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A Tragic Journey from a Short Sale to Foreclosure.

By
Real Estate Agent with Berkshire Hathaway HomeServices California Properties 01238708

I was involved in a Tragic Journey from a Short Sale to Foreclosure. I represented the buyer and another agent represented the seller. The seller had an Attorney, who had a successful track record of negotiating short sales.

www.endrebarath.com

The history:  We have written at least eight or ten FHA Offers, without getting any accepted.  We lost out to Conventional Loan buyers, Cash Buyers and buyers who had large down payments. Finally May 2009 we received the "good news"...." Congratulations your offer was accepted".  Then the journey began.

We continued searching, writing offers with no results. The communications between agents, principals were way too many to mention here. They all started with "any news?" and all ended with "just be patient".

www.endrebarath.com

Fast forward to Friday the Thirteenth, August 2010. Another one of those questions from the buyer. The Seller's Agent broke the news "... I was about to call you..."

How did this happen?  The Sellers accepted the offer, the paperwork submitted at least four to five times during a period of nine months. Then a Short Sale Negotiator assigned from the Lender, attorney back and forth communication and the Result: the lender wanted $20,000.00 from the seller. The lender would not accept $10,000.00 from seller and $10,000.00 from buyer. They wanted it all from the seller.

May 2010 Foreclosure postponed, June 2010 Foreclosure postponed again.  End of July the sellers go away for a few days. They return home, the locks have been changed, their belonging rummaged thru....

Who is the winner here?  No one wins; all are tragically in the short end of this transaction. The sellers have no home, they have their credit ruined. The buyers waited a year and a half, now are totally devastated and will rent until the wounds will heal.

 The lenders have to spend money for upkeep, security, electricity, water, taxes, insurance, vandalism etc.  The cost around $2000.00 per month and ironically it takes about three to four months to sell a home. Once in Escrow another month to two months before the buyer receives the keys and the financial loss to the bank:  approximately $10,000.00.

The agents worked for free for about a year and a half. Tell me what you think of this turn of events on an unhappy story. Do we need to overhaul how decisions are made? What do we need to prevent this from happening again?

www.endrebarath.com

Looking back to this post eight years later, I am so glad these types of stories are behind us. Clearly the banks have changed how they operate. People who do not have jobs or lost their jobs can not get a loan. There is a representative of the lending institution that actually checks out before they fund if the buyer is still working. Might sound harsh but I am all for it. I did not buy a home when I knew I could not make the payments and I did not want to put myself in a difficult situation

 

www.endrebarath.com

 

If you are looking for a focused and goal-oriented Realtor in the Beverly Hills area who will help you achieve your Real Estate goals, please reach out to me directly!

If you are looking for a pet friendly Beverly Hills Realtor who can handle and sell the most difficult properties that no one else could, please reach out to me directly!! If you are considering buying or selling a home, a luxury home, luxury investment real estate, luxury vacation homes, or luxury beach properties in Southern California, Los Angeles, Century City, Westwood, West Hollywood, Beverly Hills, Marina Del Rey, Venice or Malibu, feel free to contact me at 310.486.1002 (m) or homes@endrebarath.com or visit one of my websites at http://www.endrebarath.com  I contribute a portion of my commission to local animal rescue organizations.

 

 

Comments(119)

Carrie Sampron
Home Smart Realty Group - Highlands Ranch, CO
ABR SFR & Kathy Sampron (303) 931-3629 Highlands R

Endre:  These stories always leave me feeling so bad for all sides in these transactions.

Aug 16, 2010 11:29 AM
Anonymous
Lee Toutounchian
I agree and feel thatb hese lenders may now be getting money back On their losses through a Foreclosure and not a short sale!! I just closed a short sale after 2.5 years... Suntrust is the worse of the worse...Amazing maze that they put me through..All I can say is that short sales require consistency and patience as well as knowledge of what to say and do when Dealing with them! Good Luck Everyone!!
Aug 16, 2010 12:19 PM
#101
Melissa Zavala
Broadpoint Properties - Escondido, CA
Broker, Escondido Real Estate, San Diego County

That is just no good. I have 27 short sales on the chopping block this month; as of today, all are still short sales. Who knows what tomorrow will hold?

Aug 16, 2010 01:20 PM
Elea Zebersky
J. Carroll Molloy, Realtor - Doylestown, PA

The consensus of opinion here really speaks volumes as to the banks superficial attempt to make sellers and their agents believe they will sell for less than what is owed.  What about all the money they've already collected as interest on these loans, that doesn't count does it?  I feel the larger the bank involved the less likely sellers and agents can really get anywhere with closing a transaction.  God forbid the property in question needs a tremendous amount of work, these banks don't even consider that aspect when turning down offers on these loans .  They seem to go by BPO's which don't accurately reflect the interior of a property.

