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Short Sales: The bank should not be asking you for an offer on an FHA Short Sale

By
Real Estate Agent with America's Home Rescue (2008 & 2009 NAR Convention Speakers)

Fellow Short Sale Enthusiasts,

I want to preface this response by stating that one of our successful coaching group members and I had a conversation just the other day about Chase and many of their loss mitigation representatives not being familiar with HUD guidelines, as they pertain to Short Sales.  This actually applies to most lenders. During the course of her conversation about the HUD guidelines with a new rep at Chase, and ONLY after building a solid rapport with the rep, she finally stated that their supervisor never taught them about specific HUD guidelines and that all loans are treated the same. The rep very quickly came to recognize the difference, as a result of some guidance from our CDRS Member. Please understand that most customer service and loss mitigation representatives, especially within Chase, are completely unaware of the fact that they can't accept an offer (or contract) until the borrower (your client) has been accepted and approved to participate in HUD's pre-foreclosure sale program, as evidenced by HUD Form 90045. To them, like most lenders, they insist on wanting an offer, not knowing that the offer is not necessary on an FHA Short Sale in order to order an appraisal, which is required by HUD for the sole purpose of the approval and acceptance of the homeowner into the program. This is why the lender is required by HUD to send to the borrower and the listing broker HUD Form 90045 within 7 days of the borrower's acceptance into the program. HUD Form 90045 establishes what the lender can and cannot take in the Short Sale, in terms of a net figure (88%, 86%, and 84% CMV), and it also discloses the appraisal value. On the HUD guidelines, they even specifically state the number of days for which the bank must net, based on how many days the property has been marketed from day 1 of the acceptance. Why would there be time frames established by HUD, post program acceptance, if the lenders required you to have a purchase contract before proceeding forward?  Folks, an offer is not required first on an FHA Short Sale. You can go active in MLS any day and every day if you would like to, but procuring an offer or contract can be premature, unless the Seller has already been accepted into the program, as evidence by HUD Form 90045. After tons of Short Sales, we finally learned that we were going active way too soon in MLS and procuring offers that could never be accepted in the first place so soon in the process.  When we switched our approach, 80% of our frustration, stress, and anxiety went away in our Short Sales. Trust me, the loss mitigation reps will NEVER understand why you're holding off on going active in MLS and procuring a contract, before the Seller is accepted into the program.  This is your strategy, not theirs. Ultimately, if it seems you're stuck because they don't know the guidelines, then call HUD and get them to call the lender. Usually, the lender will order the appraisal not too long after wards. Have a great one!

Want to become a master of the Short Sale transaction?  Get your CDRS Certification asap.  Most obstacles and frustrations are caused by an inexperienced and uneducated real estate agent, unknowingly, and not primarily the lender.

www.CDRSCertified.com

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Jim D.

Re/Max Associates

Comments(6)

Brian Brumpton
Keller Williams Boise - Boise, ID
Boise Idaho Real Estate

This is true, in FHA short sales they want the seller's to go through counseling first and the approval process in my experience has been much faster.

Sep 28, 2009 10:28 AM
Tracy Lee Parker
RE/MAX DFW Associates - Royse City, TX
Buy*Sell*Rent

Thanks ! Now I can ask listing agents if they have the Hud 90045 and ask if the sellers have done HUD counseling...this will help the buyer and I determine the wait time.

Sep 28, 2009 10:48 AM
Bryant Tutas
Tutas Towne Realty, Inc and Garden Views Realty, LLC - Winter Garden, FL
Selling Florida one home at a time

FHA short sales are an entrely different animal. They are actully the one exception where you can get a "pre approved short sale price".

Tracy just remember this only applies to FHA short sales.

Sep 28, 2009 11:11 AM
Michael & Stacy Spickes
America's Home Rescue (2008 & 2009 NAR Convention Speakers) - Austin, TX

If you are the Buyer's Agent on an FHA Short Sale, it is your risk to gamble your client's interest in the property if you decide to submit an offer, especially when the Listing Agent's client hasn't yet been accepted into HUD's Pre-Foreclosure Sale Program.  This is exactly the reason why we don't go active in MLS at the time of the listing appointment.  Great job!

Sep 28, 2009 11:18 AM
Steve, Joel & Steve A. Chain
Chain Real Estate Investments & Mortgage, Steve & Joel Chain - Cottonwood, CA

Michael and Stacey, Thanks,  I believe the preapproval would be valuable tool if applied to conventional as well. 

Sep 28, 2009 01:15 PM
Gene Allen
Fathom Realty - Cary, NC
Realty Consultant for Cary Real Estate

Sounds interesting.  Haven't run into it yet I don't think.

Sep 29, 2009 09:09 AM