Special offer

GMAC Short Sale Verbiage is Stealing MY Money!

By
Real Estate Broker/Owner with Tutas Towne Realty, Inc and Garden Views Realty, LLC BK607690

Fluckers!!!Hi Folks. Richard Zaretsky wrote apost earlier this week titled SHORT SALE MARKET EVOLUTION - GMAC SOLUTION TO FALSE BUYERS  If you haven't read it pop over and do so.

Richard's post spawned an article by Bill J Archambault titled Successful REALTOR Or Failed Social Reformer.

Bill's post got me thinking about this one. Funny how that works!

Here is the language GMAC wants if you have a short sale with them as the lender:

2-3% earnest money must be agreeable to buyer. Contingencies must be removed 14 days after we issue approval letter and earnest money becomes non-refundable. If buyer walks, buyer and seller must agree in writing that earnest money will be wired to GMAC.

GMAC is interfering with my listing agreement and interfering with a purchase agreement.  This is, in my opinion***, Tortious interference. They are NOT a party to either of these contracts and have no right dictating the terms.

GMAC's new "deposit language" is interfering with my contractual right, as per my listing agreement, to a percentage of the deposit when a buyer walks. Why? I didn't do anything wrong. In fact, I spent time, effort and money during the pending status of the contract and have the right to be compensated if the deal kicks due to the buyer walking. GMAC wants to steal my money.

And what about the fully qualified buyer that doesn't have 2% to 3% to put up as a deposit? They could be purchasing the home using VA or USDA (100%) financing but may not be in a position to place 2% to 3% down as a deposit. Now due to this GMAC requirement they are blown out of the water. And of course these are exactly the buyers that are willing to pay a premium for a property.

Make no mistake about it this is just one more step towards banks dictating the real estate market.

Banks are now:

  • Limitting how much I can charge for my services.
  • Preventing me from being compensated for my time and effort.
  • Dragging property values down even further by limitting the buyer pool.

You can be sure I will work the system to my advantage. BUT...dictating how I can charge for my services is a violation of anti trust laws. GMAC can certainly choose to not accept a short sale. That is their decision. How I get paid is my business and they are interfering with my contract. GMAC is not losing money. They are the servicer. They get paid whether payments are made or not. This new verbiage is not to lesson their losses it is to increase their profits.

I wonder if they pass the claimed deposit off to the investor? I doubt it.

Short Sales Suck and I Ain't Doin' Them!! Agent Training.

Do NOT be foreclosed on! Avoid foreclosure. Short Sales DO close.

Want to find out more? www.CentralFloridaShortSales.com

***I am NOT an Attorney nor do I play one on TV. Click the button below for my Bio.

The BIO for Bryant Tutas

Copyright © 2010 http://www.brokerbryant.com/ | All Rights Reserved

Posted by

 

Join Our Facebook Fan Page Check Us Out On Google+ Follow Us On Twitter

 

***I am NOT an Attorney nor do I play one on TV. Click the button below for my Bio.

The BIO for Bryant Tutas

 

 Tutas Towne Realty, Inc handles Florida real estate sales, Florida short sales, Florida strategic short sales, Florida pre-foreclosure sales, Florida foreclosures in Kissimmee Florida Short Sales, Davenport Florida Short Sales, Haines City Florida Short Sales, Poinciana Florida Short Sales, Solivita Florida Short Sales,  Orlando Florida Short Sales, Celebration Florida Short Sales, Windermere Florida Short Sales. Serving all of Polk, Osceola and Orange Counties Florida. Florida Short Sale Broker. Short Sale Florida.

 Copyright © 2017 http://www.brokerbryant.com/ | All Rights Reserved

Comments(71)

J Perrin Cornell
Coldwell Banker Cascade Real Estate - Wenatchee, WA
Broker, ABR, VAMRES

so go after them in court... why speculate... that serves nothing cause they will just keep doing it... or perhaps it is nto important enough...

Feb 16, 2010 01:28 AM
Coleen DeGroff
Coldwell Banker M.M. Parrish Realtors - Gainesville, FL
Haile Plantation Real Estate - Gainesville FL

BB -

This is head-exploding news. Thanks so much for sharing. I was hoping to have one day free of turds floating in my punchbowl; but alas, it looks like today will not be that day.

