Dear Mortgage Insurance Underwriter,

I've got two perfectly good short sale negotiations that have been shot down by your Mortgage Insurance Company and I'm not happy!

I'm not talking about Mortgage Insurance that the Homeowner had.
No. That would be too easy.
I'm talking about a dark, sinister, evil form of MI that is killing perfectly good short sales everywhere.

Once the loan was put into place, some (not all) Lenders bought a policy with you (which they paid for) on either the individual loans or an entire pool of loans. Maybe you insured a tranched portion of those pools. It doesn't matter.

The Homeowner doesn't know about this policy. Nobody knows. Ok, you do and the Lender at some level does.

And in the case of a short sale, the Listing Agent, the Buyers Agent, the Buyer, and all the parties concerned don't know about this.

Until what we thought was the "Decision Maker" at the Lender submits the deal to their boss for final approval we don't get to find out about the presence of MI or your involvement.

So the Lender's Negotiator sent the approved deal to you. It was a good deal. It was inline with the comps. It was a good offer considering. But then you come back to me saying that you are requiring a Promissory Note of $XXX,XXX ?

Did you not read the comps? Did you not see the hardship? They don't have a job! No Income! They've drained their savings to make the payments.

Thanks for taking my call. I weaseled your number out of the Lender. I think they might have been a little tired of talking to me. You were pleasant enough. I understand your position. If the home goes to Trustee Auction, your company is set to pay to the lender $xx,xxx. In approving a short sale you are setting your company up for the same loss - ONLY if the Homeowner signs the Promissory Note. I get that too.

My problem isn't in the business decision to insure the loan. that's business. My problem isn't that you wasted a lot of people's time, I can blame the Lender for that.

My problem is that there is no room is this business model for humanity, empathy, or compassion. Your calculator shows either black or white - period. The only loss you are concerned with is the loss your company will have in paying the claim. If the home becomes an REO - you don't care.

You are forcing two perfectly good short sale transactions this week into foreclosure.
Two perfectly good deals.
Two family's who tried to sell, tried to refinance, tried to modify, and then finally tried to short sale, all in good faith.
And to you, their efforts mean nothing.

Shame on you!

 
Post is included in group: Foreclosures
Post is included in group: Foreclosure Help and Prevention
Post is included in group: Short Sell Specialists & Pre-Foreclosure Education
Post is included in group: Short Sales Specialists

21 Comments on Dear Mortgage Insurance Underwriter,

I really enjoyed that Mike....literature and you telling it sure made this ....complete :) Thanks for the info and 'talking' to me :)

05/13/2008 08:49 PM by Celeste "SALLY" Cheeseman (RA), HAWAII Real Estate & HAWAII Relocation (Century 21 Liberty Homes -Mililani, Hawaii)


To the choir you preach, Mike.  Humanity has been missing from an equation that wouldn't exist without it.  I hope they see this, read this, & take heed to this.  Agreed!

05/13/2008 08:55 PM by Jason Sardi, Pennsylvania Mortgage Broker (First Choice Equity Group Inc.)


I have 5 Short Sales going now. Can't get anywhere on any. Do you know anyone at Wells Fargo or Countrywide?

05/13/2008 08:58 PM by Michelle Way ABR GRI WCR (Pro Realty)


Mike, what was the cool thing that I saw when I clicked on your blog? I saw it.....I really did! ;-)

As for your issue on short sales? There are so many hands in the Seller's pocket these days, that I don't see how many of these even go through. Much simpler to pick up a foreclosure...though, even that is a challenge. ;-)

Pepper

05/13/2008 09:00 PM by Mesa, Arizona Real Estate *** Teri Ellis, Broker, ABR,CRS,GRI,ePRO,MRE (Homes Arizona Real Estate LLC)


I agree to a certain extent Lady in Red. However, it is better for the lender to do the short sale because the don't have abandon properties everywhere. Its good for the seller because it shows up as late payments with a settled debt opposed to a foreclosure.It's a great thing for the buyer because they are moving into a home that has not been sitting vacant for a long period of time and the  list goes on.

05/13/2008 09:11 PM by Michelle Way ABR GRI WCR (Pro Realty)


Sally - Thanks.  I'll talk to you everyday : )

Jason - You know it.  Unfortunately they won't see it, read it, or heed it.

Michelle - I know a lot of people.  Drop me an email.

Teri - not sure what you saw.  Can you describe it?

Michelle - it is better for everyone involved on many short sale transactions - but the addition of secret MI completely botches the process and so often kills the deal.  These MI computations are like the BORG.  I won't let them assimilate me!

05/13/2008 09:25 PM by Mike Mueller (Patagonia Finance)


This is very scary. It's also horrific in that it impacts most those sellers that managed to FIND a legitimate buyer in this market, not those that simply walk away. The latter is going to become more and more preferable if the banks don't get their short sale process figured out a.s.a.p. Thanks for another potential heads up.

05/13/2008 10:08 PM by Options Realty


You are correct these people look at the situation of a short sales as black and white.  I had one recently where the lender decided since the homeowner was not living in the home they were not going to do the short sale.  I am sure they knew they was not going to do the short sale when the documents were requested.  It is just a cruel game.

05/14/2008 05:49 AM by Taylor-Brown Real Estate


Good Rant get braced as it isnt over yet. I have not heard the fat lady singing.

05/14/2008 06:12 AM by Chip Jefferson (Carrion Builders)


Your experience just confirms to me that short sales are not worth the effort.  Yes, some close, but the time spent would be better used prospecting for new business.

