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Failure to Verify Seller's Loan Balance

By
Real Estate Agent with Brown Realty, 210-789-4216, TREC #0492321

One of the main things brokers or agents need to do prior to putting a listing on the market is to verify the loan balance of the sellers. On one occasion early in my real estate career, I failed to do just that. Being relatively new in the business 20 years ago, I was just excited to have picked up a listing off phone duty. I guess the red light should have clicked on me when the seller told me that other agents had turned her down and were not willing to take on that listing and place her home on the market.

 

First, the lady was not easy to get along with and often used profanity in her conversations with me. Consequently, I dealt mostly with her husband to obtain information about their property. Shortly after placing their home on the market, and spending time marketing their property, a senior agent in my office had inquired about that listing. That agent asked me if I had verified the loan balance on that property, and was there going to be enough profit to pay everyone’s commissions on both sides of the transactions? After all, I had advertised in the MLS that I would pay the buyer’s agent a commission of three percent. 

 

After obtaining a loan statement from her husband, I immediately learned that they owed more on their home than what I had listed the property to sell for in the MLS. I had determined the sales price based upon other comparables in that area. The senior agent told me to remove the listing from the MLS, and to cancel the listing agreement with those sellers. That was the first time I had encountered someone being upside down (owing more than what they could sell for). I almost marched into trouble had I actually placed that home under contract with another agent from our local board. It was a lesson that I had learned the hard way. Therefore, I started requesting to see the last statement from the mortgage company on all future listings, and I would request a payoff amount from them to verify if homeowners would at least have enough to pay my commission, which was a huge part of their closing costs. If you don’t ask sellers the right questions, they won’t always disclose needed information to their agents. 

Comments(75)

MaryKay Shumway
The Kellstrom Ray Agency, Inc. (Est. 1948) - Sister Bay, WI
Door County Wisconsin's Real Estate Expert

Twenty years ago we didn't know a thing about short sales.  And then ten years later we knew ALL about them!  Thank you so much for sharing.  

Mar 18, 2023 07:11 AM
Jerry Newman
Brown Realty, 210-789-4216, - San Antonio, TX
Texas REALTOR, San Antonio Military Relocation

Yes, MaryKay Shumway. So True. I had no clue about short sales 20 years ago. I did a couple of transactions, but decided this wasn't for me. 

Mar 18, 2023 07:51 AM
John Juarez
The Medford Real Estate Team - Fremont, CA
ePRO, SRES, GRI, PMN

What you had on your hands with that listing, Jerry, was a short sale...but you did not know it. During the recession following the real estate and economic melt down of 2008, I listed and sold many short sale properties. I got paid and the buyer's agent got paid because that is the way it worked. The lender, of course, took a write off but avoided the even larger expense of foreclosure. The sad sellers also avoided foreclosure but still lost their property. 

Mar 19, 2023 04:49 PM
Jerry Newman
Brown Realty, 210-789-4216, - San Antonio, TX
Texas REALTOR, San Antonio Military Relocation

Hi John Juarez. This happened around 2003 and I didn't know what a Short Sales was at the time. Of course, I was schooled later in my career about them. Never tried to list any properties as a Short Sales, but I had buyers who made offers on them. 

Mar 19, 2023 06:34 PM
Mike Frazier
Carousel Realty of Dyer County - Dyersburg, TN
Northwest Tennessee Realtor

I wrote a successful offer a few years ago only to find out that the "seasoned" listing agent had failed to check the pay off.

Mar 20, 2023 08:05 AM
Jerry Newman
Brown Realty, 210-789-4216, - San Antonio, TX
Texas REALTOR, San Antonio Military Relocation

Hi  Mike Frazier. Sorry you had that experience. Hopefully, things worked out for you and your buyers. Have a wonderful week!

Mar 20, 2023 11:01 AM
Ed Silva, 203-206-0754
Mapleridge Realty, CT 203-206-0754 - Waterbury, CT
Central CT Real Estate Broker Serving all equally

You were fortunate that enough signals were raised that you could get out of the deal before any real damage was done.