 

Lenders suck.

 

Well maybe not ALLL lenders, but most of them these days seem to, and GMAC certainly does.

 

How about this? They want to play by those rules they can keep their frickin inventory.  Surely there are other homes to show with different loan cos. holding the note.....right?

Feb 16, 2010 02:05 AM
Jenna Dixon
Momentum Real Estate Group LLC - Marietta, GA
55 & Over | New Constructions | Horse Farms

Just say NO.  That's how you fight back against this ridiculous money grab by a bank.  You are guaranteed that if this little scam is even remotely successful by GMAC, the other vultures will descend posthaste.

If you think about all the changes taking place in the mortgage industry and the banks' continuously assertiing control over the real estate market, you have to know that their motivation is to make LEMONADE out of the lemons they sold us 2-3 years ago. 

Hard to know if it's a MONEY GRAB or a LAND GRAB.

Feb 16, 2010 02:41 AM
Riccardo Palagi
EagleBoiseRealEstate.com - Boise, ID
EagleBoiseRealEstate.com

I've not yet run into this issue in my area but I imagine that the day is coming...blah!

Feb 16, 2010 03:27 AM
Mike Postell
Real Living Realty Services - Fairfield, OH

I know the banks seem to be getting tougher and tougher to deal with. We have been able to make agents productivity go up with our negotiation services. We take your short sales start to finish. If you have any questions how we can help your business boom in 2010 please call me.

Feb 16, 2010 04:06 AM
Dana Voelzke
loanDepot (203) 733-9408 - Bethel, CT
Loan Officer/ First time home buyer specialist

Elizabeth's statement on #49 above seems this could be taken out in due course. But if they do this for a while to flesh "fake buyers" with lowball offers who are plugging up the line, is it really a bad thing? As far as dictating the business at some point we all will just have to say no. It will take a while to diminish the influence of banks but this is not irreversable. I used to wonder why my great grandparents kept money in the mattress. Now I know why. In some countries in South America distrust of banks has reached epidemic proportions. We might be on our way to that here. 

Feb 16, 2010 04:11 AM
Chris Pendleton
Tierra Antigua - Marana, AZ

I love the vulture picture! I think a picture speaks a thousand words.

Feb 16, 2010 06:47 AM
Andi Grant
310-508-4354 | FirstTimeHomeBuyerRealEstate.com - Los Angeles, CA
Helping 1st time buyers and home sellers in LA!

Wow Bryant, I've represented clients on a few GMAC short sales and never saw that.  I will definitely be on the watch for it.  Thanks for sharing!

Feb 16, 2010 09:18 AM
Wendy Rulnick
Rulnick Realty, Inc. - Destin, FL
"It's Wendy... It's Sold!"

I cannot imagine they are firm on their stance, for just the reasons you stated.  101% VA buyer for example.  Also, they can ask for x-amount, but what would prevent the seller from asking for a default amount, too?

Feb 16, 2010 10:11 AM
David Dee
RMX REALTY - Alhambra, CA
Real Estate - San Gabriel Valley (L.A.) & N. Orang

From the desk of David Dee,

BB, 2-3% earnest deposit AND non-refundable. Don't like the sound of that approval letter at all.

Feb 16, 2010 11:46 AM
John Elwell
CENTURY 21 Bill Nye Realty, Inc. - Zephyrhills, FL
You Deserve a Full-Time Agent, Not Reduced Results

Bryant, I brought up the same point. What right does GMAC have to unilaterally (and they are not even a party to it) my listing agreement with my seller? We bail out the big guys and we are just trying to hang in there while they get bonuses. Most are adding fees and raising interest rates on credit cards and other loans. Now they want to dip back into the honey pot again. I have never seen such greed in this country. Reminds me of what my grandfather used to say about the Robber Barons of the early 20th century.

