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$8,000 Tax Credit Still Possible on Short Sales!!

By
Real Estate Agent with Realty ONE Group Eclipse

I made a prediction in late April that we would have buyers bail out of short sale transactions as the tax credit neared its end, and that has certainly proven to be true.  May has been a really interesting month for many real estate agents selling short sales.  Our office alone has had seven approved short sales in which the buyers were either gone when the approval came through or couldn't close the deal.  Several of those seven, last-minute defections were because of the tax credit. 

If you've got buyers on your short sales who were under contract before April 30, I'm sure you've already positioned them to understand that if they needed the tax credit to close, they should not have put an offer in on a short sale property.  At this late date, it's a dicey proposition at the very least.  Agents can't guarantee anything when it comes to time frames for a short sale.  Short sales are notorious for going longer than anyone expects them to.  So, putting your buyer's eggs in that basket was not at all a sure thing.

So, I'm sure none of the buyers you have right now need or want that tax credit...right?

Well, let me let you in a little secret.  They all want it!  They absolutely do.  Whether or not they have to have it--and I hope, at this point, that they actually don't need it to close-8,000 bucks is 8,000 bucks.  Even to Bill Gates, that's not chump change.  Well maybe to Bill Gates it is, but not to the majority of us.

The reality is that this is the last week of May.  Most buyers are looking at the calendar and saying, "Hey, if I don't get an approval by the end of this week, I'm out $8,000!"  They might not need that money to close, but no one wants to kiss that kind of money goodbye without, at least, exhausting all their options.

So your buyer wants that tax credit, and time is ticking, and your buyer is thinking of shopping around for another house, etc...  Here's a tip:  If the buyer is serious about getting the $8,000, have them (or you) call in a favor to their loan officer, and tell that bank guy or gal, "I know we don't have an approved short sale yet, but I really need you to start processing and underwriting this loan so all we have left to do is the appraisal."  (This is assuming that your buyer does not want to pay for the appraisal prior to approval, but that might be a reasonable trade off in some situations.)

Here's the deal--30 days is what a buyer's bank usually needs to process the entire loan.  That lender as you well know--especially those of you who listened to our conference call concerning lenders--realize that the lenders look at a short sale transaction and say, "Until we have an approval letter, this isn't really even a full contract, so I'm going to do nothing.  I won't even collect documentation and verify that their information is what it says it is.  I'll pre-qualify the buyer and that is about it.  I'm not going to do anything else."

The truth is that a short sale approval might come through in mid-June. If the bank and the buyer have been moving the loan forward, you might be able to close the deal in two weeks, get it funded, and have the buyer still get their $8,000!

If you are the buyer's agent, seriously consider making that call on your buyer's behalf.  Ask the lender to process and underwrite the loan and get back to you with the only remaining condition being a satisfactory appraisal.  So that if the approval of the short sale comes through at the last minute, they've already looked at title; and they've already done all their underwriting and verification.  If an appraisal is, then, the only condition, you can most likely get a quick appraisal, and get docs out in a week!  You could slam that thing through and get it done-and get your buyer $8,000 she might otherwise not have gotten.

You're going to have to pull in a favor because loan officers don't want to work for free and that's the way they'll look at this.  They'll say, "This short sale isn't even approved.  I'll be working for free on this."  True enough.  But if you have good relationship with them, and you really appeal to their better nature, hopefully, they will be able to process the loan file and you can do a rush deal and get that thing closed by June 30, 2010 and save the day with a "Hail Mary" pass!  Everyone wants to be a hero, even loan officers.  Why not try to get a deserving buyer $8,000?  The government is giving money away, we might as well see if we can help the buyers get it. 

Matt Side

Alliance Short Sales

www.AllianceShortSales.com

Follow Me on Twitter:  http://twitter.com/MattSide

Follow Me on YouTube:  http://youtube.com/allianceshortsales

P.S. - Here is a tip if the bank makes a counter offer on your short sale:

If a bank is countering your short sale on price by $5,000, and your buyer qualifies for that $8,000 tax credit, don't dink around with that counteroffer!  Recommend that your buyer accept it!  If you do dink around, the chances that your transaction will go beyond the government's tax-credit time limit skyrockets!  Even though that buyer wouldn't come out of the deal with an extra $8,000, they would still be $3,000 ahead.  So, make sure that buyer is really thinking about what the offer is from the bank.

If the counter is over $8,000, your buyer might want to forget it UNLESS the property is a great deal even with that higher counter-especially if they get $8,000 of that back from the government.

