Kinzie - great blog entry! I'm glad I stumbled across your post!  (Entry can be found here - http://activerain.com/blogsview/978465/Short-Sale-Discussion)

I am both a licensed Real Estate Agent, and an investor.  I've been working short sales with others who were the investor, as the LA, but only recently made the decision to get involved in the process as the investor -- i.e. helping the homeowner to avoid the foreclosure by making an offer to purchase the home, and by seeking a new buyer who will purchase the home long before the foreclosure takes place.

One of the common traits of a pre-foreclosure client is they will be in denial for a goodly portion of the time they are falling behind in payments.  Rather than taking charge and dealing with the problem head on, they just continue to deny that it's really happening, to them!  OMG!  There is a reason the house is going into foreclosure and they have to admit that they are a variable in the equation.

You quoted a statistic -- the 10% success rate -- which may or may not still be accurate, I don't know.  Here's another I've heard recently which is surprising --  50% of homeowners whose house goes to sheriff's sale, have NEVER contacted their lender directly during the entire process, not even once!   

Nor have they contacted a consumer credit counseling agency, or an attorney.  Many don't even contact their lawyer to "file a delay of sale" because of the hardship the foreclosure will cause them.  It's ludicrous, but those are the signs of a borrower in denial. 

Here's another.  When I present my paperwork I use in the process to the homeowner, which shows them clearly how the process is going to work, they often say, "I want to run this by my attorney".   I used to say, "no problem, that's fine".  In the future, I'm going to try to really ferret out what their issue is with the paperwork -- their "objection" to simply sitting down and reading the docs themselves --  because once they contact their attorney they discover the attorney is nearly as confused about the process as they are! 

The attorney I had on the phone yesterday didn't even know what a BPO is.  How are these "legal eagles" really supposed to help them when they often don't understand the basics? 

Here are a couple critical basics they often don't understand: 1) that you have to have an offer in hand before you can ever petition the lender to compromise the debt, 2) that one of the investors goals is to keep more liens off the house while the potential transaction moves forward, 3) and three, any investor who starts this process will definitely try to get a complete settlement of the debt, if at all possible, completely eliminating fears of any deficiency judgments.  How one structures a deal to prevent these things can be a little complicated, to both the homeowner and the attorney they respect, whom they insist needs to approve everything they do all of a sudden.

I'm going to start asking them, "Well, did you have your attorney present, or even ask them to review your mortgage, prior to your signing on the dotted line?".   Now that they are 3 months behind on payments, suddenly their attorney is called in to save them?     

Working short sales is not for whimps.  I've been beating that through my thick skull for nearly a year now, and thank God, I think some of that truth is finally starting to sink in.

That's why I believe 90-98% of Realtors should focus on finding the retail buyer and leave the SS negotiating up to an investor.  That's probably why your 10% figure is not that far off the mark; a lot of Realtors aren't really ready for the fight.  I'm ashamed to say, I used to be one of them!  

All my personal and business best to you.  Great post!

 
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26 Comments on The short sale phenomena and ... are you ready for the fight?

MAR
12

There is one really sad part for folks that actually do contact an attorney when they get their letter from the lender. The attorney has just met another customer whose financial situation makes them a good candidate bankruptcy. Attorney turns customer into a client, advises them to not make any more payments and puts the seller into the pipeline for bankruptcy. Atty makes money from "client", who later files bankruptcy. Unmotivated seller causes frustration for short sale realtor and lenders. Sort of like the fox guarding the hen house.

Been there, done that
7:52am • #1
843,082 Points 213 Featured Posts Localism Sponsor Outside Blog Hit Router

I suspect that the 10% success rate developed because there are as many rules as there are mortgage companies that hold mortgages on short sale listings.

No standards and no rules is not a recipe for success.

There are attorneys and there are attorneys, as there are agents and agents. 

"MY attorney" just may not be the best choice.  However, attorneys who have experience with short sales can help buyers through the process. 

This is such a complicated matter and there are as many opinions and experiences as the number of agents who have been involved with short sales, there just are no standards or rules.

It's the worse thing our industry has ever faced and it's a wonder we're managing to get through it as well as we are without any real help from anyone, anywhere, anyway. 

