I've been reading some seemingly misinformed comments regarding short sales lately and thought I would share some insight. By no means do I consider myself to be an expert on short sales; nor do I have any desire to be. That being said, I reside in the same household with a person who is employed by one of the largest banks in the world and happens to work in this department. Please do not ask me which bank nor what their position is as I do not want to put their job in any type of jeopardy. There. My disclaimer is done.
First, let's talk about the definition of a short sale. The "shortage" is the amount the bank is being asked to waive, forgive, delay collecting......the definition varies depending on the circumstances and the state and local laws.
See that word I just used? LAWS. Yes, this entire process is governed by laws. Laws you and I do not know and understand because we are not attorneys. Am I saying that agents are stupid and attorneys are genuises? No! I am just saying that this is a legal process and sellers should really be consulting an attorney from the get-go to be advised regarding all of their legal options.
A seller or someone legally (there's that word again) authorized to act on their behalf, requests a short sale package from the bank. The bank cannot legally share any information regarding the short sale with anyone who is not legally authorized by the seller to discuss it. Having a signed sales contract is not sufficient in the bank's eyes to speak with someone. The Privacy Act governs this.
So, now the bank has a complete package (if you are lucky). Unfortunately, the banks are completely overwhelmed by short sales and the paperwork constantly coming in and yes, things get lost....a lot. Think of it this way....the bank is running a business that is losing money and they are laying people off and cutting back. Yet, in the department they are bleeding from, they need to increase staffing and production.
Ok, let's say the package is really complete and really gets to someone to review. Unlike what many people think, this isn't a quick "this makes sense" decision. What makes sense to us may not make any sense to the bank's bottom line. Why? Laws (again). Let's look at this scenario: a short sale request comes in for a house in State C. In State C, if the bank forecloses, the bank is not permitted by law to go after a deficiency judgement nor any other loans they may have with the borrower. So, before a bank can make a decision whether to approve a short sale or foreclose, they need to research and determine if the seller has any other debt obligations with them. Maybe there is a debt that was sent to a collection agency a couple of years ago. The bank will have to track down that debt and find out what the current balance is on it and get this....how much the bank will need to pay the 3rd party collector to buy the debt back in order for it to be "erased".
In some states, if the bank opts to foreclose, they have the ability to "unforeclose" should they choose to do so in a specified period of time. Why would they do that? Well, maybe the house has been a meth lab which requires so much money spent on remediation that it is not worth the bank carrying on their portfolio. What happens when a bank "unforecloses"? The house goes back to the last owner or the taxes just go unpaid to a point where the municipality takes the house.
In other states, the bank may be legally permitted to file a deficiency judgement, garnish wages, etc. Depending on the laws and whether or not the borrower has filed for bankruptcy, the bank may be able to go after retirement or investments. Maybe the borrower just filed for bankruptcy hoping to "protect" their assets, the bank may want to send their attorneys to attend the bankruptcy hearing and try to get it thrown out.
So, I suppose this is enough for part 1 of the bank's side. Please do not assume I am taking sides...because I am not. Just keep in mind the following:
1. An agent's E&O insurance may not cover the negotiation of short sales.
2. What makes sense to "us" might not make any sense whatsoever to the bank.
3. The bank is being asked to "eat" tens, even hundreds of thousands of dollars.
4. There are no guarantees on timeframe for approval. If you have to make a specific deadline, let the bank know; however, don't schedule life around it.
5. A short sale is not always the best option for the borrower. There are instances when a foreclosure may be a wiser financial decision (which is why professionals should always be consulted).
I hope this information was helpful in telling the "other" side of the story.
Tina in Virginia
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