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Short Sale Approval: Always a guaranteed trustee sale suspension?

By
Real Estate Broker/Owner with Metro Life Homes RS-78439 / BRE #01708344

I recently got a written bank approval on a short sale listing of mine.  Of course, it took forever and a day to get it, but after a week into escrow something unusual happened.

The property was vacant, and when I went to check on it I found a notice of trustee sale posted on the property.

My first thought was that it just crossed in the chronological path.

But I have learned to NEVER ASSUME ANYTHING.  We have a buyer and a seller here who have a huge amount of livelihood at stake here, and I wanted to verify everything in writing.

So I left numerous voicemails and faxes for the short sale analyst, urgently trying to get confirmation that the trustee sale was suspended since we were in escrow.  When she finally got back to me, she left a voicemail that was kind of snooty saying that it's just a given that the trustee sale will be suspended with a short sale approval, and that nothing will be provided in writing and that point is "non-negotiable".

Of course, I assumed the same thing but my rationale was that the bank is one organization and the trustee sale was another.

Am I to assume that the left hand is aware of what the right one is doing?  Is my assumption strong enough to risk my seller's and the buyer's livelihood?  I don't think so.  Thus my request for confirmation from the bank.

Suffice it to say, I've saved her voicemail stating it is suspended.

Just in case................

Things happen..........................ya know?.....................THINGS?!?........................

Comments(1)

Roy Kelley
Retired - Gaithersburg, MD

We see active short sale listings, many with contracts, going to trustee sales every week. Frequently the listing agents do not have a clue. At least you saw the advertisement. And, the volume of trustee sales has increased in Maryland.

 

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May 27, 2009 09:58 PM