I recently  closed a short sale that involved private mortgage insurance that was taken out by the lender without the borrower's (my client) knowledge.  The problem was that we did not know how the existence of PMI would affect the negotiations and we did not know what the terms of the PMI policy were since my client was not the insured and the PMI company would not give us any information.  The lender gave us conflicting information telling us one day that there was no policy limit and that the PMI would pay for any deficiency and then later telling us  that there was a policy limit after all and the lender would still suffer a loss.  Why did all this matter? Well, it's difficult to negotiate meaningfully when you have a constantly moving target and a third party (PMI) that does not release information, but is one of the major decision makers (i.e., the lender would not even start its evaluation until PMI approved the short sale).  I talked to a lot of other short sale agents and none of them ever experienced a short sale with PMI.  In the end, we were able to negotiate with the PMI company and get a satisfactory solution followed by an approval of the short sale by the lender.  However, because of all the delays, we lost our first buyer who got tired of waiting for a decision from the lender.  The second offer was $20,000 lower than the first offer and the seller had to come up with $15,000 to close escrow (her mother gave her a loan).  Even after all of this, the lender could not tell us whether there would still be a 1099 issued because they said they would not know until they received their money from the PMI and of course the lender could not submit a claim to PMI until they received the proceeds from the sale. 

We closed escrow on Friday, June 13th!  I received a phone message from the negotiator this past Friday (a week after closing) asking me to call him at my earliest convenience.  I did not get the message until Saturday (for some reason it did not come through on my cell phone until over a day later).    I'll be curious to hear what he needs from me a week after closing.  I am trying to think positive, but based on my experience with him, I can't help but feel a knot in my stomach.  I have never had a negotiator contact me after the closing.  Will it ever end?

What did I learn from this?  Always ask right away whether there is PMI.  Each short sale has it's own challenges and you have to be prepared of anything. 

 

4 Comments on Short sale with PMI twist

JUN
23
2008
625,142 Points 104 Featured Posts Localism Sponsor Outside Blog Hit Router

Ute- We had this just happen to us too. Our seller said there was no PMI and had proof she paid to have it removed. Then we found out that the lender had it put on himself and was paying it himself. They wanted a $5000 note from our seller. We found out who the PMI co was and had our seller call them direct and tell them the truth, her husband is a disabled vet and they have no money to pay the $5000, they said they would see what they could do, they called back and removed any request for any note and will not come after her for a deficiency judgment. The 1099 on her, this is not their primary home, will be of no consequence since they are insolvent.

The lender will not always tell you if they have PMI.

We have had several short sales closed with PMI involved, not one of our sellers had to pay out money out of their pocket and all got full and satisfied mortgages. Katerina

1:25am • #1

Hello Katerina.  Thank you for your comment.  The lender first told me that PMI demanded my client sign a $30,000 note.  I asked to get the contact info for the PMI and when I spoke to the PMI rep he told me that the would not sign off on the short sale and that they demanded a $25,000 note.  He told me that he never demanded $30,000.  Then when the first buyer went away and we had to start over with a $20,000 lower offer, PMI wanted my client to sign a $40,000 and they refused to negotiate with me (her agent).  They claimed that the seller could afford paying the note because she still had a very high credit score (in the 800).  At first my client refused to sign a note and the lender just closed the file and we had to start from scratch when we received the second offer.  I had called the negotiator several times asking him not to close the file, but he closed it anyway.  In the end, my client felt that paying the $15,000 was the lesser evil as she did not want it to go to foreclosure and end up with a huge 1099 and a foreclosure on her record.  She was not insolvent and she just wanted to get it over with.  I was pretty annoyed because the PMI refused to work with me.  As I said, each short sale is different and I am glad that you had better experience with your PMI short sales.

1:46am • #2
JUN
26
2008
403,794 Points 2 Featured Posts Localism Sponsor Outside Blog

Thanks for the heads-up on this subject. It was very informative as I really hadn't considered checking for unknown PMI,

12:22pm • #3
AUG
09
2008

I have been reading some of the notes in short sales that involve PMI and I was wondered if anyone has any additional comment or knows the best way to deal with my problem. I am currently doing a short sale on my home and the PMI company said they are fine with the short sate as long as I sign a $20,000 promissory note the day of closing with the following payment plan ($167/month for 10 yrs). I have not called the PMI company yet to discuss this matter as it was provided to me by my broker (selling agent).

Ben
7:22pm • #4

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Ute Ferdig

Roseville, CA

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Ferdig Real Estate Solutions

Address: 3017 Douglas Boulevard, Suite 300, Roseville, CA, 95661

Office Phone: (916) 751-1267

Cell Phone: (530) 906-7470

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