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Want to Experience Pain from a Dentist? Naaaa, Just Try and Get a Mortgage Satisfaction Instead!

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Services for Real Estate Pros with Lang Realty

Want to Experience Pain from a Dentist?  Naaaa, Just Try and Get a Mortgage Satisfaction Instead!

Question 1

Been to the Dentist lately?  If you have, you probably know that the new and improved way of cleaning your teeth is to perform a "deep root cleaning".  This type of dental work is best performed after taking a mild sedative, topical antibiotic and Motrin.  That, hopefully will do the trick.

Question 2

Have you had a short sale close lately?  This type of real estate closing is best performed after taking lots of Zanex and "patience" pills (please know I am not advocating the use of medication in any way whatsoever).  Though, in the end the short sale usually closes.  Why, however, is the pain endured from a short sale transaction worse than the pain endured by the dentist?  Because the pain and aggravation from a short sale often times does not stop once the transaction closes.  The pain after the deep root clean uses ceases once you leave the Dentist office.  

"Show of hands" ---- how many of you have had a short sale close in the past few months?

"Show of hands again" ---- how many of you have had a short sale close in the past few months and the Seller has received the Satisfaction of Mortgage within your State's statutory period of time?  My estimate, via my Title Insurance Company, is that no less than 20% of the time a lender completely disregards our State's (Florida) Statutory requirement relating to Recordation of Mortgage Satisfactions.  And yes, the payoff letter stipulates the loan shall be satisfied once funds are received from the Short Sale closing.

Not only does this complicate matters for the Seller, but is also is a terrible inconvenience for the Buyer.

Now for the really terrible part -- When you call the lender, they refuse to issue the Satisfaction or make it so difficult that countless hours are being put into a transaction which has already closed.  

Are lenders doing this to be spiteful?  Do they think they'll get the upper hand of the Seller at a later time?  Do they believe that they can make a title claim later?  Who knows what the reasoning is; the fact of the matter is that they are blatantly breaking the law and it's effecting consumers.  

It's time for our elected officials to jump in and intervene before the problem becomes dramatically worse. 

 

Posted by


Rick Schuster

Licensed Real Estate Broker - Jaycee Realty, Inc.
Licensed Title Insurance Agent - Home Guardian Title, Inc.
Licensed Mortgage Broker - Leading Edge Mortgage Corp

2101 NW Corporate Blvd, Ste 211
Boca Raton, FL 33431

561-206-2835 - via Google Voice
561-988-2546 -Fax
       

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Comments(23)

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Rick Schuster
Lang Realty - Boca Raton, FL
List with Rick, Sell it Quick!

Hi Mike:  Thanks for the clarification.  

Jun 17, 2010 08:36 AM
Joe Pryor
The Virtual Real Estate Team - Oklahoma City, OK
REALTOR® - Oklahoma Investment Properties

Just got an approval from Bank of America for a short sale two weeks after we submitted the packet and closing by July 30th. First, it is getting better, and second if you know what you are doing, can submit a complete packet wihich implies you know what a complete packet consist of, and understand the Equator system then all systems are go. 

Jun 17, 2010 09:44 AM
Michele Miller ~ REALTOR®, LMC, HSE, CHS, SRES, CMRS
ERA Key Realty~Worcester County Realty Group - Worcester, MA
'Helping You Make the Best Move"

Great article Rick! I think I'd rather go to the dentist!

Jun 17, 2010 10:15 AM
Neal Bloom
Brokered by eXp Realty LLC - Weston, FL
Realtor CRS-Weston FL Real Estate

I think of it as a very painful abscess that has to be drained...and most of them get really messy puss balls!

Jun 17, 2010 10:27 AM
Cindy Jones
Integrity Real Estate Group - Woodbridge, VA
Pentagon, Fort Belvoir & Quantico Real Estate News

Funny you should put the dentist and the short sale in the same post this week.  Monday I had the ultimate dental experience and will be recovering for weeks if not months.   However my short sale that closed last month has received the appropriate release of lien from their mortgage company.  Go figure maybe we fell into the 20% margin that gets it right.  Now about the dentist....

Jun 17, 2010 12:19 PM
Rick Schuster
Lang Realty - Boca Raton, FL
List with Rick, Sell it Quick!

(Comment 5) 

Joe:  I have noticed that the B of A short sales are more streamlined if the transaction fits within the normal parameters of the Equator system.  Kudos to Matthew Vernon from Bank of America for pushing the automated process.  I have heard that Wells is beginning to use Equator as well ... have you heard this too?