 

8:21am • #2
351,822 Points 3 Featured Posts Outside Blog

Ten per cent...if that were true..why do them...talk to the lender...hmmmm....never had a lender yet provide any assistance to a homeowner other than threats and calls late at night...and that would include every major national player in this mess...call a realtor with SUCCESSFUL and EDUCATED short sale experience...the only one we didn't close, had an accepted offer....and burnt to the ground 3 days before closing...had the lender cooperated, the buyer would have bought the lot !

8:33am • #3
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Great post, Andrew.  I think you really do have to have the knowledge to successfully close a short sale and it is not for everyone.  I just signed up for the CDPE course in a couple of weeks to gain more knowledge in this area.  I have heard from several agents that it is one of the best courses they have ever taken.

8:37am • #4

Short Sales are Great...and a mess.  I have investor clients who work over 9 months on short sales and come up with nothing...And then others who generate six figure profits.  We had a great speaker a couple of months ago who focuses on short sales in Maryland and she (if I recall correctly) had 53 files in her pipeline.

 

Great post - something all agents need to be aware of!

8:37am • #5
5 Featured Posts

I don't know what the real estate regulations are in Iowa, or if you are a Realtor® that subscribes to our Code of Ethics, but I would have a big problem if one of my agents advised a client NOT to use an attorney and to just accept the forms that you are presenting. 

The government has a lot to do still to figure out how short sales and foreclosures are impacting people's futures and our economy.  The tax consequences of a short sale or foreclosure can and should be reviewed very carefully by qualified professionals brought into the transaction.  The Relief Act is only valid for deemed income on forgiven debt through the end of 2009.  Will the Government extend the legislation?  If not, watch the floodgates open wide when the moratorium on foreclosures ends next month.  And then watch homeprices take a severe nose dive as everyone tries to get rid of their homes before the foreclosure axe falls on them.

8:46am • #6
Localism Sponsor Outside Blog

Interesting post. There will be more short sales in the future and we need to know to do them.

9:03am • #7
619,122 Points 59 Featured Posts Localism Sponsor Outside Blog

I think it was someone in MN who posted a blog about the process you are getting involved in...

"i.e. helping the homeowner to avoid the foreclosure by making an offer to purchase the home, and by seeking a new buyer who will purchase the home long before the foreclosure takes place."

They were videos from their state association of Realtors?  Or from their state licensing board?  Every state is different of course, and as close as IA and MN are,... I am sure laws and practices are not the same...   I think it was  Jennifer Kirby who shared the videos aimed at real estate professionals getting into working short sales as an interim buyer / seller.

9:26am • #8
1 Featured Post

The author noted that some 50% of borrowers never contact the lenders. Hmmm....

And for those 50% who do contact the lenders, what kind of response do they get? I have spoken with some folks who did contact the lender when they realized they would not be able to make their scheduled payments, only to be told the lender couldn't do anything for them because they were ahead on the loans; the lender wouldn't even consider discussing payment arrangements until they were 60 days in default.

Doesn't make a whole lot of sense to me.

9:28am • #9
362,145 Points 3 Featured Posts Localism Sponsor Outside Blog

Many people are in denial or completely frozen.  The number I have heard is that 70% of people in trouble don't call their lender, a realtor, an attorney, anybody!

9:59am • #10
162,018 Points 9 Featured Posts Localism Sponsor Outside Blog Hit Router

I would be very cautious as a licensed agent to buy a home from a short-sale seller, only to turn around and sell it to someone else...The seller could come back and say you took advantage of them and paid below market, because sometimes they have to sign a note for the difference...

10:06am • #11
5 Featured Posts Localism Sponsor Outside Blog

Short Sales are definitely not a "cake-walk." If you commit the time, effort, education and compassion necessary to tackle them, you'll be successful with them.

11:15am • #12
4 Featured Posts Outside Blog

When it comes to short sales you run. You either run towards it or away from it. I do agree with you its not for whimps. Great post!!

11:23am • #13
350,745 Points Outside Blog

You are right that most of the home owners who are in trouble seem to "stick their heads in the sand" and seem to hope the problems will go away.

