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Frustration Of A Short Sale - Power of Twitter

By
Real Estate Agent with Tierra Antigua Realty

Not mentioning the bank by name, let’s just say it has been in the news a lot and initials are used quite frequently. I’ve been through Short Sales before. Not easy, but not this bad. Here’s the story.

 

Much to my chagrin, my clients decided back in late May it would be easier to get the bank to approve the short sale home they wanted to purchase by going to that same bank for a loan. To a reasonable person you might think that was a viable approach. If dealing with a reasonable bank, I would whole heartedly agree. Now near the end of November my clients understand why I cringed when they chose that bank. How they have hung in there, I do not know. This has been the worst nightmare of all deals.

 

The sellers accepted the offer on June 8th. The Loan Officer for the bank got all the Buyer’s information and set up the loan, supposedly. July went by checking with the Listing Agent weekly, followed by August and September. The Negotiator on the Short Sale side requested information; my clients obliged, signed and complied. I reiterated several times with the Listing Agent that it’s a VA loan requiring 45 days. He relayed that to the Negotiator. In August the COE (Close of Escrow) was set for late September, I notified the Loan Officer for my clients to be prepared for a quick response. In September it was moved back to October with more demands for the Buyers and Sellers. Again I notified the Loan Officer asking him to run everything through Underwriting. Weekly follow ups continued between the Listing Agent and me.

 

October 8th the Negotiator sent an Acceptance Letter for an October 24th COE. Listing Agent and I were shocked at the short notice. I let the Loan Officer know and he was adamant that he needed 45 days. Keep in mind this bank has both ends of the deal. I let the Listing Agent know it was impossible to meet that deadline. So he got a notice of November 28th. No Amended Acceptance Letter from the bank. My clients proceeded with Inspections without the Amendment. Now a cost of $335 for the Inspection, and $40 for the Termite Inspection. My clients are now into the deal for $375. Termites are discovered. Treatment is $475 with a 2 year warranty. Negotiator refuses, Seller can’t afford it. Clients take on the responsibility.

 

Nothing from the Negotiator for an Acceptance Letter. Listing Agent and I are getting more and more frustrated with the lack of a letter of acceptance. Loan Officer proceeds with requesting an appraisal. Clients are gouged $525 for the appraisal. Much higher than any I have experienced. Now they are $900 into the deal. I insist on appraisal results from the Loan Officer. His response is to push it off to the Processor. Never have I had a Loan Officer drop out and stop responding. This one did. Need I say stock in Rolaids, Tums and every antacid ever made won't work. It takes nearly 4 weeks to get the acceptance amendment. Even with constant hounding by the Listing Agent. Now my clients can deposit their earnest money; $1,400 committed to the deal.

 

Email the Processor. No response. Email and call the Loan Officer to get the appraisal and insure all required paperwork is in from my clients. Again, pushed to the Processor by the Loan Officer. Processor hasn’t responded. My client goes on the Internet to track her loan only to discover that the bank is asking for additional paperwork. What paperwork? No communication from the Loan Officer, no communication from the Processor. Client notices a telephone number and email to complain dissatisfaction to the Supervisor. She emails, I call. No response. I email the Processor and cc the Supervisor. Finally I get a reply. Client is asked for paperwork already submitted, she responds immediately. I get no response on the appraisal. I reiterate to the Loan Officer, Processor and Supervisor the need for prioritizing and getting things done immediately because of the oncoming holiday. I email everything the Processor asks for. Processor said she can’t open the PDF files, wants them faxed. Their fax keeps cutting me off. It takes an hour and a half to fax around 50 pages. One of the largest Banks in the US and they can’t accept PDF files. Where is all the money going from the bailout, fees from their customers, and interest earned?

