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How Time Can Run Out On Your Short Sale

By
Real Estate Broker/Owner with Mint Properties, Lic. #01871795 Lic. #01871795

How Time Can Run Out On Your Short Sale

One of the worst things that distressed homeowners do is waiting until the clock is ticking before contacting a short sale agent.  When does the clock start ticking?   I tell people it starts ticking when you stop paying.  Ideally, if you know a financial hardship is imminent, you should begin exploring your options, including a short sale, before any payments are even missed.  In its recent Open Letter on Short Sales, the California Association Realtors reports that according to surveyed California Realtors® only about three out of five short sales close.  Certainly there is much more that lenders can do to improve the process and closure rates.  However, potential short sale sellers can also improve their odds of a successful short sale by acting swiftly.  Some aspects of a short sale cannot be controlled by the distressed homeowner, but I believe that beginning early improves your chances.

There are plenty of stories about people living in their home without paying a mortgage for months (and sometimes years) on end.  Certainly that does occur, but you really can't know that it will happen to you.  From the outside looking in it can seem like a bonus to a person in financial distress, but after interviewing people in that situation, it seems to me to be more of curse than a blessing.  Typically, their credit is being drug through the mud month and after month, they can't justify moving out until the foreclosure takes place, and their entire financial life is on hold because they are allowing the bank to decide what to do next - instead of taking charge of the situation.

Eventually, in some of those situations, people become so accustomed to living on the edge and getting extensions from the bank, that when they are finally denied an extension, they really can't believe it.  They have been lulled into complacency and panic can ensue as they realize that their home will be auctioned in less than a week.   If you wait until that point, I do believe it decreases your chances of short sale success.  It may be possible at that point to temporarily stop the auction, but it is certainly not guaranteed, and your options are severely limited.  If a short sale is the course of action you decide to pursue, the time necessary to get an acceptable offer and the time needed to close the sale is severely shortened.  Any bump in the process, such as losing a buyer (which happens frequently on short sales) and you have virtually no time recover and put the deal back together again.  Many of the failed short sales I've seen and heard about have similar facts - they simply run out of time

If you want to increase your chances of a successful short sale, start early.

Tni LeBlanc is an independent Real Estate Broker, Attorney, Short Sale Agent and Certified Distressed Property Expert (CDPE) serving the Santa Maria, Orcutt and Five Cities area of the Central Coast of California.  She can be contacted at (805) 878-9879 for a short sale consultation.

*Nothing in this blog article is intended to solicit listings currently under contract with another broker.  Those considering a short sale are advised to consult with their own attorney for legal advice, and their tax professional for tax advice prior to entering into a short sale listing agreement.  Not affiliated with the government.  A lender may refuse to change a loan.

Copyright © 2011 Tni LeBlanc *How Time Can Run Out On Your Short Sale*

Posted by

Tni LeBlanc, Broker
(805) 878-9879 mobile/text

tni@mintprop.com
www.MintProp.com
CalBRE #01871795

Comments(15)

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Ken B. Banks
Keller Williams Realty - Spring Hill, TN
Realtor Broker CRS ABR RCS-D CDPE CMRS SRES

  Short Sales still seem to reap a higher sale price than waiting until the house goes into foreclosure. The bank doesn't really want an empty house.  It is usually in their best interest, and they know it, to give an extension of a few months if we can have time to truly market the property and try to get it sold.

Mar 13, 2011 02:26 PM
Emily Medvec
eXp Realty | Santa Fe - Santa Fe, NM
Broker | Realtor | Santa Fe & Northern NM

Tni, your post is an excellent example of why time is of the essence in a short sale. It is clear fear on the part of the owner as well as mixed media messages create more hardship. Hopefully, this post will help motivate challenged homeowners to move forward without delay.

Mar 13, 2011 02:29 PM
Tni LeBlanc, Realtor®, J.D.
Mint Properties, Lic. #01871795 - Santa Maria, CA
Tenacious Tni (805) 878-9879

Kenneth - True, but there is a point where a bank will cut you off.  And for each file and each bank it is a different point.  Getting an extension is not guaranteed.

Thanks Emily - Yes, I believe people should not wait until the last minute if they want a short sale.

Mar 13, 2011 02:36 PM
Virginia Cheezum
F. C. Tucker Company - Indianapolis, IN

Very relevant information - exellent post, thanks!

