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Short Sale Extensions, Postponing an Auction, and Goldilocks and the Three Bears

By
Real Estate Agent with Elizabeth Anne Weintraub, Broker DRE #00697006

I've got news for all you fans of Goldilocks and the Three Bears. We've been lied to all these years. We, as busy people, tend to take whatever has been shoveled our direction as the truth -- like FOX News -- without ever thinking about it.

With Goldilocks, what you have here are 3 hungry bears who went for a walk in the woods. They come home to find out a stranger has a) broken into their house, b) eaten all of their food, c) broken their furniture and d) a little defenseless girl with a bloated stomach is sleeping right in front of them.

Goldilocks didn't get up and run away in the woods. I hate to break it to ya. The bears gobbled her up. Slurp. Sorry, kids.

We tend to shape our view of the world based on our own experiences. Take short sales, for example. If an agent has closed only a handful of short sales, she might have a different opinion than, say, a Sacramento short sale agent who has closed hundreds of short sales. A MLO said a few days ago that I appeared astonished that an MLO would ask for an extension. My astonishment wasn't that the MLO asked for an extension. I was astonished because the MLO expected an extension.

There are no guarantees that a short sale bank will offer an extension. Take Wells Fargo, for instance. Now, Wells Fargo will offer one extension, providing it's not too close to the auction date. But next month or even tomorrow that policy could change.

Ditto for whether a bank will postpone an auction. Often, if there is a short sale offer in the works, the bank may postpone the trustee's auction, but there is no guarantee. In fact, some guidelines, direct the bank to foreclose if the auction is more profitable. Sometimes, the investors make more money in a foreclosure over a short sale. With certain types of Wells Fargo loans, there is no postponement of auction. None. Nada.

A seller wrote to his lawyer last week to talk about a Fannie Mae short sale and the auction date. I cautioned him against requesting a Fannie Mae HAFA short sale due to the looming presence of that auction date. The seller seemed to believe that his lawyer possessed supernatural powers to stop the auction. That is a scary thought. The truth is unless the seller is willing to pay the lawyer to file suit and has established a basis for that action, Fannie Mae has the power to continue to foreclose. Especially in a Fannie Mae HAFA short sale.

We short sale agents and short sale lawyers don't have magic wands. There is no abracadabra. But it does make sense to hire an experienced Sacramento short sale agent to look out for you. It makes sense to get legal advice, too. Otherwise, I'm warning ya, you might get eaten by the bears.

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Elizabeth Weintraub is co-partner of Weintraub & Wallace Team of Top Producing Realtors, an author, home buying expert at The Balance, a Land Park resident, and a veteran real estate agent who specializes in older, classic homes in Land Park, Curtis Park, Midtown, Carmichael and East Sacramento, as well as tract homes in Elk Grove, Natomas, Roseville and Lincoln. Call Elizabeth Weintraub at 916.233.6759. Put our combined 80 years of real estate experience to work for you. Broker-Associate at RE/MAX Gold. DRE License # 00697006.

Photo: Unless otherwise noted in this blog, the photo is copyrighted by Big Stock Photo and used with permission.The views expressed herein are Weintraub's personal views and do not reflect the views of RE/MAX Gold. Disclaimer: If this post contains a listing, information is deemed reliable as of the date it was written. After that date, the listing may be sold, listed by another brokerage, canceled, pending or taken temporarily off the market, and the price could change without notice; it could blow up, explode or vanish. To find out the present status of any listing, please go to elizabethweintraub.com.

Comments(7)

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Chris Ann Cleland
Long and Foster Real Estate - Gainesville, VA
Associate Broker, Bristow, VA

I think we ought to hold a convention of experience Short Sale Agents.  Can you imagine the wealth of knowledge in one room?

Jun 30, 2011 04:05 AM
Elizabeth Weintraub Sacramento Broker
Elizabeth Anne Weintraub, Broker - Sacramento, CA
Put 40 years of experience to work for you

Yeah, Chris Ann, which is why agents without experience would hound us to death, and we'd get crushed in the stampede at the back of the Hyatt ballroom. Not the way I envision going.

Jun 30, 2011 04:25 AM
Barb Van Stensel
Chicago, IL

So, I guess you didn't get the memo that there isn't an Easter Bunny either?  Totally agree with you and especially about your comment above to Chris Ann.

Jun 30, 2011 05:37 AM
Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

I have only done a handful of short sales with half of that being on the listing side and the other half being on the selling side.  Yesterday I advised my buyer to RUN, not walk away from one because it was obvious to me that the listing agent had NEVER done one.  There were so many red flags I thought I was at grand opening.  And I really didn't want my buyer to get eaten by bears.

Jun 30, 2011 09:13 AM
Michelle Gibson
Hansen Real Estate Group Inc. - Wellington, FL
REALTOR

Elizabeth - There are definitely no guarantees when it comes to short sales.  Last summer my buyer clients were purchasing a short sale that did go to auction even though the listing agent tried, tried and tried some more to get it postponed.  They did end up closing after the auction, but it obviously delayed the process even more.

Jun 30, 2011 12:17 PM
Paddy Deighan MBA JD PhD
http://www.medicalandspaconsulting.com - Vail, CO
Paddy Deighan J.D. Ph.D

Elizabeth, I did some research on this in Cali...because a bank executive LIED to my clients....in California, the state does not care about the number of adjournments....unlimited up to ONE YEAR!

Jul 01, 2011 10:15 PM
Karl Falk
Summit Mitigation Services - Monument, CO
Summit Mitigation Services

Agree I know everyone wishes more agents were knowledgeable.  There just isn't any hard core training out there...well one...:)  The biggest issue out there are fanniemae loans, as of right now they are not postponing unless there is a fannie acceptance. 

There are other fail safe ways on postponing the sale but we all know there's not enough characters allowed in these boxes!

Jul 03, 2011 08:48 PM