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Short Sales and Scrambling....(and I don't mean EGGS!)

By
Real Estate Agent with Diane Turton, Realtors, Forked River, NJ

Shorts sales and scrambling... seem to go  "hand in hand"

Here a story of what a seller should not do!

Months ago, I listed a Mother/Daughter property where the sellers were separated and getting divorce. The husband's business was also having difficulties.

I heard that agent in our company, had a buyer with a specific need to have an in-law suite.  I encouraged that agent to have her buyers take a look at my listing.

The property was a perfect-match, however it was priced over what the buyers were willing to pay (of course!).  Again, through my encouragement to the other agent, they submitted an offer.

In reviewing the offer & the current market conditions with the sellers, we determined that the buyer's maximum number would result in a short sale.  All parties quickly became aware of this.

I suggested that the sellers speak to their real estate attorney, who then encouraged them to go ahead accept the offer and pursue a short sale.  The buyers were on board also...

 

The scrambling begins.....we immediately contacted the bank and got all the preliminary approvals for the short sale to submit the offer.

After about 30 days, we got the approval from the bank.

 

 It was all going so well:

  • home inspection
  • appraisal
  • mortgage commitment
  • survey
  • Title

The closing was scheduled!

A few days before the closing I received a frantic call from the buyer's agent; the buyer's were just notified by their attorney that there is a hold on the closing.

The scrambling continues....I immediately called the seller's attorney who explained; the sellers were contacted by their divorce attorneys and needed to immediately sign the paperwork and get divorced.  (There was some sort of timing issue).

Neither of them thought about contacting their Real Estate attorney, so now that they are no longer married, all the bank paperwork, title paperwork, settlements statements, etc. needed to be re-done.

                   "BUT WAIT, THERE'S MORE", their Real Estate attorney tells me....

After they signed all of their divorce papers, the divorce attorney told Mr. Seller to go ahead and immediately file for bankruptcy, (which there happened to be an office just a few doors down).

So, Mr. Seller took his attorney's advice and went ahead to filed a Petition for Bankruptcy. 

This resulted in the closing to go on "hold"; (an automatic stay that prevents the conveying of title).

After an afternoon of us all scrambling, their real estate attorney suggested that Mr. Seller needs to go back and file to dismiss the bankruptcy.

Miraculously, this only caused a 3 week delay.

The dismissal was granted and a new closing date was established.

ToulaRosebrock.com

And for scramble finale; as the buyer's agent was doing the "final walk-through".  The key from the lockbox will not work. 

It appears that the seller decided to change the lock a week earlier to prevent a prior renter from entering the building.  He neglected to tell anyone that he did that. We then needed to quickly locate a key for the final walk-through, so that the buyer can go ahead and close.

So, when selling a property:

    Do not get divorced

    Do not file for bankruptcy

    Do not change the locks without telling the listing agent

                    Honestly, if I'm going to scramble, I prefer it to be my eggs!!!

-------------------------------------------------------------------------------------------------------------------

ToulaRosebrock,com

Toula N. Rosebrock (of Diane Turton, Realtors) - Broker / Sales Associate - Specializing in all of Ocean County - Lacey Township Real Estate, Forked River / Lanoka Harbor

Unique Name ... Unique Agent ... Unique Service!

Websites:     www.Toula.org      www.ToulaRosebrock.com     

                                         &          www.OceanCountyNJRealEstateSales.com

Waterfront Properties, Single Family Homes, Multi Family Homes, Condos, Townhomes, Adult Communities, Vacant Land, Commercial Properties, 1031 Exchanges

 

 

Toula Rosebrock
Diane Turton, Realtors, Forked River, NJ - Lacey Township, NJ
Broker/Sales Associate, Realtor, Lacey Township,

Hi Roy - Thank you, I do take pride in my work!

Jun 23, 2009 01:21 AM
Toula Rosebrock
Diane Turton, Realtors, Forked River, NJ - Lacey Township, NJ
Broker/Sales Associate, Realtor, Lacey Township,

Hi Michael - Interesting, indeed!

Jun 23, 2009 01:22 AM
Toula Rosebrock
Diane Turton, Realtors, Forked River, NJ - Lacey Township, NJ
Broker/Sales Associate, Realtor, Lacey Township,

Hi Kristin - Thanks, Tons of patience, is right!!!

Jun 23, 2009 01:23 AM
Goodbye Active Rain
Out of Real Estate

Why would they encourage the sellers to commence with the divorce signing before the sale of the home?  Then why would they tell him to file BK in the middle of the sale?  Oh wait, that's what misinformed people do.  The sheeple parade continues.

Jun 23, 2009 01:36 AM
Toula Rosebrock
Diane Turton, Realtors, Forked River, NJ - Lacey Township, NJ
Broker/Sales Associate, Realtor, Lacey Township,

Hi Tony - Unbelievable...isn't it!  In this case it was a divorce attorney who wasn't thinking!

