On another post I was asked by a Realtor if I was actively doing short sales in San Diego
Yes - I would say I am very actively doing short sales, deed in lieus short pays and even some loan modifications. I have dozens of active short sales and quite a few closed deals. Some short sales have closed, some dils have been accepted and I have negotiated one short payoff myself and reviewed the paperwork on others. Most of my work has been on Ca properties but quite a few have been on FL properties.
This month alone I closed multiple short sales and DILs for clients.
As far as San Diego is concerned I have worked with numerous sellers. Some came to me first and I referred out the listing to a local San Diego Realtor. Some sellers retained me after they already had Realtors already. In some instances I then negotiated with the lenders when the lenders were seeking deficiencies and for some sellers I just worked behind the scenes.
I can tell you right now Realtors need lawyers. On just about any short sale which is not approved the Realtors are wide open for easy lawsuits. Some Realtors have consulted with me after they realized they might be getting sued.
My firm is currently working out a deal with one of the largest brokerages in South County to keep their Realtors and sellers protected.
Finally, because I felt the need to make sure deals are done right I recently brought a Realtor into my brokerage to handle short sale for sellers who contacted me first. In some cases on these short sales I have been retained to work as a a lawyer and for other listings I have told the sellers I will review the paperwork and the short sale package as part of he service my brokerage does for short sellers. So to answer your question very directly -my brokerage has numerous listings and some of the listings we have had for more than a few weeks have offers being reviewed by the lenders.
In summary there is a reason why the California Assoication of Realtors has a short sale listing addendum which advises Short sellers they have other options and they should seek the advice of competent counsel.
1. Sellers need to have a clause in the contract which protects their right to turn down the lenders offer without incurring liabilty to the listing realtors broker
2. Sellers need to have a clause which protects them from the lender and the buyer. The CAR short sale addendum does not fully protect sellers
3. The closing paperwork must be negotiated to make sure the seller is released from a deficiency. Realtors are not licensed to work on that and they have made significant mistakes in my experience.
4. A Realtor is not licnesed to review the client' finacial info and disclose it to the lenders loss mitigation department. When a Realtor gets an authorization to deal with the lender they are repersenting the seller against a collection agency.
5. There are numerous questions about letting the loans go into default and paying property taxes ans HOA s which Realtors are not licensesd to answer nor do they have a right to tell sellers to compromise their other workout options
6. When two loans are involved a short sale can be a disaster if it is not accepted. Realtors are taking on huge liability.
The list goes on and on.
I will review this for typos at a later date.