 

Meanwhile Short Sale Negotiator isn’t budging. Insisting close on the 28th or the house is going into foreclosure. More frustration. It’s Friday and COE is 9 days away with two weekends and a holiday in the middle. Get frustrated and Tweet I can’t believe bank (named in tweet) and that a Tucson deal has a Jacksonville Florida Processor in another time zone. Guess who tweets back, the bank Social Media monitors. Direct message them and they call. Now I have a third party involved. She apologizes and gets the information. Calls me back in an hour that she has contacted the Negotiator, Processor and their supervisors. Will contact me Monday.

 

Email Monday and more delay. Tweet again. Get another call from the Monitor apologizing for the delay. I let her know my client works for an attorney and I advised them to seek legal counsel. She said will be following up immediately and get back to me. I let the Listing Agent know, and happen to mention again my client works for an attorney. He emails the negotiator and drops the word lawsuit. I meet my client and the Termite Specialist to treat the house. I advise both that it doesn’t make sense for the client to spend another $475 and be out of pocket for $1,875 when the bank is insisting on foreclosing. So we postpone and leave.

 

Within 30 minutes I get a message from the Listing Agent that the Negotiator said the Investors have approved an extension to the end of December. Wait a minute. It took nearly 4 weeks before to get a written response and now it takes 30 minutes? How powerful is the word lawsuit? I got a call minutes later from the Social Media Monitor that it had been extended and that she advised the Processor to close by mid month. Meanwhile my Client’s lock on their loan ends November 30th. The Processor extends it to the 5th of December. Monday the 28th I email all concerned, no response. It’s the 29th, I am staying on this daily until my clients get the keys. I’ll comment when it’s over.

 

Lesson learned, Twitter can be a powerful tool if used right. I’d be careful about twitter though. Say the wrong thing and… More powerful is the word “lawsuit.”  

Note: Follow my comments to see how it ends.

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Comments(74)

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US Residential of WA State
US Residential of Washington State - Everett, WA

I recommend you switch to a legal law firm to negotiate your short sales --- one who has the fee paid by the lien holder not the buyer or seller nor re agent.... This will level the playing field and implies this is a nonon=sense offer being submitted here!!

Beryl Gosney
www.usr-wa.com
WA State

Nov 30, 2011 05:14 AM
US Residential of WA State
US Residential of Washington State - Everett, WA

 By the way, there are many on here that state they'd never do a short sale agai just because of stories like that....

 

But there is an alternative few perople consider to avoid foreclosure and this time, the homeowner actually gets compensation as a rewsult.  And the agent WINS also!

If yu are a WA State Broker, pay a visit to www.usr-wa.com --- The option is presented there and definitey worth considering instead of short sales.

Nov 30, 2011 05:19 AM
Patricia Paul
Patricia Paul Properties, Tucson, AZ - Tucson, AZ
Broker, GRI

I bet every one of us who has done short sales and REO's has a story to tell!  Just think... this, too, shall pass, and one day we'll be back to the business of private sales, not bank sales.  Can't wait!  :)

Nov 30, 2011 06:57 AM
Marte Cliff
Marte Cliff Copywriting - Priest River, ID
Your real estate writer

I understand why sellers want to short sell... I don't understand why buyers put up with this nonsense.

"Too big to fail" should have been left to fail... the world would be better without them.

There is such disagreement over what is better for the bank - short sale or foreclosure. As I see it, the short sale is better for the investor. The foreclosure is more profitable for the loan servicers. And since they control the paperwork...

Nov 30, 2011 07:02 AM
Elisa Uribe Realtor #01427070
Golden Gate Sotheby's International - Berkeley, CA
Opening the Doors to California Homes -East Bay

Wow, what a story! I hope writing it and the comments you are hearing are helping you live through it to the end. You have our emotional support, which we all need in dealing with short sales. Amazing, the power of a tweet! Unfortunately this deal seems so time intensive, it's probably youre only one! Argh!

Nov 30, 2011 07:03 AM
Jirius Isaac
Isaac Real Estate &TriStar Mortgage - Kenmore, WA
Real Estate & loans in Kenmore, WA

The pain they cause.  I do not think that we should be shy at all about naming the banks.  However, it happens with all of them.  some are \worse then others and/or have more loans.  At the end of the day, you are doing the right thing to perservere.  Did you go right to B of A Twitter site & tweet them directly?  I will try this next time I run into a problem on a short sale.  Of course, this will not be long!  Good luck to you.

