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Pride And The Hole From The Bagel

By
Real Estate Broker/Owner with Daytona Condo Realty, 386-405-4408

Doing short sales of condo units has its own nuances. Our short sale was not supposed to be a out of the ordinary. But it came with a twist…

We work with a buyer, so the ball is not in our court. Checking properties going for foreclosure auction, we notice that this unit is going into foreclosure. And it is not the Lender; it is the association that forecloses on the unit. Not being paid in years, they just got frustrated and decided to take action.

We are calling the listing agent. Of course the agent has no clue about foreclosure. We are happy that we caught it on time, and there is time to take care of the problem.

Checking with the agent. He tells us that nothing can be done, period. The attorney for the association advises them to go ahead with foreclosure even though they know about the short sale in progress. At this wonderful moment I get into the Hospital with a heart attack, and I am out of the picture. My assistant turns to the attorney we work with locally, and checks with them.

The attorney places the call to the Association, then to the association‘s big shot out-of-town attorney, but yes, they insist on foreclosing the unit. My assistant calls the Listing agent and explains that we can involve our attorney in the case and try to resolve the issue but then he would have to agree that our attorney does the closing, as otherwise we need to pay legal fees.

By this time I am back from the Hospital, but still lightheaded and easily confused. I am asking my assistant how the things with this deal are, and he tells me that we could not do anything.

The agent said that in Florida the Seller pays Title Insurance and chooses the Title Company, and they will be closing with their Title Company. Yeah, we know that. I called the attorney. Could something be done when everyone is against? I know that the answer is yes, as we have done it twice already. We start discussing the details, and then I am told that it is too late, the auction is 7 minutes away… Should I get out of the Hospital a day earlier, we would have most probably stopped the foreclosure sale.

The association forecloses. Now they are the owners. Of course, subject to the lender in the first position. Which is in itself a very interesting scenario, but this is a topic for another blog…

The listing agent was right. The Seller pays the Title Insurance and has the right to choose the Title Company. However, in the short sale situation the party actually paying for the Title Insurance is the Lender, not the Seller, and the Seller could not care less who does what for as long as they avoid the foreclosure.

But when agency ambitions come to play, then who cares that the Seller loses the property to foreclosure? Who cares that there was a chance to salvage the deal but pride took precedence? 

Yes, you have the right to choose, but can you close? It was an ambitious but wrong choice…

What can the listing agent do now? He was representing the Seller, but now the owner is the Association. We have the Buyer, what does he have? The hole from the bagel?

Jeffrey DiMuria 321.223.6253 Waves Realty
Waves Realty - Melbourne, FL
Florida Space Coast Homes

Jon I have seen many instances where pride got in the way of making a deal happen...what a sad situation.

Mar 03, 2011 04:26 PM
Praful Thakkar
LAER Realty Partners - Burlington, MA
Metro Boston Homes For Sale

I always assumed that short sales are difficult - and your story assures that. I feel bad for the buyers. You did your best even when you were hospitalized - not sure what LA was doing when something was cooking...

 

Mar 03, 2011 04:31 PM
John Michailidis
Real Property Management of Sarasota & Manatee - Sarasota, FL
Real Property Management of Sarasota & M

Good blog post. Thank you for sharing it with us!

Mar 03, 2011 04:38 PM
Kirsten Lindquist
Pacific Union International - Sonoma, CA
Realtor - Sonoma Wine Country

Jon:  I'm so glad that you were able to get to the hospital and be treated and that you are recovering after your heart attack.   How frightening!  I so enjoy your posts.  Have been away on vacation---in Nicaragua---so I missed reading about what happened to you.  Get well...fast!

Mar 03, 2011 05:55 PM
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

Jon, hope you are feeling better.  Here in Martin County, in some situations the buyer will pay for title in a short sale situation.  Nothing is etched in stone!

Mar 03, 2011 10:33 PM
Andrea Swiedler
Berkshire Hathaway HomeServices New England Properties - New Milford, CT
Realtor, Southern Litchfield County CT

Jon, being left with only the hole from the bagel is really not a good position to be in, unless of course you are on a diet.... a money diet....

Mar 03, 2011 10:46 PM
Bob Jakowinicz
National Realty Centers Livonia--Bob Jakowinicz - Livonia, MI
Michigan Real Estate Agent-- MI Real Adventures

I can't wait till these are about non existent again, just don't know how long that will be.

Mar 04, 2011 03:45 AM
Gary Woltal
Keller Williams Realty - Flower Mound, TX
Assoc. Broker Realtor SFR Dallas Ft. Worth

Jon, I too hope you are feeling better these days, and with these Association ownership of units, from what you describe, what a mess!!

Mar 04, 2011 04:57 AM
Jon Zolsky, Daytona Beach, FL
Daytona Condo Realty, 386-405-4408 - Daytona Beach, FL
Buy Daytona condos for heavenly good prices

There is an interesting twist to this story. The Listing agent did not see a problem with the Association taking over.

he thought he would keep working on the deal (the Seller, who lost to foreclosure, still has the mortgage, so he assumed that the Seller will be still in the picture.

Guess what. The Seller finds out about the foreclosure, and that they are no longer the owners, and said they would file for bankruptcy now.

Second, he had the BPO scheduled, but the Association did not alolow the agent to enter the unit to do BPO.

Yeah, now you have to get the Board to decide on every move, and the Board first would ask their out-of-town attorney.

A nightmare

Mar 04, 2011 08:33 AM
William Feela
WHISPERING PINES REALTY - North Branch, MN
Realtor, Whispering Pines Realty 651-674-5999 No.

These deals will drive one to drink.

Hope you are feeling better.  You need to cut out the stress.  Yea, I know, like that is going to happen.

Mar 04, 2011 09:57 AM
Anna Dovger
Add Value Home Staging LLC, 281-704-6607 - The Woodlands, TX
Home Staging -The Woodlands, TX

Jon, heart attack? that's scary. Are OK now?

Mar 10, 2011 01:11 AM
Jon Zolsky, Daytona Beach, FL
Daytona Condo Realty, 386-405-4408 - Daytona Beach, FL
Buy Daytona condos for heavenly good prices

Anna - things happen. I am OK now, fighting with sugar, following a very strict diet. Should be fine

Thanks for asking

Mar 10, 2011 04:01 PM