05/14/2008 07:32 AM by Joe Virnig, "No Ordinary Joe" (RE/MAX Gold Coast REALTORS, Ventura County, California)


Mike, I've encountered this a couple of time. It's also my understanding that sometimes the lender has to foreclose in order to collect on the insurance. Is that true? 

One of the attorneys I have spoken with stated that signing the promissory note may be a better option than getting foreclosed. He believes the note can be negotiated way down after closing or in the worse case scenario just don't make the payments. OR...file bankruptcy on it. All of these things may be a smaller hit on your credit than the foreclosure.

What are you thoughts?

05/14/2008 08:12 AM by Bryant Tutas-Tutas Towne Realty, Inc


"Options" -  I'm not all that confident they'll change a thing anytime soon.  Something to keep in mind here - the decision making process is not in the hands of the Lender.  By virtue of the MI policy, it's been passed to the MI Underwriter.

"Taylor Brown"  - That sounds a lot like Countrywide.  They've since reversed their stance.  Check out Momma don’t let your Countrywide Houses go vacant  and then Countrywide Short Sales (updated)

Chip - We're not even close.  "Look we've hit bottom! - NOT"

Joe - They are time consuming, they are incredibly frustrating, yet they are THE action in the Marketplace, and there is no better feeling than helping your clients get out from an ugly situation.

Bryant - We think that's true.  Sometimes the Policy does stip that (we think)  Try and find someone to give you the details on a policy.  See: Conspiracy Theory #17  Signing the Note could be a double edged sword.  Let's assume these are both non recourse loans.  By transferring the balance (or a portion of it) on to an unsecured Promisssory Note - failure to pay that note is grounds for a lawsuit. Since the Note is also unsecured they could be wiped away in the course of BK.  Of course on the other side - you can't squeeze blood from a turnip.   These people are empty.  Your mileage may vary - always consult a legal and tax professional.

05/14/2008 09:11 AM by Mike Mueller (Patagonia Finance)


Mike, I can't describe it now.......it was a subliminal message that came up behind or layered beneath your site - before it completely opened up. You're pulling my leg, right? It didn't happen this time, so who knows? Something about being very cool, or???

Pepper

05/14/2008 02:44 PM by Mesa, Arizona Real Estate *** Teri Ellis, Broker, ABR,CRS,GRI,ePRO,MRE (Homes Arizona Real Estate LLC)


Teri-

Ahah!  That's a little secret message I put into the background image here. http://www.activeraincustomizer.com/img/118-background.jpg 

It's hidden by the white body of this page that overlays on top (according the CSS)

 

Active Mike

05/14/2008 03:33 PM by Mike Mueller (Patagonia Finance)


Mike,

 

We do a ton of short sales, and we haven't encountered this problem.  Perhaps I misread your post . . . but a possible solution could be as simple as asking if there is PMI - do this on the first call when you speak with the LM handling the file.  We've trained our negotiators to do this . . . if the answer is "yes", we just plug in the percentage into our Reo worksheet to get an idea of how the bank is looking at the property.

 

 

05/14/2008 04:35 PM by Ted Cowan (Strategic Real Estate Coach)


Mike, this dirty little secret deserves to be aired. It's heart-breaking to the families involved and the agents.  I had heard that NAR had a meeting scheduled this month to discuss short sales, REO's and the qualifications required to be a "true" listing. We have several listings in the MLS that can't be sold...people keep calling, the agent proclaims it can't sell due to bank's failure to agree...so why IS it in our MLS? The only thing consistent about short sales is that they are inconsistent.

05/14/2008 04:35 PM by Vickie Nagy, Realtor, Specializing in San Ramon, Danville & the Tri-Valley! (Empire Realty Associates)


Ted - You could ask if there is PMI, and that would be great if the MI was Borrower Paid, Broker Paid or even Lender Paid.  Those policies were placed on the loan at origination.  These were not.  These were placed on either individual loans or more likely pools of loans.  If you are familiar with Mortgage Backed Secuities, the Pooling of loans and the tranching of those pools, that's what happened.  This MI doesn't show up on anyone's radar screen until it goes past the Negotiator level for final approval.  In this instance - what is that payout percentage?  No one will tell you.

Vickie - Thant's the part that gets me - the heartbreaking part.  Not to mention all the others, the Listing Agent, the Buyers Agent, the Buyers, the Loan Officer, the escrow officer.  All of them doing their parts to provide the right solution and get this non performing asset off the Lenders books.  MI kills all that hard work.

Active Mike

05/14/2008 04:55 PM by Mike Mueller (Patagonia Finance)


Mike this is why YOU are the expert with agents and with people who need to sell their home!  Thanks for the bone you threw me :)

05/14/2008 06:12 PM by Renee Burrows - Las Vegas NV Real Estate (Nevada Realty Solutions)


Mike, has anyone else noticed this secret message besides me? How did you do it? ;-)

Pepper

05/15/2008 10:06 PM by Mesa, Arizona Real Estate *** Teri Ellis, Broker, ABR,CRS,GRI,ePRO,MRE (Homes Arizona Real Estate LLC)


Renee - you are too kind.

Teri - You are the first!

 

Active Mike

05/15/2008 10:45 PM by Mike Mueller (Patagonia Finance)


One of the stinky parts of this (and there are obviously many) comes in consideration of the laws working their way through Congress... As much of the legislation is coming from NC - and we don't have these issues here in NC - they are not taking the Consumer issues with short sales and PMI into consideration.  At one time GE, UG and Radian all had headquarters in NC - and donated a ton of money to campaigns...

05/16/2008 01:39 PM by Eleanor Thorne, Cary Mortgage Loans (Meridian Residential)


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