Countering the banks counter can add months to the short sale process so consider your options carefully.  Countering the bank will likely eliminate any chance of closing by tax credit time.

Good Luck!

Matt Side

Based in Spokane, Washington Alliance Short Sales offers short sale services in multiple states around the U.S.  With a current network of agents located in Washington, California, Idaho, Nevada, Arizona, Florida, Tennessee, Georgia, Ohio, and Virginia, Alliance negotiates short sale real estate transactions with lenders on behalf of agents without charging a fee to the agent or the seller.  Because their fees are paid at closing out of the net proceeds to the lender, Alliance creates a beneficial outcome for all parties involved.  For additional information about how you can work with Alliance Short Sales, please visit our website at www.AllianceShortSales.com.

Comments(19)

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Lee Davenport
Sandy Springs, GA
Learn With Lee: Real Estate Coaching & Consulting

Good sound advice!  I have a client in such a predicament where I know the lender has started to do anything so I will get on the horn but any advice if the lender really doesn't want to "work for free"?

May 25, 2010 07:48 AM
Matt Side
Realty ONE Group Eclipse - Spokane, WA
Dir. of Broker Development

Lee,

Great question.  I would do a conference call with the buyer.  This is a good way to put pressure on the lender indirectly. Also, remind the lender that it is not as though you are asking them to work for free, if this property does not close, your clients are still going to buy a house so they are just that much further ahead of the game.

Ultimately you will want to talk with your buyer and help them understand the potential of their lender not starting the process.  They may decide that it is worth finding another lender.  Perhaps one you have better relationship with.

Good Luck. :)

Matt

May 25, 2010 07:58 AM
Ben Yost - 303-587-4297
First Time Home Buyer, Mortgage Rates, Pre-Approval - Denver, CO
FHA, VA, Conventional - Mortgage Loans in De

Dah!!!

I don't know where you get your info, but find a better source.

Even the worse Lenders would have the loan ready - just in case.

It's our Processors Time - not ours and they get paid a salary! So we would push them hard to get it done.

If you ever want to know what Lenders really think- just call me 303-587-4297. I will be more than happy to help you and answer your questions!

We are not the enemy on your short sales and we would not prevent someone from getting their $8000.00.

Your post would have been better directed at the Banks- they are the REAL reason- someone would not get their Tax break monies.

Have a Good one!

 

May 26, 2010 02:53 AM
Jennifer Hamilton
Keller Williams Seattle Metro West - Seattle, WA
Jennifer Hamilton

I've done just this very thing--Yay! I'm ahead of the curve for once ; )

Great Advice!

May 26, 2010 03:53 AM
Joetta Fort
The DiGiorgio Group - Arvada, CO
Independent Broker, Homes Denver to Boulder

I have started having clients do inspection and appraisal before loan approval IF they really love the house and are unwilling to seriously look at other homes as backups AND once we've at least gotten a real live person assigned to the file. It's a risk for them to spend that money, but it could save a lot of time if bad stuff is discovered.

May 26, 2010 04:28 AM
Terry McCarley
Coastal Real Estate - Cape Coral FL - Cape Coral, FL
REALTOR, SRES, CDPE - Cape Coral, FL

Awesome advice - I don't have anyone in this situation but I am sure of lot of agents do.

May 26, 2010 04:30 AM
Lyn Sims
Schaumburg, IL
Real Estate Broker Retired

It's a good point but I think a cattle prod is also warranted for those loan officers who just don't get it.

May 26, 2010 05:11 AM
Chad Boyers
The Danberry Co.- Toledo, Perrysburg, Sylvania, & NW OH - Toledo, OH

One question that I have is this: does the buyer qualify for the tax credit even though the bank didn't approve the short sale until after April 30?  I've heard arguments both ways.  Any insight is appreciated, thanks!

May 26, 2010 05:19 AM
Matt Side
Realty ONE Group Eclipse - Spokane, WA
Dir. of Broker Development

Hey Chris,

Glad that this is not an issue for you.  :)  I agree that a lender who will not spend the time doing an initial underwrite on the loans should be "given the boot."  However, many buyers don't understand what should be expected of their lender.  That is where a good educated agent comes in.

Be Well,

Matt

 

May 26, 2010 05:23 AM
Matt Side
Realty ONE Group Eclipse - Spokane, WA
Dir. of Broker Development

Ben,

Obviously you have a very high standard of business practice.  Your clients are fortunate.  We negotiate short sales for real estate agents all over the country and let me assure you this happens ALL the time.  Several loan officers have cut down on processor staffing or eliminated them completely.

