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A Creative San Jose Short Sale Solution that Avoided Foreclosure

By
Real Estate Broker/Owner with KD Realty - 408.972.1822 CA DRE#01366594

A Creative San Jose Short Sale Solution that Avoided Foreclosure

The Problem:  American Home Mortgage Servicing, Inc. (“AHMSI”) closed a short sale file.  Trustee sale date was already scheduled. Property was going to foreclosure because the Broker Price Opinion (BPO) and the offer price were $100,000 apart.

After months of working a file and attempts to convince the AHMSI negotiator that their BPO valuation (appraisal) was unrealistically high, AHMSI closed the file because the Buyer would not increase their offer price $100,000.

I sent photos and a detailed summary of the issues with the home and why it would not sell for more than the offer we had on the table to the AHMSI negotiator. The sellers wrote letters identifying all of the deficiencies in their home. The BPO agent used sales comps on the same street that were completely renovated turn-key homes … selling for upwards of $235,000 more than the subject San Jose short sale property.

BPOs are not appraisals. Unfortunately BPOs are used by lenders and servicers on a daily basis to determine the value of short sale properties.  The system is not perfect. Unless a San Jose short sale agent disputes a BPO valuation with an actual appraisal it could mean foreclosure.

I pleaded; I escalated; I begged; and I prayed that someone would see the light – all to no avail.  The negotiator advised she closed the file and the property would go to Trustee Sale which was scheduled approximately three weeks away.  This took place on Friday afternoon.

The Solution: I asked the negotiator if she would hold the file until Monday morning allowing me the time to get a licensed local appraiser to do a complete appraisal on the property, which I am confident will prove the property is worth not one penny more than the offer we have on the table.  I explained that she had nothing to lose by waiting until Monday because nothing would be done with the file over the weekend. I explained that if I did not have the appraisal to her by Monday morning then closing the file would be the appropriate thing to do. The AHMSI negotiator agreed!

I immediately called a local appraiser that I met at a property she appraised for one of my buyers.  I was so impressed with her I kept her contact information not realizing I would over a year later call upon her to help save a deal and help my clients avoid foreclosure.

It turned out that she was scheduled with back to back appraisals that weekend. I explained my clients’ situation.  She has such a kind and caring heart (I knew that when I first met her) she agreed to squeeze in a fifth appraisal on Saturday and to have her written report to me by end of day on Sunday.  This meant that she was giving up time with her family to get this done.

Early Sunday afternoon she sent me the appraisal report.  The appraised value was the same as the short sale offer we had on the table.  The appraiser took the time to carefully offset the deficiencies with the subject property with the comparable sales.  She took photos, as I had done, and attached them as supporting documentation.

This San Jose short sale agent could not, and would not have closed the short sale transaction without the professional help and support of a local appraiser who knows the area and the homes in the area.  She actually happens to live in the area!

Real estate is local!

I sent the appraisal to the AHMSI negotiator Sunday afternoon.  Early Monday morning I called the negotiator to confirm she received the appraisal.  She did receive it. She sent the file for short sale approval. The short sale was approved at the appraised value.

The appraiser saved the home from forelosure!

Thank You

We closed escrow.  Buyers were happy; Agents were happy; and most importantly – Sellers were elated and grateful that they had a successful San Jose short sale and were able to avoid foreclosure.  

This San Jose short sale agent has used this creative solution successfully several times. It has not once failed to result in obtaining short sale approval on a file that otherwise would have been closed due to valuation issues.

A Creative San Jose Short Sale Solution that Avoided Foreclosure

 

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DRE#01366594

I specialize in probate real estate.
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Real Estate Specialist
my focus is on helping Executors and Administrators
avoid headaches
before they start.

“From the moment we met Kathleen, we were impressed with her professionalism, knowledge, patience, respect, humor, attention to detail, and compassion.  She's the Whole Package ~ excellent agent and wonderful human being!  In a potentially stressful experience, we have felt in good hands all along.  We are so grateful and recommend her without hesitation!”

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Comments (6)

Rebecca Gaujot, Realtor®
Lewisburg, WV
Lewisburg WV, the go to agent for all real estate

Great work Kathleen.  To avoid forecloosures, Call the San Jose Realtor who is an expert at shorts sales..Kathleen Daniels!!!


May 31, 2012 02:13 AM
Cathy Criado
Criado Realty - San Antonio, TX
Making Real Estate Profitable

Kathleen, outstanding!!! You are an explempary broker. Thank you for sharing a fabulous story and I am sure you earned some referral business too!


Sincerely,

Cathy Bureau
♥X☺X☺X☺♥

May 31, 2012 07:44 AM
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate Services

Rebecca, Thank you so much!  The more we do; the more we learn; the better we get at closing them. 

Cathy, Thank you.  I do get a lot of referral business.  My clients know how I go to the ends of the earth for them. They appreciate it .. and I am grateful. 

 

May 31, 2012 11:37 AM
Juli Vosmik
Dominion Fine Properties - Scottsdale, AZ
Scottsdale/Cave Creek, AZ real estate 480-710-0739

Kathleen, I have said for years that when the banks use exterior BPO's instead of appraisals, they're looking for trouble.  I have seen so many homes which, from an exterior inspection, looks like just fine.  Then, an interior inspection shows the property was stripped to bare walls - sometimes down to the bare studs.  The problem with the BPO's is that the lenders put limitations on them which the agent must meet - use only "fair market sales", don't use any REO's, assume average to good condition, etc, etc, etc.  Even with an interior BPO, the agents are NOT measuring rooms - they're simply looking at the aesthetics - how does the home "appear?"  If the flaws are not openly apparant, the BPO agent is not to report on it.  

My question to you:  If this home was in average to good repair, would the cost per SF make the higher BPO be in line with the market?  I'm guessing, yes.  Who will the likely buyer be?  A person who wants 2-3 times return on investment.  Thus, if it will cost $35,000 to make the home "average", then the home WHEN repaired would be $90-100K higher.  The banks are short sighted when they only look at the cost per SF.  

I'm so glad you escalated this short sale and asked for a full appraisal - the appraisers are much more trained than we are.   Congratulations on  getting this San Jose Short sale to closing and not to a foreclosure.   You KNEW what to do!!!

Jun 01, 2012 12:53 PM
The Villages Realty
The Villages Realty - San Jose, CA
"Our Performance Will Move You!"

Good information.  Thanks for sharing this, please keep it up!  We like what you post.   

Dec 22, 2016 06:45 PM
Eagle Ridge Realty
Eagle Ridge Realty - Gilroy, CA
"Our Performance Will Move You!"

Good information.  Thanks for sharing this, please keep it up!  We like what you post.   

Dec 22, 2016 07:00 PM