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New California Short Sale Law Is Passed

By
Real Estate Agent with Cascade Sotheby's International Realty

A few days ago I made mention of a California Senate Bill 306 that if passed would change the way Short Sales are performed in California.  The change would require a mandatory response time of 21 days once a Short Sale package has been received by a Seller or their authorized agent.   If the package being submitted includes a HUD statement then the response time is only 4 days.

As reported here, that bill looks as though it has passed.  To read the bill in its entirety you can see it here.  Undoubtedly there will be further clarification in the weeks to come regarding the requirements for these timelimes to be honored.

Keep in mind that this bill does not force banks to accept a Short Sale, it simply hold them to a timeline in which they must respond.  As any of us who have been involved with a Short Sale can attest, one of the most frustrating aspects of the process is the banks lack of timely communication. 

It also appears this will not take effect until January 1, 2010.  No doubt the lawyers will be pouring over this to mesh it down into bit size pieces.  I would guess they are in the process of doing that right now given the little fanfare and attention this Bill has received.

It will be interesting to see what kind of impact this law will have on our fellow California Realtors efforts in closing Short Sales.  If successful, my guess is that other States will begin adopting the same policies.

What are your thoughts on the new California guidelines?

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ABOUT TARRIS ROGERS:  Having lived here in Central Oregon nearly my whole life, I love being able to put my expert knowledge to work for you.    I specialize in Resort/Vacation/2nd Homes, Investment Property, Short Sales, Foreclosures and have specialized services for Out of Area buyers.  I'll make sure you get great service! 

If you're an out of town Buyer, you'll especially love me.  Please ask me why.

Bend Oregon Real Estate - (Mr Rogers, Your Neighborhood Specialist)

Sunriver Real Estate - Your Real Estate Concierge For Sunriver Homes

Tracy Lee Parker
RE/MAX DFW Associates - Royse City, TX
Buy*Sell*Rent

We need this law in Texas.

Sep 28, 2009 07:17 AM
Melissa Zavala
Broadpoint Properties - Escondido, CA
Broker, Escondido Real Estate, San Diego County

That is interesting stuff. Like all other bills and laws, putting them into practice will probably be very difficult!

Sep 28, 2009 12:47 PM
Satar Naghshineh
Satar - Amiri Property and Financial Services Corp. - Irvine, CA

I personally don't like it. It probably will slow down the lenders down some more.

Sep 28, 2009 08:35 PM
Wendy Rulnick
Rulnick Realty, Inc. - Destin, FL
"It's Wendy... It's Sold!"

What does "respond" mean, Tarris?  Does it mean the lender says they have the file? Or they give an approval or denial that quickly?  I don't  see how that can be possible with the volume of short sales without having the banks triple their staffs, be given delegated authority from all investors, and have a CURRENT appraisal on file.  That would mean that every borrower that is behind in payments, or MIGHT be behind (i.e. transferred military) would have an appraisal ordered. Micromanagement... not practical.  The appraisals alone might waste billions of dollars.  OK, I haven't read the bill.  Maybe I am off base?

Sep 29, 2009 12:14 PM
Tarris Rogers
Cascade Sotheby's International Realty - Bend, OR
Bend Oregon Real Estate

Wendy, You bring up an excellent point.  I wish I had an answer for you.  I'm afraid I'm one of the first to break the news and so don't have the luxury of drawing from a myriad different opinions.  I have a feeling we'll be getting them soon.  It will be interesting to see just what kind of Pandora's Box this all turns out to be and how the banks are going to conform to the new regulations.  If anyone else wants to weigh in with their opinion, I'm all ears.

Sep 29, 2009 12:53 PM
Jackie Nary
Keller Williams Elite Realty - Bonita Springs, FL

I wish I lived in Calf.  I am a short sale queen in Florida (Bonita Springs, Fort Myers, & Naples)  I have some shorts that have been in 'negotiations" for a year.  Banks don't seem to have the motivation to get the job done as they continue to be paid to service the loan no matter the status, except foreclosure.  Why should they give up some of their income??? 

 

Jackie Nary

Keller Williams, Elite

Bonita Springs, FL  239-949-8338

 

Oct 19, 2009 09:39 AM
Tarris Rogers
Cascade Sotheby's International Realty - Bend, OR
Bend Oregon Real Estate

Jackie - I feel your pain.  You're right, as long as they're servicing the loan for an underlying investor they're making money.  I wonder how long it's going to take the underlying investors to figure out that banks are NOT playing to their best interests either.

Oct 20, 2009 09:43 PM
Anonymous
Trish Harless

If this can get put into action and be done in all the right ways it will be a WIN for ALL!

Oct 28, 2009 11:49 AM
#8
Anonymous
Lisa Kay

Thanks for this artical Tarris..It gives us all hope! No gaurrantees...Just Hope...LOL...By the way my daughter is going to College at COCC there in Bend. She went there for the snow boarding. Great little town!

Dec 08, 2009 09:23 AM
#9
Tarris Rogers
Cascade Sotheby's International Realty - Bend, OR
Bend Oregon Real Estate

Trish - I agree, it would be wonderful

 

Lisa - That's great to hear about your daughter attending college here!  I hope she's liking it here.  As you say, Hope is a good thing and we all need plenty of that right now.

Dec 08, 2009 11:43 AM