink.net.  That's what I'm here for and I would love to be able to assist you in any way I can.

 

 

Photos courtesy of flickrvincentjbrown   realtyworks   cadre   giacomo-macis

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 Donne Knudsen

Realtor® - CalState Realty Services

DRE#: 01364050 / NMLS#: 249822 

 

805.2069123

 

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Serving low-medium income individuals and families as well as first time buyers with both their real estate as well as their mortgage needs including down payment assistance

Los Angeles County  --  Ventura County

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Pat Champion
John Roberts Realty - Eustis, FL
Call the "CHAMPION" for all your real estate needs

Excellent post you did a great job of explaining the short sales process. A buyer needs to be well informed about the process before they even consider a short sale.

Jan 08, 2011 05:06 AM
Kirsten Mellinger
SkyView Real Estate - Simi Valley, CA
Ventura County Real Estate

Great post!  This information should actually be an article that all buyers & sellers should read.  The media paints a different picture and sure makes our job of explaining the pitfalls much harder.

Jan 08, 2011 05:18 AM
Karen Fiddler, Broker/Owner
Karen Parsons-Fiddler, Broker 949-510-2395 - Mission Viejo, CA
Orange County & Lake Arrowhead, CA (949)510-2395

And your frustration comes through loud and clear. It's crazy....I think the lenders (often within the same company) are being coached in meetings to come out the winner of the game. And it will backfire on them....again. They learn NOTHING

Jan 08, 2011 05:33 AM
Ken Barker Realtor® GRI, E-Pro Certified
Dilbeck Real Estate - Burbank, CA

Donne - The most important part of approaching a short sale is education and patience. We have to tell the buyers that a lot can happen in a split second going against them on a transaction ESPECIALLY with a second and even a third.

But one of the biggest things is make sure the MLO and the Agents are all in conformity to the HUD. This thing that the banks trying to get in my pockets for some little fees they demand the seller to pay but can't who do you think they go after, US. They think we are making the big money so why not.

We have rules and regulations to follow and they have the same.

Patience and education is K E Y...

Jan 08, 2011 05:37 AM
Donne Knudsen
Los Angeles & Ventura Counties in CA - Simi Valley, CA
CalState Realty Services

Pat - I get so many questions from my borrowers about buying a short sale.  While I can only tell them about my experiences with short sales, which are not a lot, so it's really important that buyers align themselves to a really good Realtor/agent that does have some short sale experience under their belt.  There is so much a buyer needs to know before even making that offer and committing to waiting for months to hear anything.

Kirsten - It should be required reading for any buyer even thinking about making an offer on a short sale.  Don't even get me started on the crap the media spews about the real estate and lending market.

Karen - I truly do feel lucky that most of my buyers aren't interested in short sales (thank God) but the times I have had to work with short sale lenders have been frustrating to say the least.  I laugh whenever one of my buyers and their Realtor/agent say to me, "the same lender has both loans so we shouldn't have any problems".  LMAO!!!

Ken - My exact sentiments!  While I'm not advocating that buyers completely disregard short sales because in our market here in Los Angeles & Ventura counties, that would be disregarding a huge amount of inventory, I am strongly advising buyers here to get as much info as possible about the particular situation as well as the motivation of the banks to approve.

Check out Linda's post and you'll understand where my motivation for this post was.  I also want buyers to be aware of some pretty despicable tactics that some short sale lenders may be engaging in before they approve the short sale.  Once again, buyers need to work with Realtors/agents who will do their homework and find out as much as they can so that their buyers can make an educated decision on whether or not they want to make an offer.

Thx for stopping by folks; I really appreciate it.  Have a good day and a wonderful weekend everyone.  :)

Jan 08, 2011 06:18 AM
Anna "Banana" Kruchten
HomeSmart Real Estate - Phoenix, AZ
602-380-4886

Donne - excellent post and a perfect follow up to the post I just posted on the new HAFA rules.  Thanks for posting this link on that post!

Here is the link to my post -

http://activerain.com/blogsview/2063492/hafa-short-sale-rules-have-changed-all-i-can-say-is-we-ll-see-

 

Jan 08, 2011 08:06 AM
Donne Knudsen
Los Angeles & Ventura Counties in CA - Simi Valley, CA
CalState Realty Services

Anna - It'll be interesting to see how the new HAFA rules pan out.  Also, please include your link from your recent post too!  Buyers here in my market need to know that info too!  Have a good weekend Anna.  :)

Jan 08, 2011 09:33 AM
Adam Malachi
A 2 Z Realty LLC - Castle Rock, CO
QSC,CDPE,CIPS,CNE,CRB,CRS,GRI,MRE,SFR

Excellent post and great short sale information!

Thanks for sharing,

Adam

Jan 08, 2011 03:52 PM
Adam Malachi
A 2 Z Realty LLC - Castle Rock, CO
QSC,CDPE,CIPS,CNE,CRB,CRS,GRI,MRE,SFR

Excellent post and great short sale information!

Thanks for sharing,

Adam

Jan 08, 2011 03:52 PM
Donne Knudsen
Los Angeles & Ventura Counties in CA - Simi Valley, CA
CalState Realty Services

Adam - I'm glad you like the post and I hope you enjoy the others as well.  Have a good day and a wonderful weekend.  :)

Jan 10, 2011 04:45 AM
Pam Dent
Gayle Harvey Real Estate, Inc. - Charlottesville, VA
REALTOR® - Charlottesville Virginia Homes / Horse

The buyers that I have had lately have had a time frame for buying a home.  they have not been able to wait around for the short sale process.

Jan 15, 2011 01:37 PM
Donne Knudsen
Los Angeles & Ventura Counties in CA - Simi Valley, CA
CalState Realty Services

Pam - Fortunately, most of my clients aren't interested in short sales either.  After waiting around for one and never getting it, most of them have learned that the short sales around here are a waste of time and energy.  Thx for stopping by Pam; I appreciate it.  Have a good weekend.

Jan 15, 2011 02:41 PM