Jun 23, 2009 01:48 AM
Heather Chavez
Second Self Virtual Assistance - Caldwell, ID
Real Estate Virtual, Assistant (928) 692-3235

What a story, Toula!  I only like my eggs scrambled, too, thankyouverymuch!  Kinda seems like common sense to not get divorced, not file bankruptcy and not change the locks without letting your agent know, but apparently it isn't.

Jun 23, 2009 01:48 AM
Toula Rosebrock
Diane Turton, Realtors, Forked River, NJ - Lacey Township, NJ
Broker/Sales Associate, Realtor, Lacey Township,

Hi Heather - Kind of, makes sense to me too!

Jun 23, 2009 01:53 AM
Robert Rauf
CMG Home Loans - Toms River, NJ

Toula it is the fun "stuff" like this that keeps us on our toes! (and causes just a few gray hairs!!)

We have clients that make the wrong decision all the time and it can be hard to anticiapte all the issues!

for buyers while in the process of buying:

  • Dont go buy a new car
  • dont go on vacation
  • dont change jobs
  • Dont spend the D/P monies on new furniture
  • Dont start working on the new house until after you close
  • Dont take Real Estate Advise from the girl cutting your hair

I could go on, but all this has happend and will happen again!

Jun 23, 2009 04:23 AM
Toula Rosebrock
Diane Turton, Realtors, Forked River, NJ - Lacey Township, NJ
Broker/Sales Associate, Realtor, Lacey Township,

Hi Rob - Gee, I wish I only had a few gray hairs...thank goodness for Revlon!

Jun 23, 2009 04:27 AM
Team Honeycutt
Allen Tate - Concord, NC

amen,  and I bet 9 of 10 agents have a similar story to tell in this market.  I think we should up our commission???!!!

Shelton

Jun 23, 2009 05:28 AM
John Walters
Frank Rubi Real Estate - Slidell, LA
Licensed in Louisiana

Toula it justs seems to get harder and harder these days.  I wish we could get back to the easy days.

Jun 23, 2009 05:52 AM
Lou Ludwig
Ludwig & Associates - Boca Raton, FL
Designations Earned CRB, CRS, CIPS, GRI, SRES, TRC

Hi Toula

Sounds like a great scribe for a real estate reality show. You more then earned your professional fee for this sale.

Good luck and success

Lou Ludwig

Jun 23, 2009 08:26 AM
Ed Silva, 203-206-0754
Mapleridge Realty, CT 203-206-0754 - Waterbury, CT
Central CT Real Estate Broker Serving all equally

You just know it could have been even more fun if it was one of the banks that never even gets back to you on the short sale like C-wide.

Jun 23, 2009 09:05 AM
Dorie Dillard Austin TX
Coldwell Banker Realty ~ 512.750.6899 - Austin, TX
NW Austin ~ Canyon Creek and Spicewood/Balcones

Hi Toula,

What a turn of events! Looks like you worked through all 3 of them with grace and expertise! You also added another learning experience to your bank of knowlege to share with us! 

Jun 23, 2009 10:29 AM
Craig Rutman
Helping people in transition - Cary, NC
Raleigh, Cary, Apex area Realtor

It would have been so much easier if you had scrambled the eggs instead!

But in the end, the buyers got the house, the sellers moved on with their lives, you got a check and no eggs were hurt in the process!!!

Job well done my friend!!!

Jun 23, 2009 11:14 AM
The Rains Team
Keller Williams Realty Atlanta Partners - Hoschton, GA
A higher standard in real estate

Hey Toula, Well that sounds like it was quite an ordeal! I'm glad it finally made it to closing though for you!!

Have a great evening,

Anne Rains

Jun 23, 2009 01:17 PM
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

Toula, congrats on closing.  I can't believe the attorney didn't know that the bankruptcy would hold up the sale.

Jun 23, 2009 11:37 PM
Mark Watterson
Salt Lake City, UT
Utah Real Estate

That's good you got the deal done, in spite of the complications and considering the distractions you got it done in record time.  Congrads.

Jun 24, 2009 12:13 AM
Endre Barath, Jr.
Berkshire Hathaway HomeServices California Properties - Beverly Hills, CA
Realtor - Los Angeles Home Sales 310.486.1002

Toula, you forgot to mention, and all parties have helped the economy by consuming more Alcohol during this ordeal. Congrats on Closing a Challenging one.:))

Jun 24, 2009 07:30 AM
Susan Neal
RE/MAX Gold, Fair Oaks - Fair Oaks, CA
Fair Oaks CA & Sacramento Area Real Estate Broker

Hi Toula - This reminds me of issues in the medical field as well, where one doctor doesn't check with a patient's other doctors before prescribing something that conflicts.  That happened with my aunt, who went to a podiatrist for an ingrown toenail, the podiatrist scheduled surgery without consulting the doctor who was treating her for diabetes or her cardiologist.  She wound up losing her leg and then suffering a fatal heart attack.  

All clients of attorneys, Realtors, and medical professionals should be advised that each of their advisors should know about the advice given by the others, and/or before taking action they need to check with those whose advice may be affected.  This is particularly true in a divorce situation.  I'm glad you survived this nightmare!

Jun 26, 2009 06:29 AM