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Palm Beach County Short Sales- Is Pressure Mounting For Homeowners Who Don't Pay Their Mortgage?

By
Real Estate Agent with The Gasset Group & Get It Done For Me Virtual Services 13253167-SA00


Palm Beach County Short Sales- Is Pressure Mounting For Homeowners Who Don't Pay Their Mortgage? 


The biggest disconnect we believe in the short sale arena is the fact that the banks do not stop the foreclosure proceedings when you are trying to do a short sale. This creates so much stress on the homeowner, the buyer, the buyers' agents and the listing agent- always trying to get foreclosures postponed or slowed down. 

Most often, the best process to follow is to hire a qualified and reputable attorney who will defend against your foreclosure. 

We are seeing an increase of calls to collect payments, more aggressive conversations with homeowners and more negotiating being done with reps from the banks calling our sellers directly to offer deed in lieu(s)  while we are in the process of doing a short sale. 

Some sellers are surprised that they still get collection calls even after signing authorization forms giving us permission to talk to the lenders. 

Of course we tell our sellers that these calls will happen. We have some sellers who just don't answer their phone anymore when the bank calls but we also have other sellers who want to continue a dialogue. I don't believe they really understand the scope of what they are engaging in when they have the conversations. 

We have noticed an increase in the collection calls and an increase in trying to get the sellers to cancel their listings and do deed in lieu

Remember that a deed in lieu is a foreclosure without going to court. 

When you owe money to a bank and you do not pay your mortgage it is the bank's job to collect the money that you owe to them. You owe the money. So the bank is calling you to see what they can get out of you. When they start talking about how they are going to help you - keep in front of your mind- the bank is NOT there to help you. They are there to collect the payments you owe them. 

You have to stay the course. There will be by the banks to persuade you off your course, there will be good intending friends and family members who will tell you a different path to go down. But the choice is only up to you. Whatever your choices are, you need to understand what those are, choose your path and then stay your course. 




Don't Delay! Don't Wait Until The Sheriff Is Knocking On Your Door! Pick up your phone and call us to see if you can avoid foreclosure.

 

 

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Copyright © By Katerina Gasset 2010 * All Rights Reserved* Palm Beach County Short Sales- Is Pressure Mounting For Homeowners Who Don't Pay Their Mortgage?*







 

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In real estate we service Utah County, Salt Lake County, Wasatch County, Tooele County. This includes many towns and cities. Some of which are: Provo, Orem, Salt Lake City, Draper, Springville, Spanish Fork, Payson, Lehi, American Fork, Vineyard, Saratoga Springs, Eagle Mountain, Pleasant Grove, and more. 

Katerina Gasset is a real estate agent who is also a digital marketing strategist, website designer and consultant for real estate brokerages, agents, entrepreneurs and small business owners. She is also the owner of Get It Done For Me Virtual Services. 

Katerina is a Certified AI Marketing Specialist. She can help you with ChatGPT, Content at Scale, Neuronwriter, prompting, and many other AI tools. 

She develops products and online courses to empower real estate agents to reach their marketing, SEO, social media and branding goals. Katerina Gasset is a blogger, author, podcaster, and keynote speaker.  

Text Katerina with your name + number to work with her:

 561-502-1577 

 

 

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Comments(18)

Anonymous
Julia Huntsman

An important point for all borrowers to remember is that the bank has no fiduciary obligation to the borrower, the bank has a fiduciary obligation to its investors, and the investors are the ones they are most obliged to help, not the borrower.

Jun 04, 2010 11:05 AM
#1
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

You wrote:  "I don't believe they really understand the scope of what they are engaging in when they have the conversations"

The homeowner is so out-smarted, out-trained, out-witted, out-resourced by the banks, they simply don't have a clue what can happen to them if they continue to talk to the bank.

Jun 04, 2010 11:16 AM
William J. Archambault, Jr.
The Real Estate Investment Institute - Houston, TX

Katerina,

It's so simple, you borrow money you have to pay it back.

A deed in-lieu if it doesn't include the release of liability you're negotiating for in the short sale could be a costly mistake. A deed in-lieu after listing the property could obglate the sellers to a real estate commission!

"Most often, the best process to follow is to hire a qualified and reputable attorney who will defend against your foreclosure."  Is great advice, as far as it goes! It needs to be done before every thing else! Including defaulting!

Bill 

Jun 04, 2010 11:36 AM
Michael J. Gallo
Florida Luxury Realty - New Port Richey, FL
Florida Luxury Realty - Gulf Home Sales Team

Katerina, This is most valuable advice for Homeowners who are either current or not on their note payments.  I have also seen Homeowners who have the lender "working" on a Loan Modification find themselves in Lis Pendens.  Homeowners Should Always Consult a Realtor(R) and Attorney

Jun 04, 2010 02:27 PM
Jon Zolsky, Daytona Beach, FL
Daytona Condo Realty, 386-405-4408 - Daytona Beach, FL
Buy Daytona condos for heavenly good prices

Katerina,

I do not know how feasible is the advice to consult the attorney. Interestingly enough it is more often happening with strategic default, than with distressed situations.

With the latter there is often no money to spend on attorneys

Jun 04, 2010 04:33 PM
Katerina Gasset
The Gasset Group & Get It Done For Me Virtual Services - Provo, UT
Amplify Your Real Estate & Life Dreams!

Jon- Oh Jon- Contrare! Here in our market, 9 out of 10 homeowners do have an attorney for defense against the foreclosure. The sad part is many of the attorneys are skipping town with the retainers, etc. I have a post about what just happened to one of our clients! Horrible! 

For a fee of $1700 you can live in your home for anywhere from one year to three years without making a mortgage payment. With most people around here, their mortgage payments average $2800 to $5600 a month. So $1700 is easy. 

