There is an interesting current thread started on activerain discussing who should be doing the short sale negotiating.

There were various answers - the agent, the broker, someone hired by the broker, the title company, an attorney. 

I suggest a combination.

Getting short sales approved is not that hard if the buyer's offer comes in near the appraisal.  Getting a release from a deficiency in writing is much harder. Doing all that and getting the approval while the buyer is still interested, is even more impressive.  

Even though I am an attorney - I advise the Realtors in my brokerage to outsource the clerical part of the short sale package to someone who has a proven record of getting short sales approved in a reasonable period of time. It may even help if the submission person their own negotiatior at the bank.  For instance... we frequently get to work with the same negotiator at Countrywide, so I choose to do countrywide short sales myself.   

The toughest part of the clerical side of the job is the time on the phone.  No reaon that can't be handled by any diligent person.  But, what happens when the approval comes or the negotiator wishes to talk terms?

In my opinion that is when the lawyer should get involved.  Especially if the terms are less than a full release from deficiency.  I have no idea how a non attorney can tell anyone to accept anything less than a full release from the deficiency and not be practicing law without a license.

I have found that letters from an attorney - discussing the lender's duty of good faith under california law, backed with specific requests for info and clarification of the approval, can change the lender's negotiating position substantially. 

For those who do this without attorneys  -  are you allowed to cross out words on your Realtor forms?  Are you allowed to change the terms of Escrow?  Do you go over your client's loan docs and cross out paragraphs related to remaing loan balances?  Do you advise sellers about federal and state taxes?  Do you really tell your client to sign the lender's approval and close?

 short sales

 

 

 

 

3 Comments on short sales - who should be doing the negotiating

FEB
23
121,728 Points

You need to have your name, etc. on your BIO here at AR.

I hope you are not involved in the LOAN MODIFICATION business.  If not, that's good.  It's a scam for anyone ... including lawyers ... to be charging for services and receiving advance payment. 

See my article of two days ago:   Do Your Home Loan Modification Through Non-Profit Groups & Organizations

By the way, I am also a lawyer with many years of experience in business and real estate matters. Thanks.

4:21pm • #1
FEB
27

Short sales can be a disaster--especially if the listing agent is not aware of how to construct the deal and get it done, including gathering the seller's hardship documentation and getting it to the bank--before the property goes on the market.

In addition, even if the listing agent has an executed contract on the short sale property, it still stays on the MLS as Active...many agents are not changing the status to backup or pending sale....so now we are showing short sales in which there is already a contract...in addition, many agents are taking multiple contracts on short sales--as this is what the bank is requesting.....it's a mess....

 

12:54pm • #2

1. thanks for the comment amanda

I frequently keep my listings as active.  Many buyers submit multiple offers.  I have gotten approvals in one month only to find the buyers just opened excrow on another property.  I would not set a property as pending unless I had  good reason.  Such as a strong level of confidence the buyer does not have offers out on other properties. 

 

2. Harrison - I do loan mods.  I do them as part of a program designed to find the best workout solution.  If the Loan mod does not come back to the clien't liking, I offer the client other options, which so far includes and offer to return over 50% of my fee. 

I include a respa request in my program.  A client may then decide to do a short sale. 

Why would you do a loan mod with someone who knows what they are doing?  Perhaps I we get you a better deal because I know how to gain leverage over the lender.

 

3:17pm • #3

Leave a response…



(optional)
What does the graphic say?
 
Rainmaker_large

San Diego Short Sales, Orange County Short Sales

San Diego, CA

More about me…

John McConnin, Esq

Address: 2244 Faraday Ave., San Diego , CA, 92009

Office Phone: (760) 896-4663

Email Me

Short sales in San Diego and Orange County from a Carlsbad California Real Estate Attorney and Broker.


Links

Archives

RSS 2.0 Feed for this blog

Find CA real estate agents and San Diego real estate on ActiveRain.