12:10pm • #14
108,681 Points 3 Featured Posts Localism Sponsor Outside Blog

I also agree with you that short sales are not for the faint of heart!  I have been working on several of them lately and they are frustrating, to say the least.  Maybe I am just a glutton for punishment, though, I keep looking for them for my buyers!  I thought your post was very informative and I appreciate your taking the time to write it!

12:13pm • #15
188,340 Points 1 Featured Post

Short sales, aren't for me, no way thank you. It's lots of work for nothing, nothing good, the lenders always try to cut the Real Estate agent out of the commission so they can pocket the money. Boo....hissss

Portsmouth NH Real Estate

12:41pm • #16

Good input, Andrew, and the comments are educational too.

I've found more success when dealing with short sales when I ask agents these questions first:

10 Questions to Ask the Selling Agent Before Presenting An Offer on a Short Sale

Thanks for posting!

:) PS

Patrick Schutte
12:52pm • #17
120,125 Points 2 Featured Posts Outside Blog

you are right that they are not for the week at heart. the process needs to be managed and that starts before an offer, by having the seller complete the short sale packet before listing the home. You also need to have a good idea of current appraised value so you don't accept offers outside of the guidelines

1:25pm • #18
Outside Blog Hit Router

Short sales are tough, we all know that.  What I don't understand is why after three years of numerous short sales in the market, there still is not a standard in place to deal with them.  How come some bank hasn't come up with a way to stream line them and have this idea spread all over the country like wild fire?

4:34pm • #19
262,828 Points 2 Featured Posts

Hi Andrew.  I think the lack of standards and enforcement is the largest cause of why so many properties are on the market today, as many of these properties, if reduced appropriately with little delay or hassle, could easily sell to willing buyers.

5:03pm • #20

Andrew thanks for the post. Our investment group actually does just what you're talking about....helps realtors faciliate their short sales. The difference is we pre-qualify each deal and if it makes sense....we have a much higher ratio of closing them them 10%....more like 90%, no joke!

We're literally closing 1-2 short sales EVERY DAY, and most realtors are beyond excited to work side by side with us since we have a very organized and successful system, and we don't charge any back end or upfront fees.

Anyway it is nice to hear from other agents they know they need to learn to do short sales, because that's where the majority of the market has gone to for RE professionals!

Business is GREAT here!! :)

Tracy Royce

www.LiveFreeInvestmentGroup.com

 

Tracy Venezia-Royce
7:01pm • #21
300,572 Points 3 Featured Posts

I was doing short sales when short sales weren't cool. I have never really thought of aggressively marketing them until 06, prior to that I was averaging three a years just from clients that go behind, divorced etc. We called them pre foreclosures back then. I have a success rate of 95% since hooking up with an attorney, prior to that it was only about 60%. She doesn'tplay fair though with lenders and knows all the ends and outs. I got lucky meeting up with her.

7:29pm • #22
Localism Sponsor

Attorneys do put a bit of leverage on the short sale.  You have to be able to push these banks and real estate agents aren't always taken so seriously.  I agree - it's a hard process!

9:50pm • #23

I'm all for a third party negotiator...I have only so much patience, best to know our limits!

 

Jan Radosevich
11:17pm • #24

As a private real estate investor who specializes in the acquisition, negotiation and disposition of short sales we work closely with Realtors who appreciate the fact that we close 8 of 10 SS packages submitted. We ensure the lenders get full commissions and sometimes twice depending on whether or not they are involved in both the A to B and B to C transactions. We as the principle buyer and resale to retail buyers at 10-15% below current market value for a quick 60-90 day sale. As ethical and honest investors we believe in total transparency and full disclosure. We buy pre-foreclosures with the intention of reselling for a profit. It's a win, win, win proposition.

Ricky

http://www.linkedin.com/in/rickygibson

11:27pm • #25
MAR
13
4 Featured Posts

As several obviously savvy investors have pointed out... pre-qualify the listing before taking the short sale to up that 10% success rate.

The biggest mistake I've come across are agents taking short sale listings.... just to take a listing.

For agents representing buyers... pre-qualify the listing agent before submitting the offer. Overpriced listings and No price reductions for three months are a big clue when it comes to evaluating experience...

 

2:57am • #26

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Andrew Lietzow-MBA, GRI

Des Moines, IA

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