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Anatomy of a (needless) short sale decline

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Real Estate Agent with Windermere Bay Area Properties

... or shall I say, how Freddie Mac (and Bank of America) is sending a house on the road to foreclosure on purpose? 

Yes, I said it.  I have a condo listed since November.  We started high based on previous sales in the complex, and later dropped the price according to the market conditions, trends and recent sales.  It was easy to show and on lockbox.  Its challenge however is that its not been updated since the 1970's, it is pretty "vintage" (aka original), has some repairs needed, borders an "industrial" area and unfortunately has been smoked in.  The plus side though is that I have a very cooperative seller who first tried for loan modification, was turned down for HAFA (as it was a Freddie Mac loan) and consulted with the 3rd party HUD approved work out company Bank of America enlisted to contact the borrower.


Sound familiar?  Yes, the seller that does "everything right."  And like many, wants to "do the right thing."  But boy has Bank of America and Freddie Mac made it impossible.

I'll spare you all the nuances, but the short story is.....

First and only offer since we listed in October came in during February at a price lower than our list price.  BPO agent comes and does his valuation.  Bank of America counters us at higher than we were listed!  As I refreshed the comparables, I realize the price is firmly higher than comps.   In fact, I even contacted the BPO agent (though he was less than appreciative) and asked if he made a mistake and thought the condo was in the neighboring town!?!?! 

For locals, you know there is a difference between Concord, and Pleasant Hill sales, trends and values.  This condo is literally on the border of the two towns.

The Bank of America rep didn't seem to appreciate my reaction, I was shocked at the value.  So I appealed their value.  I provided comparables within 1/2 a mile.  I didn't go miles away, I didn't go to another town, I didn't go for less beds or baths, I stayed within 10% of the square footage.  I found COMPS (meaning they were COMPARABLE), that were legit. 

So Freddie Mac ignored some comps apparantly, and valued it at higher than a price we couldn't sell at for over 71 days? We priced higher initially as this is a "unique" complex and the last sales in here, did sell considerably higher than some surrounding properties, but the fact is now, there hasn't been a sale there in over a year. We have to look at neighboring comps.

It seems pretty clear doesn't it?  Doesn't it appear there is an ulterior motive here?  At this point, B of A has declined the offer, Freddie Mac declined my value appeal, and now, closed the file.  Bank of America says I need to get a more "reliable" buyer.  My opinion is that it will not even appraise for a buyer at what they want.

If it has been declined based on a formula based on their loss, fine.  If they get paid more money on foreclosure, fine. Just be up front so we don't all waste our time.

By the way, no Notice of Default is filed, so it will be months and months before this home forecloses.

I just thought something this obvious needs attention. Not sure we'll find a more "reliable" buyer to pay more than the condo is worth - but we'll put it back on and submit again if we get another offer. In fact, this complex is not FHA approved, so it's even harder to find a buyer. 

Calgon, take me away....

 

(Oh by the way, yes I did try to call Freddie Mac directly. Freddie Mac will not talk to anyone they say.  They will only talk to their servicers. So no help there. I tried to escalate through Bank of America with absolutely zero response except from the negotiator who ultimately closed the file today.)

 

 

 

Comments(7)

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Judi Henry
Main Street Realty & Loan - Lakeside, CA
Lakeside, CA 619-820-7277

Catherine,

What I don't understand is that everyone in real estate it seems is running into the same issue one way or another with these foreclosures. (Just fill in the blank for the banks). I've seen the same gripes from different realtors across the country. I'am wondering what is our state and local realtor  associations doing to help us? 

Mar 21, 2011 07:24 AM
Kathy Denworth
BHHS Keys Real Estate - Islamorada, FL
Realtor in the Florida Keys, Islamorada, Key Largo

Catherine, it amazes me when I hear some of the things that banks do. They will accept ridiculously low offers without counter and cut an agents commission without ever try to get a fair market price. Go figure.

Mar 21, 2011 07:28 AM
Catherine Myers
Windermere Bay Area Properties - Walnut Creek, CA
Walnut Creek, CA Real Estate

Judi, I'm just not sure.  In fact, it seems our politicians are doing the opposite if these entities (Freddie/Fannie) are getting incentives or pay-outs when foreclosing.  Why else would they turn down a legit deal?  And, I do many, many short sales.  I know not all decisions make sense.  But this one takes the cake for me recently.  I have so many stories... but only a few make it to the top 5 worst. This is now one of them, when we are about 25% apart on value and seemingly nothing more I can do.

Kathy, in this case, I just want them to accept a market value offer !  UGH!

Mar 21, 2011 07:31 AM
Lisa Orme
The Master's Key Realty LLC -Windsor, CT - HARTFORD COUNTY - Windsor, CT
Broker/Realtor, ABR, CRS,GRI, PSCS, SFR, Notary Pu

Unfortunately, this is not a rare occasion, but quickly becoming a common day-to-day experience. Makes it hard on everyone...

Mar 21, 2011 07:39 AM
Shannon Coe
exp realty of California, Inc. - Oceanside, CA
760-586-5268, San Diego Realtor

been there done that...now I am working to market move up buyers...I know they are out there..

Apr 08, 2011 12:44 PM
Valerie Crowell
Keller Williams - Walnut Creek, CA
Broker Associate

Oy, I'd like to know who is it that gets the low ball offer approved and gets to keep their commission too.  I have to fight for every nickel for everyone.  I have one right now that they took, they asked for over $30k more than I thought it was worth and ended up foreclosing.  My guy did everything your guy did.  

I actually wrote my client's Congressman on his behalf.  The follow up letter will include what the bank actually got for the property after their refused to let my client exit with dignity.

Feb 18, 2012 12:46 AM
Mike Young
203kOnLine.com, covering the USA - Hickory, NC
FHA 203k Consultant 916-758-1809 cell direct

once I was an appraiser - we can't even mention a value at a party without someone suing us for that was a "verbal"  appraisal -  a No No. Yet  a BPO can be done and come in obviously higher than common sense would dictate and squash a deal. Sorry to see the industry is having this issue. 

Jul 27, 2012 01:38 AM