Mar 20, 2023 11:02 AM
Jerry Newman
Brown Realty, 210-789-4216, - San Antonio, TX
Texas REALTOR, San Antonio Military Relocation

Yes, Ed. I was able to get out of that deal without causing a lot of harm to me and potential buyers. For that I am very thankful. 

Mar 20, 2023 11:11 AM
Erik Hiss
Keller Williams Capital Partners Realty - Worthington, OH
You can trust me for all your real estate needs!

Oh man, that was a great lesson without much of a loss, phew! Those are the ones that give us more gray hairs...make us older, but also wiser. And thank you for your service to this fine country!

Mar 22, 2023 07:08 AM
Jerry Newman
Brown Realty, 210-789-4216, - San Antonio, TX
Texas REALTOR, San Antonio Military Relocation

Yes, Erik Hiss I certainly didn't want any grayer hairs than what I already had at the time. That could have been a very stressful situation if he had gone under contract. 

Mar 22, 2023 08:21 AM
Patricia Feager, MBA, CRS, GRI,MRP
DFW FINE PROPERTIES - Flower Mound, TX
Selling Homes Changing Lives

Jerry Newman - I am so sorry that I failed to congratulate you on your extraordinary FEATURED POST on ActiveRain.

CONGRATULATIONS! Your honesty and ability to teach others valuable lessons is commendable.  

Mar 23, 2023 08:15 PM
Ginger Harper
Coldwell Banker Sea Coast Advantage~ Ginger Harper Real Estate Team - Southport, NC
Your Southport~Oak Island Agent~Brunswick County!

Good post. Good info for us to know.

 

Mar 24, 2023 09:43 AM
Jerry Newman
Brown Realty, 210-789-4216, - San Antonio, TX
Texas REALTOR, San Antonio Military Relocation

Thanks Patricia Feager, MBA, CRS, GRI,MRP Features are not easy to come by. So, I am always honored whenever I am recognized. 

Mar 24, 2023 10:56 AM
Jerry Newman
Brown Realty, 210-789-4216, - San Antonio, TX
Texas REALTOR, San Antonio Military Relocation

Thanks< Ginger Harper I appreciate you stopping by to comment today. Have a Blessed Weekend!

Mar 24, 2023 10:57 AM
Lise Howe
Keller Williams Capital Properties - Washington, DC
Assoc. Broker in DC, MD, VA and attorney in DC

What a story. I am glad that you missed the disaster and we all need to be wary that those times are coming back

Mar 25, 2023 04:55 AM
Jan Green - Scottsdale, AZ
Value Added Service, 602-620-2699 - Scottsdale, AZ
HomeSmart Elite Group, REALTOR®, EcoBroker, GREEN

This is a great lesson for new agents who don't always verify information before helping a client.  Thanks to your lesson, you'll help others!  Great post!

Mar 25, 2023 12:26 PM
Jerry Newman
Brown Realty, 210-789-4216, - San Antonio, TX
Texas REALTOR, San Antonio Military Relocation

Hi Lise Howe. Avoiding disasters is what we need to worry about in our businesses today. Have a Great Day!

Mar 26, 2023 07:47 AM
Jerry Newman
Brown Realty, 210-789-4216, - San Antonio, TX
Texas REALTOR, San Antonio Military Relocation

Thanks Jan Green - Scottsdale, AZ It was a lesson that I will never forget. Have a wonderful Day!

Mar 26, 2023 07:49 AM
Kieran Jackson
Keller Williams Hollywood Hills - Los Angeles, CA
Realtor®, SFR, U.S. Army Veteran

Hey Jerry, thanks for your service!!

 

I had a client that was purchasing a home, he's a Coast Guard Capt retired! The seller of the home had an outstanding balance that the list price of his home didn't cover. It was a mess. We got the deal done though.

If you have any Veteran referrals for SoCal, send them my way. I'll do the same for you in San Antonio. I was stationed at Ft Hood in 1989-91.

 

Cheers!

May 03, 2023 06:50 PM
Jerry Newman
Brown Realty, 210-789-4216, - San Antonio, TX
Texas REALTOR, San Antonio Military Relocation

Thanks, Kieran. I will certainly keep you in mind for veterans and service members heading to the Southern California area. Thanks for your Service too!

May 06, 2023 04:05 PM