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Watch Your Words Because they May Come Back to Haunt You

By
Real Estate Broker/Owner with Broadpoint Properties Cal BRE #01324959

 

When viewing newspapers and magazines and even the Internet, I see many agents who advertise that a short sale transaction can be closed at no cost to the seller. Please don’t advertise in that way; mark my words, it will come back to haunt you.

When you take a short sale listing, the seller frequently inquires as to what s/he can be expected to pay (i.e., how much does the short sale processing cost). It’s true that frequently the short sale can be concluded with no cost to the seller. But, then there are those other times when the seller will have to come up with some money.

I’m not going to review all of the times when the seller may have to come up with cash in this article. But, I will review one occasion when cash will be needed to close: in the case of the Homeowner’s Association (HOA).

HOAFirst and foremost, even if a seller has stopped making payments on his or her home and is participating in a short sale, s/he should continue to pay the HOA (if they reside in a community with an HOA and if the can afford to do so).

Lenders (in the state of California) frequently do not allow any of the proceeds from the sale to be paid to the HOA. Remember that when a lender approves a short sale, the lender approves the terms and conditions of the sale. The lender approves how much will be paid for various items including but not limited to title insurance, escrow fees, recording fees, and real estate commission.

In the state of California, short sale lenders generally are not approving payment to the HOA. However, the HOA balance needs to be paid in order to complete the short sale. Since associations throughout California are having trouble making ends meet, we often see associations placing liens on properties for unpaid dues. These liens include exorbitant charges for legal fees and interest. If a home in a short sale has an HOA lien and the bank will not authorize money from the proceeds to be paid to the HOA, someone else (generally the seller or maybe even the listing agent) will need to satisfy that debt prior to closing. (You do not want to pay your seller’s HOA bill, do you?)

One other thing with regard to associations in California that you also need to keep in mind is the ordering of HOA documents. Often times, there is an upfront document fee charge. And, if there is, then it is likely that the seller (or the listing agent) will need to pay that document fee charge to the HOA. Even if the bank has approved money for HOA documents and transfer fees, any money is required upfront cannot be allocated out of the money that has been approved on the short sale approval letter for the HOA.

So, in both of these cases, the seller might have to come up with some cash in order to close the short sale transaction. You may have heard or used the expression, “the best things in life are free,” but a short sale is not always free and should not be advertised that way.

Just think, if you told Mr. Seller that the short sale was free and then learned that there was a $1600 HOA lien, what do you think that Mr. Seller would say? I can hear it now, “You told me that the short sale was going to be free.”

Anyway, just don’t tell me that I didn’t warn you.

 

Photo: flickr creative commons by LaMenta3

 

 

Comments(12)

Samantha Nichols
ERA Belsito and Associates - Plymouth, MA
Massachusetts Real Estate Specialist

Gret advice, thank you Melissa

Apr 25, 2011 02:37 AM
Dawn & Charlie Tetro
PalmerHouse Properties & Associates - Johns Creek, GA
Real Service Real Results

Melissa - Great post!  There is a lot of confusion in the mind of the seller when it comes to short sales and it is very important to be knowledgeable as to local laws and lender policies.  I never take these listings lightly as they can be complicated and every detail counts!

Apr 25, 2011 02:45 AM
Roseanne Campagna
John L. Scott RE Maple Valley, WA - Maple Valley, WA
Kent/DesMoines/Blk Diamond/Renton/Maple Valley, WA

I learned something here - HOA dues payable by seller. Around here, if an agent wants the deal to close, they may be in line to pay this themselves to close the deal. Hope it is worth it.

Apr 25, 2011 03:00 AM
Mike Saunders
Retired - Athens, GA

Melissa - thanks for the reminder about this. I do not tell sellers that there will be no cost to them. However, I do point out what costs they will more than likely not have to incur. But this is one that sometimes slips my mind.

Apr 25, 2011 03:13 AM
Barb Van Stensel
Chicago, IL

SOLID!  Every meeting that I have with a seller, I remind them that they need to keep current there insurance and their HOA's.  Bottom. 

Apr 25, 2011 11:46 AM
Ginny Gorman
RI Real Estate Services ~ 401-529-7849~ RI Waterfront Real Estate - North Kingstown, RI
Homes for Sale in Southern RI and beyond

Melissa, great info I continue to repeat to my short sale condo owners...it needs to be repeated out there...thanks

Apr 25, 2011 12:47 PM
Cynthia Larsen
Cotati, CA
Independent Broker In Sonoma County, CA

I can't believe what agents say as a general rule. Every situation is unique!

Apr 25, 2011 01:14 PM
1~Judi Barrett
Integrity Real Estate Services 116 SE AVE N, Idabel, OK 74745 - Idabel, OK
BS Ed, Integrity Real Estate Services -IDABEL OK

Good warning to those that speak out of turn and it applies to not only short sales but in most things in life.

Apr 25, 2011 01:19 PM
Dianne Goode
Raleigh Cary Realty - Raleigh, NC
Realtor/Broker

Thanks for the reminder about the HOA dues.  That could be a costly oversight.

Apr 25, 2011 03:55 PM
Robert Vegas Bob Swetz
Las Vegas, NV

Hello Mellisa and yes Short Sales are very touchy, we need to careful of our words and a very informant post!

VB ;o)

Apr 26, 2011 05:17 AM
Dave Halpern
Dave Halpern Real Estate Agent, Inc., Louisville, KY (502) 664-7827 - Louisville, KY
Louisville Short Sale Expert

Melissa,

Extremely insightful post, as always.

I also see Realtors advertising "no cost" or "free" short sales. The possibilities of cash contributions, obligations on deficiencies, and tax liabilities can be argued to be counter to the claim of "no cost" and "free".

There is a need for clear and written disclosures, in advance.

 

 

Apr 26, 2011 10:50 AM
Wendy Rulnick
Rulnick Realty, Inc. - Destin, FL
"It's Wendy... It's Sold!"

Melissa - California differs from Florida in that in FL one year dues (or 1% of the mortgage, whichever is less) must be paid to the HOA by the foreclosing entity if there is an outstanding balance.  This is leverage in FL to get short sale servicers to pay at least part of the bill...  Thank you for the California perspective, well done.

Apr 26, 2011 12:19 PM