I just want to make sure you know I was not attacking loan officers.  As with any industry there are good ones and... not so good ones.  :)  This is simply a strategy to help increase the likelihood of closing on time.  I agree it is ultimately the banks fault but there is not much we can do about that part.  Working with the buyer's lender is something that is in our control.

Thanks for the comment.

Matt

May 26, 2010 05:35 AM
Karen Rittenhouse
www.JKKPropertyInvestors.com - Greensboro, NC
Real Estate Investor

Didn't the deal have to be under contract before April 31?  Now, it really is too late.

May 26, 2010 05:37 AM
Deborah Byron Leffler BzyBee Real Estate Lady!
Keller Williams Realty Boise - Nampa, ID

Great advice..I know I am changing lenders as the one I have been using is slower than molasses these days...she told me it was just the process and requirements these days...hmmmm  took my next client to anther lender and docs were at the bank over a week earlY!!!   A good lender is worht their weight in gold...I have one short sale still being negotiated that we need to close by June 30th...the others are bank owned...I am less afraid of the unapproved short sale than I am the 3 bank owned ones as to getting it closed by the June 30 deadline....uugghh

May 26, 2010 05:41 AM
Matt Side
Realty ONE Group Eclipse - Spokane, WA
Dir. of Broker Development

Chad,

I have a couple thoughts for you.  First, these are simply my interpretations and you or your clients should get tax counsel before acting on them.  That being said, below is the verbiage from the instructions published by the IRS regarding the First-Time Home Buyer Credit:

1. You purchased your main home located in the United States:  (a.) After December 31, 2008 and before May 1, 2010 or (b.) After April 30, 2010 and before July 1, 2010, and you entered into a binding contract before May 1, 2010, to purchase the property before July 1, 2010

Binding Contract:  In my opinion a short sale offer is binding upon the parties with a contingency that the lenders must approve a reduced payoff.  If a contract can be binding with contingencies for inspection or lenders approving a buyer, then it is binding without having the actual approval of a lender being paid off.

To purchase the property before July 1, 2010:  If the contract was written to close after June 30, 2010 the argument could be made that it does not qualify.  Some authorities recommended revising the contract prior to April 30, 2010 to extend the closing date out to June, 30 2010 just to be safe.  However, in my opinion, as long as the agreed closing date was before July 1, 2010 you get the credit.

I did a short video on YouTube explaining these thoughts as well.  You may want to check out.  It is titled "Does a Short Sale Qualify For The 2010 Tax Credit."  Here is the link if you are interested in checking it out.

http://www.youtube.com/allianceshortsales#p/u/8/xBiGRfGAZuc

Good luck and I hope that your buyer can get the credit.

Matt

May 26, 2010 06:04 AM
Gene Riemenschneider
Home Point Real Estate - Brentwood, CA
Turning Houses into Homes

Interesting Post.  I had a client loose out on the Tax Credit and she is not to happy about it, but does not blame me.

May 26, 2010 06:04 AM
Celeste "SALLY" Cheeseman
Liberty Homes - Mililani, HI
(RA) AHWD CRS ePRO OAHU HAWAII REAL ESTATE

I did read the WHOLE post and you have sound advice. Some would just sit and HOPE it happens...we do have some control...like taking the initiative on our client's behalf to get info...show interest and "help" them get motivated to move along.

 

May 26, 2010 06:12 AM
Chad Boyers
The Danberry Co.- Toledo, Perrysburg, Sylvania, & NW OH - Toledo, OH

Matt,

 

Thanks for the response, your interpretation is similar to what my thoughts had been on the matter regarding the issue of the contingencies.  I'll check out your links.

May 26, 2010 06:15 AM
Terry Schneeman
Comey & Shepherd Realtors - West Chester, OH

Chad,

As a CPA, I agree with Matt's interpretation of the tax credit.  A contract is binding and valid with any of the contingencies that are written in.  We had much discussion about this same topic in April as the deadline drew near.  With the IRS, it is all about the letter of the law.

May 26, 2010 08:37 AM
Marianne Bandy
Bandy Homes - Parker, CO
CRS, GRI, Certified Negotiation Expert

That strategy is worth a try.  The only problem I see is that a lot of other realtors may be trying the same thing.

May 26, 2010 04:17 PM
Deborah Grimaldi
Grimaldi Appraisal Services - Cranston, RI
(401) 837-9633

Yes, I am in a situation just like that right now. Buyers anxious to cose by the end of the month and no approval yet. I like the idea of moving the loan along ahead of time.

May 27, 2010 12:14 AM