If are just going this series, following what happened to one of my Buyers when he entered into a Contract with an Undisclosed Short Sale Flip, here are the links to the previous posts to get you up to speed.
Short Sale Flip Volume 1: The Snowstorm
Short Sale Flip Volume 2: The First Red Flag
Short Sale Flip Volume 3: The Google Search
Short Sale Flip Volume 4: Speaking with the Authorities
Short Sale Flip Volume 5: The Settlement Table
This is the post mortum to the whole blasted thing.
POST MORTUM
I was so furious after this failed transaction that I couldn't see straight. Who did these Listing Agents, Settlement Agents and Investors think they were? To think that Vince could have signed those papers and bought the house makes me sick.
Vince, on the other hand, was so depressed that nothing looked good right after Lorraine's failed sale. It was a great house, but being sold by a bunch of crooks. He found a great house in May, and settled in June. I was thrilled to see those Sellers were honest, hardworking folks who even fixed a dishwasher motor without being asked because they felt it was too loud. Vince deserved that kind of transaction after this nonsense.
About one week after our failed Settlement, I took it upon myself to place a call to the bank holding the $380,000 mortgage on Mehdi's/Lorraine's property. When I explained the reason for my call and asked the fraud department if they would be interested in hearing about an Undisclosed Short Sale Flip where they would have been defrauded out of $45,000 in one day, they jumped on it. They wanted the contract and all the paperwork I had. I gladly sent it all over.
The contact at the bank told me that, just like Walter the FBI agent had suspected, it's not uncommon in these schemes for someone like Lorraine to have a contact on the inside of the bank that is going against the fiduciary duty to the investor backing the loan, and getting a Short Sale approved through faulty BPOs and so forth. The fact that it could go that deep made me feel ill.
Our transaction blew up on April 3rd and despite Lorraine's attempt to get Vince back on board in the week following, the home went back on the market as a "regular sale" with the remarks reading, "Quick settlement possible." It went under contract almost immediately. However, there it has stayed, I can only imagine, because the FBI and the internal fraud division of the bank are not approving a Short Sale on it. It's been five months. That's not what I call a quick settlement.
So there is Lorraine with her amped up "I'm a millionaire because I'm a saavy investor" attitude, unable to close this transaction. I imagine she is beating her head against the wall trying to figure out why.
Vince, who'd had an addendum that enttiled him to reimbursement for his appraisal and home inspection by Lorraine if the property didn't go to Settlement, has yet to collect. Should we be surprised?
I go back and forth between being at, and feeling sorry for Jane, the Listing Agent. In the moments where I'm mad, I feel she knew what was happening all along. In the moments I feel bad for her, I imagine she had no clue what was happening around her. Then again, as Greg said, "Ignorance of the facts is not a defense when you are involved in fraud."
Be on the look out for these transactions in your market. While you may not have the Wet Settlement implications Virginia does, the fraudulently issued title insurance policies can backfire on your buyers in a heartbeat.

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