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Why Short Sales Take So Long... The REAL Reason.

By
Mortgage and Lending with RPM Mortgage

Why a “short” sale is never… uh, short.

Most folks these days know what a Short Sale is, but here’s a quick review:  A short sale is the sale of a home where the sales price being offered by the new buyer is less than the amount owed on the property by the current home owner.  The lender being “shorted”, or getting paid less than they are owed, has to agree with the terms of the new buyer and the purchase price being offered.  For more information, check out Mortgage News Daily’s explanation here: What is a Short Sale and how do they work?

Easy-peasy, lemon-squeezy, right?  WRONG.

Anyone who has ever been involved in a short sale, regardless of whether they were the buyer or seller, can tell you that there is nothing easy, quick, or short, about a short sale.  A typical short sale will probably last between 3-6 months (after a new buyer has made an offer) and there have been cases where the transaction lasted close to two years.  No, that is not a typo.  Two years.

Most people don’t understand the biggest question related to the long length of a short sale, which is: why does it take so cotton-pickin’ long?!  There are many different reasons why a particular short sale would take extraordinarily long.  Some examples include the amount of sales transactions an individual bank negotiator might have in their pipeline at any given time.  I’ve heard the stack can be several hundred at a time.  It could take days, if not weeks, for this person to get to the file.  Another reason is the amount of documentation required (er, requested) by the lender.  It could take another couple of weeks sending emails and overnight packages back and forth before the bank accepts (not yet even approved) the new submitted offer initially, simply because the “package” isn’t how they want it to be.

The reasons above are the obvious examples of why a short sale takes so long, and quite frankly the perception is that these reasons are the dominant factors.  There is another cause, though, that is actually more important and “eye-opening” than any other reason listed here, and one that most people never even consider, or are even aware exists.  It is, in fact, THE most important reason for the delay of a short sale.

For the explanation, I’m going to use Bank of America as the example, primarily because these statistics are actually their numbers.  (These statistics were shared by a B of A negotiator several weeks ago in a forum of Realtors and Mortgage Advisors)  Of the millions of home loans that Bank of America services, it was reported that only 15% of them are actually “held” by Bank of America.  The other 85% are sold on the Mortgage-Backed Security (MBS) Secondary market.  The secondary market allows Bank of America to replenish the cash reserves so they can originate more mortgages to more consumers.  The 85% of “sold” loans are comprised of approximately 500 investors on Wall Street.  Of these 500, only about 50 are the big public banks and thrift institutions.  The other 450 are private investors and hedge funds.

Confused yet?   Now, let’s go back to the beginning of a short sale transaction.  After the buyer’s offer has been successfully submitted to the bank for “approval”, the bank negotiator has to then turn around and hand it to the entity holding the note.  So, in Bank of America’s case, only 15% of the time can they keep this negotiation “in house”, and get an answer quickly.  85% of the time they have to go “outside” the institution to get the approval from the investor holding the Note.

Once the offer has been taken “outside” Bank of America for approval, the negotiator now has to deal with this third party investor and convince them that the offer on the table is the best they’re going to get, and to validate the value of the property (and the offer) to the investor.  Now, for those investors with hundreds of millions or even billions of dollars under management, having to lose some cash on a short sale is not a big deal, or at least it’s an acceptable loss under the circumstances.

BUT, what happens if the investor is NOT a big bank?  What if the investor is a smaller entity?  For example, picture this scenario: back in 2005, the Hillside Unified School District Pension fund (made up school district for our illustration) decided to invest in the MBS market, sold on the great returns that the MBS market was achieving as home values continued to skyrocket.  The HUSD Pension fund took $2 million of the cash and invested into the market.  Now, fast forward to March of 2011, where home values have dropped by as much as 50% or more nationwide.  And now, you have a homeowner needing to sell their home “short”, say, $200,000 less than the mortgage owed.  The nice polite bank negotiator from Bank of America now has the lovely job of trying to convince the HUSD Pension fund that they are going to have to accept a big loss on their investment.  What do you think the HUSD Pension fund says to the negotiator?  NO.  That’s right, the retirees of the HUSD don’t want to agree to losing $200,000 (just on this one deal), and so they decline the first offer they get, hoping to get more.  The negotiator then comes back to the listing agent with the official decline, telling them to up their offer.  The listing agent turns around and tells the buyer’s agent, etc.  The buyer, of course, says, “but the comparables in the neighborhood don’t support anything higher…” and may decide to walk away.  OR, even if the buyer is willing to up their purchase price, the appraisal probably won’t support the new, revised offer, and the run-around starts all over between buyer, buyer’s agent, seller’s agent, bank negotiator, and investor.  Ugh.

While this little scenario doesn’t relieve the utter anguish involved in today’s new short sale process, I hope it certainly explains the WHY a little better.

Here’s to hoping your next short sale is indeed, uh, short.

Your mortgage advisor for life,

Todd 

Lori Bowers
La Quinta, CA
The Lori Bowers Group

I am sick of hearing people make excuses for Bank Robbers of America aka Bank of America

Mar 10, 2011 09:29 AM
Todd Galde
RPM Mortgage - Danville, CA

Lori, I couldn't agree with you more!  I think most people would agree that the banks are at the center of our financial meltdown.  My hope is that this post simply empowers you and other agents to educate your clients more effectively.

Todd

Mar 10, 2011 09:37 AM
Doug Anderson
Tucker Associates Real Estate Services - Danville, CA
Bay Area Real Estate Views

Todd - This is an excellent explanation of the road blocks that are present in the short sale market. BofA recently announced they were splitting their servicing division in two with the Legacy Divison handling a lot of the CW inherited loans. There are currently 2 Million Mortgages they will be dealing with that are more than 60 days past due. Hopefully as the year goes on things get easier but there are many challenges ahead.

Mar 10, 2011 02:46 PM
Todd Galde
RPM Mortgage - Danville, CA

Thank you, Doug!  We are definitely not out of the woods yet...

Mar 11, 2011 06:07 AM
Anonymous
Anonymous

Well sometimes i dont know what to think of short sales. They are getting better and then they are not!

Aug 09, 2011 06:56 AM
#5
Paul Gapski
Berkshire Hathaway / Prudential Ca Realty - El Cajon, CA
619-504-8999,#1 Resource SD Relo

Well sometimes i dont know what to think of short sales. They are getting better and then they are not!

Aug 12, 2011 04:22 AM