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Caught Between a Short Sale and Foreclosure - Limbo Land

By
Real Estate Agent with RE/MAX Showcase Homes

I have a first time buyer who wants to close before the end of tax season to get his first time buyer credit.  We had an offer on a home which had a bad inspection and they decided to move on.  No problem - so many choices - or so you would think.  So, I have a buyer with a very high credit score, pre-approved with down payment & closing costs who has found another home he really wants.  This should be a Realtor's dream come true in this Buyer's market.  So, what's the problem. . .

After moving on from the previous home, they found one they liked even better, in a neighborhood they like and across from a park.  The home is perfect and both husband and wife like it, within their price range and they are ready to show their parents.  It was a short sale when we viewed it and within a week I am making an appointment for our second showing.  The agent says he lost the listing and it is now in the foreclosure process--notice of sheriff's sale.  We drive by to get the name of the new agent to give him a call.  We ran into the neighbor who knows the sellers (they had moved on and home has been vacant).  He said they are giving it back to the bank "deed in lieu".  This made more sense since Michigan has a six month redemption and the original agent could continue to pursue a "short sale".  I get the name of the new listing agent and give him a call.

He says he knows about the "deed in lieu" and told the asset manager and they told him to just watch it and he can't list it and they don't want a BPO (Broker Price Opinion).  I had this scenerio once where the bank told an owner to list is for a short sale prior to accepting it as deed in lieu and then refused to take it after the sellers had complied with all they asked.  The previous agent assured me that the sellers said they did sign it over to the bank.  So, here we are in limbo.  My buyers are prepared to close ASAP and love the home, the banks could have this off their books, it would be occupied and not vacant and we could take one more home off and oversaturated market.

Frustrating to say the least - what will it take?

Royal Oak Michigan Realtor selling Real Estate in Southeastern Michigan.  TishHouse sells Houses - selling Oakland County Real Estate with RE/MAX Showcase Homes in Birmingham, Michigan. Helping People in a challenging market by specializing in Short Sales. See what my clients have to say about my extraordinary customer service.  Follow me on Twitter.

Comments(5)

Loan Survivor Real Estate Financing Expert
Purchases, First Time Buyers, Pre-Approvals, Refinance - Birmingham, MI

We are blazing new paths here and going where no one's gone before.

If you can survive in Michigan, you can survive anywhere!

Jan 31, 2009 10:58 AM
Cathy Tishhouse
RE/MAX Showcase Homes - Royal Oak, MI
Royal Oak Real Estate

Thanks Drew:

My owner is always saying to me that when the market changes, I will be over the top with what I am doing with the web, video etc.  However, I know that all the experience I am gaining with foreclosures and short sales and taking care of people in this challenging market will really pay off.

Feb 01, 2009 02:29 AM
Karen Hurst
RICOASTALLIVING.COM - Warwick, RI
Rhode Island Waterfront!

Cathy, Don't feel alone!! Here in Rhode Island, we are having similar problems, although not because of a Deed in Lieu....the only explanation I can come up with is the banks are bombarded!! The experiences of this market will last a lifetime, I am sure. We will be writing about this in 20 years when the next downturn comes:)

Feb 01, 2009 03:40 AM
Missy Caulk
Missy Caulk TEAM - Ann Arbor, MI
Savvy Realtor - Ann Arbor Real Estate

Well you know my feelings on these limbo things. So frustrating. Good luck and keep me posted.

Feb 05, 2009 10:25 AM
Cathy Tishhouse
RE/MAX Showcase Homes - Royal Oak, MI
Royal Oak Real Estate

Karen:  I often tell my buyers that the banks are definitely bombarded and is just another symptom of our times.  Too, bad as we need to lower the inventory - but they can't afford to hire more people - catch 22.  Funny you should say about writing about it - just read an article in our Realtor paper that said this current market situation will be studied and written about for a very long time.

Missy:  I read your post on the short sale and all we can do in these situations is commisurate :-)

Feb 06, 2009 01:49 AM