Aug 17, 2010 12:29 AM
Lyn Sims
Schaumburg, IL
Real Estate Broker Retired

Endre, you did everything right & it still ended all wrong.  Watch the house for the buyers if they are still interested for the next 6 months or so.  Connections (mentioned above) don't matter a hoot. That's just a nonsense promo for your company. The banks are just insane & that's it.  You didn't mention numbers but if the numbers were OK & seemed logical, what's the reason then?

Aug 17, 2010 04:38 AM
Maureen McCabe
HER Realtors - Columbus, OH
Columbus Ohio Real Estate

I have to agree with Lyn... Endre did everything right... it is not a post about failure by agents involved in the transaction to pull it off.   I am enjoying the comment thread, there are some interesting insights.

"the rerason we are successful is we do have the connections"

Another attempt to drum up business at the funeral for a friend (to me the post is about the tragic end of a transaction, dashed hopes.) Art Martin who's got connections comments a lot on Broker Bryants posts about short sales. Endre must not allow non member comments?  Art Martin had to join to post the plug in the comments here... ?  

"This is the exact rerason why you need a qualified short sale negotiator"

Endre was the buyers agent but I guess the commenter  does not get that... Or do buyers agents in short sales hire people with connections too?   I thought that the short sale people worked on the sellers side? 

The attorney who the LISTING agent did NOT have connections?  Endre wrote "The seller had an Attorney, who had a successful track record of negotiating short sales."

Aug 17, 2010 04:55 AM
Yvonne Jaramillo Ahearn, Esq. (B)
Hawaii Life Real Estate Brokers - Kailua, HI
REALTOR-Broker, CRS, GRI, ABR CLHMS

Endre, so sorry that your story ended that way for the Buyers and the Sellers. I have been living almost the same scenario as the listing agent for a Bank of America short sale transaction since November of 2009. Just a day prior to "last and final" foreclosure date, I finally emailed the CEO of Bank of America brian.t.moynihan@bankofamerica.com and the foreclosure attorneys directly and told the whole story of how negligently/inefficiently/nonsensically my short sale was handled by his employees over a 9 month period. As a result, I was assigned a liason from the CEOs office, the foreclosure file was closed completely, and the short sale is being processed by a special escalation team short sale negotiator. I am hopeful, but it is not over yet.

For some of these short sales, this may be the only way to save the homeowner from foreclosure and get the sale processed. I am writing this here and posting his email on your blog, not to toot my own horn, but only so more people might see it, than would see it on my blog which does not have a lot of readers. I think the CEOs of all the Banks should get more letters like this so he can see what is really going on in the day-to-day lives of agents like us, and the homeowners that pay their salaries. Maybe if their offices get jammed with more complaints, they will figure out a more reasonable and effectiveway to process short sales and fewer homes will be foreclosed upon. I also don't think we should have to work for free. ~ Aloha

Aug 17, 2010 09:39 AM
Victor Zuniga
Berkshire Hathaway Home Services California Properties - San Diego, CA

Endre, it sounds like no one won in this situation. Statistics show that it costs a bank around 18% to short sell a home compared to 34% to foreclose. I guess this type of thinking by financial institutions isn't going to change even after all that has happened.

Aug 18, 2010 08:09 AM
John Juarez
The Medford Real Estate Team - Fremont, CA
ePRO, SRES, GRI, PMN

In the Wild World of Short Sales new rules are made on a daily basis only to be contravened the next day by more new rules. We are all wandering in the wildereness when it comes to short sales. We try what we think will work until it does not work. But...then it worked before and it will work again...it just did not work that time.

There still exist many grey areas in short sales. By the time all of the rules are formalized, they will be a vanishing breed.

Aug 18, 2010 12:30 PM
Liane Thomas, Top Listing Agent
Professional Realty Services® - Corona, CA
Bringing you Home!

This has happened to me to. Buyer was so disappointed, didn't understand it wasn't my fault.

Aug 19, 2010 01:10 PM
Jon Zolsky, Daytona Beach, FL
Daytona Condo Realty, 386-405-4408 - Daytona Beach, FL
Buy Daytona condos for heavenly good prices

Endre,

That scares me... We so far did not have the problem with second refusing that the buyer pays for the Seller.

I am trying to understand the logic behind and I can't. It is about money, not punishment, so why would they object?