Mar 13, 2011 02:48 PM
Cynthia Larsen
Cotati, CA
Independent Broker In Sonoma County, CA

Good advice, Tni. I've heard from so many folks that a bank will not entertain a short sale until payments stop. All ducks should be in a row before that happens, as it can happen swiftly ... at least in California.

Mar 13, 2011 02:51 PM
Joe Kenny
Keller Williams Experience - Downers Grove, IL
Better Than Your Average Joe

Wrote one yesterday and it was excepted by the sellers tonight.  We will see where this goes.  Sounds like the listing agent is on his game but I'm glad you posted this anyway.

Mar 13, 2011 04:53 PM
Fernando Herboso - Associate Broker MD, & VA
Maxus Realty Group of Samson Properties - Clarksburg, MD
301-246-0001 Serving Maryland, DC and Northern VA

Before I put any short sale in the market. .I collect all the required docs from the sellers and send them to the bank.. 

Mar 14, 2011 12:48 AM
Fernando Herboso - Associate Broker MD, & VA
Maxus Realty Group of Samson Properties - Clarksburg, MD
301-246-0001 Serving Maryland, DC and Northern VA

Just wanted to also add to my comment above. .I do this for all the liens. .both lenders.

Mar 14, 2011 12:49 AM
Jerry Newman
Brown Realty, 210-789-4216, - San Antonio, TX
Texas REALTOR, San Antonio Military Relocation

Hi Tni, Some great advice for any homeowner facing a potential hardship. In Texas, the foreclosure process is only 21 days. So, if any buyers are considering a Short Sale, they will need to act quickly.

Mar 14, 2011 05:55 AM
Chris Ann Cleland
Long and Foster Real Estate - Gainesville, VA
Associate Broker, Bristow, VA

I wish I had a hologram of you that I could turn on for Short Sale Sellers to hear when they dicker around and delay lisitng their home. 

FEATURED IN THE GROUP:  BARTENDER, MAKE IT A DOUBLE.

Mar 14, 2011 08:21 AM
Ann Bellamy
Hard money lending for investors in NH and MA - Tyngsboro, MA
Lending to real estate investors since 2006

Planning ahead is something that is foreign to many people.  Denial doesn't help, so when you add to that the level of overwork of the loss mitigators, and the lack of communication between lender departments, you can end up at the foreclosure auction before you know it.

Mar 15, 2011 12:20 AM
Tni LeBlanc, Realtor®, J.D.
Mint Properties, Lic. #01871795 - Santa Maria, CA
Tenacious Tni (805) 878-9879

Thanks Virginia!

Hi Cynthia - Some banks will consider a file even where the people are current, especially where the hardship is imminent - job loss, divorce.  That is the ideal situation for a seller anyway -- less damage to their credit.  Yes, definitely get your ducks in a row.

Good luck with that one Joe!  Hope it turns out well for you.

Fernando - You are the King of short sales.  You know how to get it done!

Wow Jerry - That is fast.  Don't mess with Texas!

Chris Ann-- LOL!  Thanks that would be cool, huh?  In three years, who knows?  Thanks for the feature.  It is always frustrating to get that call a week before auction and know that the chances are slim.

Very true Ann

Mar 15, 2011 11:01 AM
Maya Swamy
Funds Available - Long Beach, CA
Ph.D. Long Beach, CA - fundsavailable.com

Of course it is a big problem when the buyers re scared of losing the $300 inspection and apprisial fee that lose the whole del.

Mar 16, 2011 01:16 PM
Allison Stewart
St.Cloud Homes - Saint Cloud, FL
St. Cloud Fl Realtor, Osceola County Real Estate 407-616-9904

TNI- as you said banks each have their own timelines- the biggest mistake I see homeowners make is failing to communicate with their lender. You are so right they let time escape them and then next thing they know it is too late.

Mar 17, 2011 01:52 AM
Tni LeBlanc, Realtor®, J.D.
Mint Properties, Lic. #01871795 - Santa Maria, CA
Tenacious Tni (805) 878-9879

Dr. Maya - Don't get me started on that.  Order the dang appraisal.  There is no half way to buying a house!  What are these folks telling these buyers that they don't think they are risking ANYTHING when trying to purchase a home?

Allison - Very true sometimes they just lose track of time.  Nothing happens for so long that they start to believe nothing will happen -- but that's not true.  

Mar 17, 2011 02:53 AM