Jun 17, 2010 01:31 PM
Rick Schuster
Lang Realty - Boca Raton, FL
List with Rick, Sell it Quick!

(Comment 6)

Thanks Michele.

Jun 17, 2010 01:32 PM
Rick Schuster
Lang Realty - Boca Raton, FL
List with Rick, Sell it Quick!

(Comment 8)

Cindy:  Sorry to hear about your experience at the Dentist ... but, I'm glad to hear that your short sale went well!!

Jun 17, 2010 01:33 PM
Lorraine or Loretta Kratz
Crescent Moon Realty, Inc. & Land N Sea Auctions. - San Marcos, CA
Certified Negotiation Consultants

Or have you had a seller decide at the last minute that the short sale was not to their liking & they decide not to sell?

Jun 17, 2010 03:14 PM
Al Raymondi
Ocean View Realty Group in Ormond By The Sea Florida - Ormond Beach, FL
Ormond By The Sea Florida - Home and Condo Sales

Good post Rick.  I hope you have forwarded your documentation of the problem to the proper authorities and/or your Congressman or Senator and/or the local TV news.

Jun 17, 2010 03:27 PM
Sharon Alters
ONE Sotheby's International Realty 904-673-2308 - Jacksonville, FL
Realtor - Homes for Sale Fleming Island FL

Rick, we have not had that experience as far as we know. We don't check public records to see if the Mortgage Satisfaction was recorded. Just curious, why would you know about it? Do the Buyers call you? Do you make it a practice to be sure it is recorded? I would think that would be the title company's bailiwick.

Jun 17, 2010 04:49 PM
Rick Schuster
Lang Realty - Boca Raton, FL
List with Rick, Sell it Quick!

(Comment 15)

Hi Sharon:  I own a Title Company as well as a Real Estate Brokerage.  You are correct, the responsibility lies with the title company to insure that the Satifications/Releases are handled properly.

Jun 18, 2010 01:16 AM
Erik Elsea
Erik Elsea-Jones & Co. Realty - Fort Myers, FL

The Florida Attorney General should look into this and hold those responsible to be accountable.

Jun 18, 2010 01:20 AM
Thomas McCombs
Century 21 HomeStar - Akron, OH

In most states there is a statutory remedy if the satisfaction is not provided (not necessarily recorded) by the lienholder on a timely basis. It may involve a court action, but all costs should be awarded back to you.

Aug 05, 2010 01:22 AM
Michele Norris
Crystal Realty - Incline Village Nevada - Incline Village, NV
((( Buy or Sell, Call Michele ))) Lake Tahoe NV

Hi Rick,

Interesting discussion!

Apr 18, 2011 01:05 PM
Rob Kittle
Kittle Real Estate - Fort Collins, CO
"We Specialize, You Benefit!" -Kittle Real Estate

The new way of cleaning our teeth, sounds painful that i am not really sure i want to deal with.. But short sale? It is an every day meal for me and i know it is hard to close a listing on a short sale status but with patience and dedication, short sale will be rewarding to your buyer and also to the agent.

Jun 14, 2011 12:25 PM
Kimberley Kelly, SFR, HAFA, GREEN
HK Lane, Christie's International Affiliate, 760-285-3578 - La Quinta, CA
I do Real Estate like I played polo-to WIN!

Doing Short Sales here in the Palm Springs area of California, it is always interesting to read about settlement procedures in non-release states such as Florida.  We have an anti-deficiency law here and it SHOULD help speed up the process of receiving approval letters.  It does many times, but believe me, if the Lenders want to drag their darned Lender feet, they will!

I feel your pain..both in the dentist's chair and in the Short Sale Agent chair...

Jun 20, 2011 02:10 AM
Kim & Kristine Halverson
Cascade Hasson Sotheby's - Bend, OR
Sisters, Realtors

What finish a short sale and then have to spend time on the Mortgage Satisfaction. Yikes!  It seemed to be an after thought for lenders in 2010.  That's why a short sale specialist is needed. Kristine

Feb 15, 2012 08:50 AM
Rick Schuster
Lang Realty - Boca Raton, FL
List with Rick, Sell it Quick!

Kristine: Thanks for the comment.  Unfortunately, it has not gotten any better since my post in June 2010.  

Feb 16, 2012 03:51 AM
Jim McNinch
Trademark Loss Mitigation - Spring, TX
Short Sale Specialist, Texas

HAFA short sales, love 'em or leave 'em, is probably the surest way to get a non-deficiency clause.

Apr 07, 2012 10:38 PM