And what if the Buyer just gives the Seller $10,000 and he puts it on the table, is it fraud? Vengeance by the Lender is OK, and trying the transaction to close to mutual benefit of all the parties is a problem?

Tough

Aug 21, 2010 06:09 AM
Kate Bourland
Marketing with Kate - Redding, CA
Onlilne Marketing Mobile Marketing

What a broken system we have.  I believe that the banks will have about 80% of their "loss" covered by the Government..    Our financial system has to be changed.  The people that works at the banks have sipped too much of the kool-aide.   When does common sense kick in.  How does the underwriter or person at the bank who made this call look at themselves in the mirror?

Aug 21, 2010 08:32 AM
Jim Frimmer
HomeSmart Realty West - San Diego, CA
Realtor & CDPE, Mission Valley specialist

I went through something similar. I was representing the buyer. Bank of America had the property. First Bank of America said they didn't have all the papers, even though I had signed documents stating that they did. Then they said that they needed updated documents. Then the person who was working with us at Bank of America quit. That resulted in us having to do everything again. Finally we get a negotiator, but as soon as we did, he took off on a 30-day vacation. Finally, 11 months later, all the ducks decided to line up in a row. Except one. The day before we got final approvaly, my client had lost her job.

Aug 21, 2010 03:36 PM
Debe Maxwell, CRS
Savvy + Company (704) 491-3310 - Charlotte, NC
The RIGHT CHARLOTTE REALTOR!

Hi Endre,

I saw this post just after you wrote it and didn't comment but, KNEW it was going to be a feature!  It's happening more and more these days and is just SO unnecessary.  I've had this happen with two--actually, they just pulled the plug with an Offer BETTER than what either of them sold for AND after the costs of foreclosure were absorbed by the bank.  Forget the win-win in these situations; what the investors don't realize in these situations is that EVERYONE loses.  Lose-lose doesn't seem appealing to ANYone--why do they continue to practice business in this manner?

Aug 26, 2010 11:12 AM
Lori Lincoln And Associates
Top Agent Serving Dighton Taunton, Rehoboth and more! - Taunton, MA
Top Agent Taunton,Dighton Rehoboth &more

Endre,

Such a sad story. Banks are suppose to work with the sellers, but I haven't seen a change in the way they are handling short sales. My last was 2 years on the market, 10 offers, and the one they accepted was about 100k lower than the first!  No expediting here in Massachusetts either. by the way, got a call from one of my short sale clients. We closed February 2010. The bank sent them a deficiency bill for $52,000 it was a second mortgage from the same bank, but just before the closing the loan was sold! I find this disheartening.

Aug 26, 2010 03:07 PM
Silvia Dukes PA, Broker Associate, CRS, CIPS, SRES
Tropic Shores Realty - Ich spreche Deutsch! - Spring Hill, FL
Florida Waterfront and Country Club Living

Endre, sad story, great post.  Something similar happened to one of my short sale listings as well.  Makes you wonder, what are they thinking?

Aug 31, 2010 02:01 AM
Maureen McCabe
HER Realtors - Columbus, OH
Columbus Ohio Real Estate

bet your blog is going to get hit by spam... #118 and a comment from "Veruca" on your James Hook & Co. post are two I see... that are precursors to spam.  I don't understand the spam ... but I would bet money you will see some nonsense comments soon.  Jobeth's and Veruca's comments are closer to not nonsense than what follows.  

Sep 08, 2011 02:13 AM
Endre Barath, Jr.
Berkshire Hathaway HomeServices California Properties - Beverly Hills, CA
Realtor - Los Angeles Home Sales 310.486.1002

Maureen I was out all day last minute "real estate" & "kitty" emergency....anyway you were right I see AR has deleted #118 without me even asking. There were about 7 or 8 in other blog post of mine. Thank you for being on top.

Sep 08, 2011 01:10 PM
Maureen McCabe
HER Realtors - Columbus, OH
Columbus Ohio Real Estate

I thought #122 would not happen if #118 and # 120 were removed almost 12 hours earlier.

Have you noticed the really long clothing spam comments on Members Only Posts? 

Sep 09, 2011 12:50 AM
Endre Barath, Jr.
Berkshire Hathaway HomeServices California Properties - Beverly Hills, CA
Realtor - Los Angeles Home Sales 310.486.1002

Maureen, I was slammed with spam at least 25 or more on some of my posts and after the first round got a second round as well. I reported each one to AR have not heard back one way or another. I am sure they are working on it.

Sep 09, 2011 08:00 AM