Jun 04, 2010 05:23 PM
Katerina Gasset
The Gasset Group & Get It Done For Me Virtual Services - Provo, UT
Amplify Your Real Estate & Life Dreams!

Bill- When the bank does a deed in lieu while we are in a listing agreement, the bank tells the homeowner they have to cancel their listing with us before they can do one. We have only had one client do a deed in lieu in the 15+ years we have been doing short sales. 

Jun 04, 2010 05:24 PM
Katerina Gasset
The Gasset Group & Get It Done For Me Virtual Services - Provo, UT
Amplify Your Real Estate & Life Dreams!

Julia- perfect words. You are right. For some reason the homeowners assume some sort of fiduciary from the banks, this is not the case. You are so right. 

Jun 04, 2010 05:25 PM
Katerina Gasset
The Gasset Group & Get It Done For Me Virtual Services - Provo, UT
Amplify Your Real Estate & Life Dreams!

Lenn- Tell me about it! We see their despicable tactics. Sometimes my warnings just fall on deaf ears. 

Jun 04, 2010 05:26 PM
Katerina Gasset
The Gasset Group & Get It Done For Me Virtual Services - Provo, UT
Amplify Your Real Estate & Life Dreams!

Mike- Oh, we get a lot of listings after the homeowner has tried loan mod and told NOT to make any payments by their lender only to find themselves denied on the loan mod and in foreclosure even though they wanted to make payments during the process! 

Jun 04, 2010 05:27 PM
Larry Bettag
Cherry Creek Mortgage Illinois Residential Mortgage License LMB #0005759 Cherry Creek Mortgage NMLS #: 3001 - Saint Charles, IL
Vice-President of National Production

I've seen a lot of this in my hometown area as well.  It's too bad that this situation exists.....

Jun 04, 2010 05:32 PM
Marie Haydock
Evergreen Global Homes & Land | RSVP Real Estate - Redmond, WA
Simplifying Real Estate

What does the attorney do in the defense against foreclosure in your state?  I'm assuming it's very different from negotiating the short sales, since your clients are doing both.  Is it a necessary step to delay foreclosure, or can listing the home for short sale be enough?

Jun 05, 2010 07:46 AM
Ruthmarie Hicks
Keller Williams NY Realty - 120 Bloomingdale Road #101, White Plains NY 10605 - White Plains, NY

Oh - MAN they skip town the the retainers - Why am I NOT surprised??? That's the sad part.

Jun 05, 2010 10:22 AM
William J. Archambault, Jr.
The Real Estate Investment Institute - Houston, TX

Katerina,

If they talk to the Bank about a deed in lieu and the bank tells them to first cancel your listing that's the start of negations. It doesn't cancel the protection clause! If it did every would be buyer would tell home owners to cancel your listing and I'll make an offer! Many people mistakenly think Board rules supersede contract law.

Come to think of it I've won in court when REALTORS have tried the same thing! But that's a long story.

Now you or your deciples are not going to add to the client's pain! But not all sellers use Gasset REALTORS.

Bill

Jun 05, 2010 01:44 PM
Katerina Gasset
The Gasset Group & Get It Done For Me Virtual Services - Provo, UT
Amplify Your Real Estate & Life Dreams!

Bill- Thanks! You are correct. 

Marie- We are a judicial state so it is much different than CA. Here once the lender files their lis pendens and the summons and complaint is served on the homeowners, then the homeowner has 20 calendar days to respond. We urge them all to respond because if you respond, you are exercising your judicial rights to your day in court. If they hire an attorney to do this for them, their attorney will file an answer and a counter complaint and will require evidences, interrogatories, producing the original note, etc. This will create a bottleneck in the opposing counsel's factory operations ( the foreclosure attorney for the lenders run these foreclosure mills here) so that usually will put off a date to be seen by the judge by months and even years. The reason is that they will handle all the cases that go uncontested first. If you get to a date and in front of a judge, our goal is to have an offer in your hand to show the judge that you do have an offer and need more time because the banks are so slow. Judges don't like banks right now and most often will look for any reason to legally allow the homeowner more time. 

There are cases here in FL where the homeowners were actually awarded their homes free and clear or seriously discount to punish the banks for violations of law. This is why the banksters lobbyists are working so hard here to get rid of our rights to a judicial process. Katerina 

Jun 05, 2010 04:17 PM
Marie Haydock
Evergreen Global Homes & Land | RSVP Real Estate - Redmond, WA
Simplifying Real Estate

Katerina, the system is so convoluted.  Short sales are an important tool, and in spirit, they exist to give home owners a chance to make financial ammends when personal financial situations get beyond their control, and it's a way to help their situation from getting worse.  However, in practice, it's not always eqitable, or fair, or logical.  Tough to get through, and so important to have the right advice and counsel when navigating that obstacle course.

Jun 06, 2010 05:20 AM
Yolanda Hoversten
Self Employed - O'Fallon, IL
Referrals for O’Fallon, IL & the Metro East

It's probably a good time to be an attorney.  Too bad I don't even play one on AR.  :)  Seriously, it's sad that some attorneys would skip town with the retainer.  That is so wrong.

Jun 07, 2010 05:42 PM
Katerina Gasset
The Gasset Group & Get It Done For Me Virtual Services - Provo, UT
Amplify Your Real Estate & Life Dreams!

Ruthmarie: I should write some posts about some of the great first hand experiences we have had with attorneys that rip their clients off. But I don't want to offend the good ones. We have attorneys who hire us to do their own personal short sales on their homes. And we do have 2 really good ones here. 

Jun 07, 2010 06:33 PM