Earlier this year, I took on a listing that was to be a short sale and two other listings for a person that weren't going to be short sales. But, my client had an 800 credit score and had never missed a payment.

The problem was he over-remodeled a property and it was now not going to be able to sell for what he owed. My client didn't want to rip off the bank and not pay them what was owed, but wanted to some how come up with an arrangement with the bank that they will get all their money owed if they promised not to damage his credit.

He hired me because of my creativity and on a recommendation from a mortgage broker he went to college with. I came up with a solution that he thought was wonderful and I presented it to the loss mitigation department. They said, "HELL NO! We will not do that. Your client is just going to have to sell it and if his credit is ruined, he should have thought of that before he remodeled it."

Here was my proposal to the bank and why they didn't except it at first I will never know. My client would do a short sale on the one property and whatever the loss was to the bank on the commission, closing costs and the remainder of what was owed on the loan would be put on one of the vacant lots that were also for sale. You see the bank was going to get every dime they were owed and my client's credit was going to be saved!

After getting a "HELL NO" from the loss mitigation department, I had to think outside the box and decided to get in touch with the president of the bank and explain to him that this is why the banks were in trouble. People were offering them ways to get paid every dime they were owed and instead of thinking, they were like robots, trained to say "NO" to everything.

Well, to my surprise, I got a response from the president of the bank and he agreed that my offer was very smart for my client and for the bank, and agreed to the arrangement. He sent a letter to every manager in the company and CC: me with the e-mail telling his managers of my proposal and that saying no to something like this was not a very smart business decision, and just because it hasn't been done before at this time in the banking industry, we have to think outside the box and if someone comes up with an idea that gets the bank paid, but is unorthodox, to except the offer.

I was proud of this president to take this stand. I thought I'd finally found someone in a bank that was willing to listen and do something to help the little guy when they needed it and in the process help the bank.

Now, today I found out this president of the company I talked to is out of a job! The president that thought my idea was smart for both my client and his company was Michael Perry of IndyMac bank, and now I'm not sure what the situation for my client is.

I'm hoping the FDIC will see to it to honor Michael's acceptance of our offer and let my client keep his credit and the bank get their money.

 Only time will tell!



Todd Clark - broker
Kastings & Associates
Phone: (503)524-9494
Fax: (503)622-8739

Photos courtesy of mikecco and abenjumeda

 
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10 Comments on After negotiating with the president of the bank on behalf of my client, now what?

JUL
12
2008
194,695 Points 19 Featured Posts Outside Blog

Todd,

What you propose is a substitution of collateral. It's as old as secured lending it self.

It's to bad your client didn't get this closed last week. FDIC has a poor record regarding common sense.

If IndyMac still holds the note offer to buy the note from FDIC, they are going to sell it anyway! I once saved a client $8,000.000.00 on a $8,500,000.00 note. IndyMac clients have a big opportunity! But, know what you're doing, before you start the tax consequences can destroy your client if not properly structured!

Bill

2:02am • #1
110,262 Points

Todd, what a mess all of this is going to turn into. I hope your client doesn't fall through the cracks through all of this.

5:53am • #2
598,937 Points 244 Featured Posts Localism Sponsor Outside Blog

Todd, Good thinkng on your part. What I would do now is call Bill Archambault :) I do hope you are able to work something out for this guy. It's a true shame when folks try to do what's right and the institutions just don't get it.

7:22am • #3
129,174 Points 5 Featured Posts Outside Blog

Good information Todd, keep us posted as to what happens with FDIC. I went through the S&L melt down with the FSLIC and I know how hard that can be on the consumer.

10:50am • #4
632,150 Points 104 Featured Posts Localism Sponsor Outside Blog Hit Router

Todd- I am SO absolutely proud of you and honored to know you! This is just an over the top story, just like the ones that Nestor pulls off. We never hesitate to go to the president.

Once one of the negotiators who was sitting on his a-- and being beligerant, Nestor said to him, that's fine, I'll contact the Pres. The jerk says, YOU WILL NEVER EVER TALK TO THE PRESIDENT OF THIS BANK! Nestor said to him, WRONG THING TO SAY TO ME!

Guess what, within 15 minutes the VP called Nestor and said he would make sure we got resolve that day!

Now, I just pray for your client that the beaurocrats who have no clue about deals, will keep the Pres word. Gold star for this one!

1:00pm • #5
258,253 Points 30 Featured Posts Outside Blog

Wow Todd~ your Post touched several areas.  The first is that your name, and the way you work is as I said the other day.....people will find you for the work you've done.  After that I was very impressed with your negotiating, and it sounded like a great win-win for everyone.  Too bad things worked out the way they did, but like everyone else that has a contract with them, don't they have to honor it?  You might not have a contract, but it's the next best thing.

Good luck to your client....

2:57pm • #6
846,917 Points 68 Featured Posts Outside Blog

William - You need to write a post about how you did that and who do you talk to about buying the note and what are the consequences that can destroy the client?

Linda - I'm really hoping not also, especially since we were so happy to get this far with the approval to find out this yesterday.

Bryant - This president did get it and now the government is going to get involved and possible take common sense away.

Fred - This is an interesting time for us in real estate and this is just another one of those situations that I'm guessing by the government getting involved it isn't going to help anyone.

Katerina - I'm praying for my client as well at this point, I have to admit this morning when I called him to tell him about the situation, I wasn't sure what I was going to tell him. He hadn't heard that the bank had been overtaken by the FDIC and knew I was going to do everything in my power to make sure that his credit and home were going to be saved! How come I'm not surprise Nestor does this kind of service also and thank you for making feel pretty darn good about myself right now in a down time!

Kathy - I'm hoping they have to honor the contracts that are already in place, but this is the government and I'm not sure they do! Thanks for the kind words the other day and it looks like so far I'm safe from what we talked about on the phone.

11:45pm • #7
JUL
13
2008
194,695 Points 19 Featured Posts Outside Blog

Todd,

I sell books, teach, and consult.

Bill

12:01am • #8
632,150 Points 104 Featured Posts Localism Sponsor Outside Blog Hit Router

Todd- You are very welcome. This world needs to recognize people like you. You do our business proud. You deserve to feel good about yourself for giving it your all. There are days when we sink our teeth in and will not let go, our clients financial lives are at stake. Saving a home from foreclosure is important and rewarding work because you are REALLY helping! Leave it in God's hands after you have done all you can do.

12:53am • #9
434,674 Points 70 Featured Posts Outside Blog

Todd,

In the above mentioned situation I personally wouldn`t be negotiating with a lender unless my client had legal counsel for  assistance.

A Realtor Advocate isn`t part of our job description.

7:15am • #10

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Todd Clark (Broker) (503)524-9494 (Beaverton, Oregon Real Estate Expert)

Beaverton, OR

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Palazzo Realty Group

Address: Beaverton, Tigard, Aloha, Hillsboro, Tualatin, Portland, Oregon City, Sherwood, Lake Oswego, Gresham, West Linn, OR

Office Phone: (503) 524-9494

Cell Phone: (503) 524-9494

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Helping Families Home is a blog set up to teach you to invest your money and maximize your profits in Real Estate. Starting with your first home all the way to your 150th investment property. Creating wealth through real estate is the best way to financial freedom.


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