Admin

Bank of America Short Sale. Help!

By
Real Estate Agent with Sotheby's International Realty

i am representing a buyer in a short sale where the 1st is held by BofA.  BofA told the sellers to put together a short sale.  After five weeks BofA approved our short sale but made the debt recourse in the short sale agreement when it was a non-recourse note to begin with.  of course the seller's attorney told them not to sign the agreement.  the negotiator told the seller's agent that if they don't agree to this the deal is dead.  why would a seller agree to a short sale in this situation?  we're in California a non-recourse state.  they can just let the property be foreclosed upon and be better off.  so now the property will go into foreclosure and cost the bank another 50K plus.  my buyers offer came in at value.  it's a very good offer.  does anyone have any suggestions/ideas?  any similar experience dealing with BofA.  According to the seller's agent she just negotiated another short sale deal with BofA and their agreement included full settlement language.  Nightmare!

Comments(7)

Show All Comments Sort:
Dinah Lee Griffey
Windermere Peninsula Properties - Allyn, WA
Managing Broker Windermere Peninsula Properties

There is a lot of interesting things happening right now. Not much of it makes sense. I can't wait until we can get past all of these-Dinah Lee

Apr 29, 2009 05:42 PM
Richard Dolbeare
Inactive - Wailuku, HI
Living the Hawaii Lifestyle

No ideas to share, sorry.  This just seems to be the state of affairs and Realtors don't control the banks.  I think I'm glad of that!

Apr 29, 2009 06:21 PM
J. Philip Faranda
Howard Hanna Rand Realty - Yorktown Heights, NY
Associate Broker / Office Manager

I am in New york and am unfamiliar with recourse and non-recourse. Can to explain what you mean? I do 1-3 short sales a month on the listing side and might be able to offer some insight if I understand the question.

Apr 29, 2009 06:32 PM
Harry F. D'Elia III
WEDO Real Estate and Beyond, LLC - Phoenix, AZ
Investor , Mentor, GRI, Radio, CIPS, REOs, ABR

There are times when banks do not make logical decisions. Who really pays for it in the end? We do through more bank fees. Stop the insanity!

Apr 29, 2009 09:51 PM
Jim Dvorovy
Cutler Real Estate - Canton, OH
REALTOR - Canton Ohio Real Estate

Seems to prove there are no rules when it comes to short sales.

Apr 29, 2009 09:55 PM
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

Good luck with it. Please let us know how it works out. Maybe the bank will change its mind and reconsider.

Apr 29, 2009 11:18 PM
Bob & Carolin Benjamin
Benjamin Realty LLC - Gold Canyon, AZ
East Phoenix Arizona Homes

This is pretty much the state of affairs all over .... sad but does not seem to be changing.

Apr 30, 2009 11:27 AM