There appears to be no end in sight to the collateral damage that the subprime mortgage meltdown has caused.  Many property owners who find themselves "upside down" (the fair market value of their property is less than the mortgage debt) are attempting to obtain lender approval of short sales. However, the foreclosure filings keep growing. Are lenders really cooperating in approving short sales? Is there more publicity about short sales - than actual closings of short sales?

I have asked several real estate attorneys and realtors what their experience has been with short sale approval. One attorney has been waiting four months for an answer from the largest national lender. A realtor in South Florida has been having an 80% success rate with short sales submissions - but it has taken up to 11 months to obtain some approvals! I recently had a short sale transaction fall apart because the buyer walked away due to the uncertain timeframe in obtaining lender approval.

Bottom line: there is no guarantee that a short sale will receive the lender's approval in a timeframe that will keep the proposed sale on track. However, it still is an important strategy that should be pursued (with appropriate protections for all parties) when a property owner is "upside down" and there is a ready, willing and able buyer.

 

 

3 Comments on Short Sales: Myth or Reality?

DEC
07
2007
210,781 Points 39 Featured Posts Outside Blog
Welcome to AR, Marlyn. As Director of Operations for a lender and charged with negotiating short sales I can tell you they are very real. I'm not sure why a real estate attorney is negotiating a short sale, personally I would rather speak to the seller and buyer directly. It is possible the offer is being ignored because it was presented by an attorney and not a buyer or buyer's agent. Always ask for a termination of process from the lender until they have considered the offer. You will likely not get that from WF or CW because their operations are not designed to allow loss mitigation to be personal.
10:18pm • #1
DEC
08
2007

Ken:

Thank you for your comment. Attorneys may get involved in the process because they are already representing one of the parties in the sale, the seller has sought counsel because the seller is confused and frightened by the process, or the realtor has suggested the seller engage counsel because of the potential tax consequences and deficiency judgment implications of a foreclosure. I absolutely agree with you that the key to success is a candid dialogue with the lender. Unfortunately, probably due to the unprecedented volume of foreclosures in Florida, it is often difficult to get that dialogue going with loss mitigation in a timeframe that keeps the buyer interested. It is a buyer's market here - buyers know there are many distressed properties to look at and they will move on to the next one if they don't receive a positive response on their offer.

 Marlyn

 

 

Marlyn Wiener
7:49am • #2
JAN
26
2008
480,054 Points 151 Featured Posts Outside Blog

Marlyn....  yes, welcome to Active Rain....  in regards to your statement, about the mess that we are facing was caused by the subprime mortgages. This is far from the truth. Sure, many are because of subprime loans, but a lot of them were because of a loss of job, loss of income, making less, or health issues. I just wanted to bring this up, because I hear so many just mention subprime, when there are so many other reasons to as why.

But overall....  I have seen many lenders act quickly. I have a client right now who is buying a foreclosure and hos process of getting the deal excepted went quick. The appraisal came in $22,000 higher than the sales price. And the appraiser even said that it's really worth about another $5,000 to $10,000 in today's market.

Overall, thanks for sharing this....

jeff belonger
6:32pm • #3

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Marlyn Wiener

Boca Raton, FL

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Marlyn J. Wiener, P.A.

Address: 6111 Broken Sound Parkway, N.W., Suite 330, Boca Raton, FL, 33487

Office Phone: (561) 443-7124

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