Help! I’m Making an Offer on a Short Sale Listing!! #6

Help! I’m Making an Offer on a Short Sale Listing!!  #6

How can the bank ruin our sale?Help! I’m Making an Offer on a Short Sale Listing!! #6

If the bank has to forbear any money, then the bank is defacto in charge of the sale.

If your offer on the property is for an amount that does not fully pay off the underlying mortgage or mortgages, then the bank is involved in the sale.

The seller still owns the property, so your offer is to the seller.

However, the seller has no equity. No money in the game. The seller will sign your offer, then it has to be presented to the bank (or banks) to determine if the bank is willing to lose the amount of money required to close.
Help! I’m Making an Offer on a Short Sale Listing!! #6
1. The bank has to determine the price it will accept. It is almost always higher than the asking price.
2. The bank sets the time line. Although there is a new promise of short sales from start to finish in 60 days, the normal time to do a short sale has been 90 days or more.
3. The bank works over the seller to make sure they do not have money to contribute to the sale.
4. The bank can add a deficiency judgement against the seller as a condition of sale.
5. The bank can deny your request for seller paid closing costs to help you with the purchase.Help! I’m Making an Offer on a Short Sale Listing!! #6
6. Ultimately, the bank can foreclose on the house before the sale is consummated.

So, although your offer on a short sale listing is to the seller, the bank is the ultimate determiner of price, timing and conditions of sale.

 

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15 Comments on Help! I’m Making an Offer on a Short Sale Listing!! #6

MAR
20
2012
127,533 Points Called Shot Master

Phil, Excellent information on the Short sales and Banks. The Bank is calling all the shots

3:32am • #1
564,553 Points 10 Featured Posts Called Shot Master

Fllows the old theory of "legal title" that the defaulting party holds and the "equitable title" the bank has. You have the front man and the decision maker. One has skin in the game, the other has to determine what kind of skinning it is willing to take!! Enjoy your day!

4:10am • #2
140,380 Points

Sellers are dependant on the bank accepting the offer on a short sale.  But the same holds true for a buyer applying for a mortgage.  Deals have busted when buyers cannot get a loan even though they were pre-approved a month ago by the lender.

It sounds like the BPO came in high and you need the bank to do another one.

Good luck with your deal.

4:54am • #3
1,422,192 Points 41 Featured Posts Outside Blog Attended Rain Camp Called Shot Master

Very good points. . a short sale does not have to be a nightmare if negotiated skillfully and prepared ahead of time.

5:05am • #4
113,845 Points 3 Featured Posts

Phil, Be aware that the Private Mortgage Insurance company can, and often does, rear it's ugly head after the deal is approved by the lender. It is not uncommon for the PMI carrier to require an unsecured promissory note from the seller under the threat of stopping the deal. The lender knows they are out there and are reluctant to inform borrowers of this fact until the 11th hour.

5:22am • #5
730,739 Points 15 Featured Posts Outside Blog Called Shot Master

Phil, he who controls the money rules the world. At best the seller can hope to get out from under it free and clear.

 

5:25am • #6
466,370 Points 50 Featured Posts Called Shot Master

Many buyers do not understand how short sales work, as well as agents. Seller has to agree, but the decision is up to the lender. 

5:51am • #7
628,715 Points 1 Featured Post Outside Blog

Phil, very good information for both agents and buyers who haven't had short sales experience(s). 

5:53am • #8
839,788 Points 69 Featured Posts Outside Blog Called Shot Master

SS are not for everyone but it appears to affect quite a few. When a short sale needs to get done...get an agent involved and then be prepared to hurry up and wait. I for one will be glad when they go their final way

6:26am • #9
941,827 Points 94 Featured Posts Outside Blog Attended Rain Camp

As for #4, this does not apply in the state of California. We have a Senate Bill that protects from deficiency in short sale.

6:41am • #10
145,419 Points 1 Featured Post Outside Blog Hit Router Attended Rain Camp

I am sure that most consumets trying to buy short-sales do not completely understand this process. Thanks for the good information.

1:19pm • #11
1,126,046 Points 90 Featured Posts Outside Blog Attended Rain Camp Called Shot Master

I am teaching a short sale success course tomorrow. It is a timely topic for buyers and sellers to understand.

4:16pm • #12
1,653,043 Points 134 Featured Posts Outside Blog Attended Rain Camp Called Shot Master

So well said.. any buyer or seller thinking of being involved in a shortsale needs to read this post.

5:52pm • #13
MAR
21
2012
556,102 Points 31 Featured Posts Outside Blog Attended Rain Camp Called Shot Master

Thank you so much for your comments.

It is written for three buyers I have right now who are looking at short sales and making offers.

Phil

2:56am • #14
480,874 Points 22 Featured Posts Outside Blog Called Shot Master

Would you mind if I shared this with my Agents.  I'll check back to see if it's OK.

6:54am • #15


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Phil Leng Team Residential Real Estate Experts & Bank Owned Property Experts

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