Next time they come to Washinton with their tin cups, maybe we should lobby to let them go broke. I for one have lost patience with their greedy attitudes and lack of cooperation. Are foreclosures or short sales any easier where you are? They sure are not here. If anything, from GMAC's example, things are getting even worse. I am at the point of saying "let them go belly-up"

Feb 16, 2010 01:43 PM
John Elwell
CENTURY 21 Bill Nye Realty, Inc. - Zephyrhills, FL
You Deserve a Full-Time Agent, Not Reduced Results

PS GMAC now owns the second on my little 600 sq ft home. Wouldn't it be ironic if their greed caused me to lose it and since they are second in line after Bank of America, they ended up holding an empty bag. Haha. Would certainly soften the pain for me. Remember what the old joke was "What do you call a hundred lawyers at the bottom of the ocean"? Perhaps we need to change out lawyers and put in something else. No offense to lawyers, I have many friends in the legal professsion. In banking, not so many any more.

Feb 16, 2010 01:47 PM
Elizabeth Cooper-Golden
Huntsville Alabama Real Estate, (@ Homes Realty Group) - Huntsville, AL
Huntsville AL MLS

There are some great comments here....I was surprised to read Jamie's, stating that our E&O may not cover short sales.  That's worth checking in to.  I count my lucky stars that short sales are few in my area and pray that it remains that way.  

Feb 16, 2010 02:13 PM
Katerina Gasset
The Gasset Group & Get It Done For Me Virtual Services - Provo, UT
Amplify Your Real Estate & Life Dreams!

Neai- Comment #48 Please! You have got to be kidding! You ask why is the government not doing something about this? Do you think they really care about realtors? Or homeowners? No, sorry to break this news but the government and the banks are in bed together. They get together and the White houses say to the banks- oh, we have to make you look bad so in public we are going to slap some extra fees on you- but don't worry- you can pass those fees right along to your customers. The banks run the Federal Reserve. The government turned over their money printing presses to the Federal Reserve. The Fed Reserve is a private banking cartel that dictates to the government what they can and can not do. The banks control the world. It is a very scary thing of which Thomas Jefferson warned us about over 200 years ago. I guess some did not listen too well. Katerina 

Feb 16, 2010 02:18 PM
Aaron Vaughn 830-358-0455
Conifer Builders LLC - Canyon Lake, TX

This GMAC deal is a joke, and I think I will avoid these deals if at all possible.

Feb 16, 2010 02:20 PM
David O'Doherty
Clayton, NC
Clayton NC Homes, Raleigh, NC

Interesting stuff I wonder where this is heading with the banks!! I have little experience of short sales but seem to be hearing more and more about them here in NC

Feb 16, 2010 02:49 PM
Matthew Bartlett
Corcoran Global Living - Hill Top Team DRE Lic. #01353034 - Glendora, CA

Thanks for the post Bryant. It does not surprise me what GMAC is doing. They have been bailed out with our taxpayer dollars and they just do not care. I have been working on a short sale for over a year now and have lost 9 buyers because the bank will not make a decision. There have been two BPO's both of which came in at the current list price yet they are unable to make a decision. I have sent them a new offer and have two more in back up currently and I'm still waiting.

Feb 16, 2010 03:43 PM
Kim Dove
Watson Realty Corp - Jacksonville, FL
Realtor - Jacksonville FL

I haven't seen a home that is that great of a deal for all of this drama! We'll just see how this goes however. I see a revision in their future.

Feb 16, 2010 09:35 PM
"The Lovely Wife" The One And Only TLW.
President-Tutas Towne Realty, Inc. - Kissimmee, FL

Parked...

Obviously you forgot to park me.

TLW...ROAR!

Feb 16, 2010 09:36 PM
Christianne O'Malley
Dickson Realty - Reno, NV
Exceptional Service - Delivering Results in Reno!

They are further reducing their buyer pool but I can understand why they want this. They are trying to keep buyers engaged in short sales. The spirit is right, but the execution is questionable...We have many VA and USDA buyers that would never have 2-3% to put down. I hope GMAC doesn't have many deals out west in Nevada (HA! We know the answer to that one don't we? I wonder if this will become regional.)

Feb 17, 2010 02:09 AM