Nov 30, 2011 07:21 AM
Kate Akerly
Kaminsky Group - Manhattan Beach, CA
Manhattan Beach Residential Sales

Ahh, what a nightmare.  The incompetence just seems to have no end.  

Nov 30, 2011 10:29 AM
Bob Miller
Keller Williams Cornerstone Realty - Ocala, FL
The Ocala Dream Team

Hi Douglas ,  I feel your pains!

Have you seen my short sale rants?

Here is one:

Is It Me? Can Others Close Short Sales in 30-90 Days? Revisited!

Nov 30, 2011 11:38 AM
Sue Ellis
BHHS Florida Properties Group - Clearwater, FL

Currently trying to get my 3rd contract on a short sale approved with unnamed bank.  2 years working on this short sale and their incompetence is truly amazing.  Also just lost a 2-side deal with same unnamed bank due to their delay in processing buyer's loan in a timely manner and seller decided not to sell.  At least the buyer is still with me and now getting a loan with my in-house lender, which has gone smoothly and will be closing next week.  I am sure we all have numerous horror stories like this, which begs the question - HOW are they still in business with such bad customer service? 

Nov 30, 2011 04:07 PM
Greg Freeman
Citiwide Real Estate Services - Allen, TX

I hate short sales. I know the bank youre talking about and you would think they would have this process down. Good luck

Nov 30, 2011 05:59 PM
Sylvie Stuart
Realty One Group Mountain Desert 928-600-2765 - Flagstaff, AZ
Home Buying, Home Selling and Investment - Flagsta

I wish this story shocked me, but it's absolutely unbelievable what goes on and so frustrating for buyer who are trying to move forward in earnest on the home they chose.

Dec 01, 2011 01:22 AM
Michael Rohde
Sunstreet Mortgage LLC. Licensed Mortgage Professional - Tucson, AZ

Hi Doug, all I can say is, Wow! I'm in Tucson like you and although this is not a Tucson problem we have had a large number of foreclosure and in this case short sales. There are a couple of things that are unclear. One is why said lender needed 45 days to close after they have already had the borrowers qualified for months on end; of course that's retorical because I know the bank or any bank moves like a sloathe walking on the ground which is why no one should ever use them directly for a loan but my other question is how the buyer got away with paying for the termite treatment. Using a VA the buyer is not allowed to pay directly for the treatment or wood inspection. the company must have been hired outside the transaction. If not, it's going to come up before closing once the HUD is reviewed. Just an FYI. Maybe it will be missed like everything else in this Murphy's Law cluster.

I think you are doing a great service though for following through and doing what needs to be done at this point. Good luck and hopefully all will get wrapped up shortly for you and your folks.

Dec 01, 2011 05:51 AM
Liane Thomas, Top Listing Agent
Professional Realty Services® - Corona, CA
Bringing you Home!

Wow, what a story! Bravo to you for not taking "no" for an answer!

Dec 01, 2011 12:37 PM
Manny Rosa
Rosa Agency - Belleville, NJ
New Construction - Union & Essex Counties, NJ
This is unfortunate but also common on short sales. There needs to be a fundamental change in the attitudes of the negotiators. They need to look at ways to approve short sales and accommodate their clients rather than impede progress. Remember, the homeowners are still clients of the bank until the short sale concludes or the bank forecloses. Threats shouldn't be necessary. I applaud your effort and dedication to your client.
Dec 01, 2011 01:51 PM
Diane J. Ebbers
Greenridge Realty, Inc., working hard for you! - Grand Rapids, MI
West MI agent Extraordinaire

I think it's time to use Twitter a little more!  Great insights!  I am struggling with a very complicated nightmare short sale with that same "unnamed Bank" as well.   And today I just got word back on another short sale listing of mine from a different lender that they are countering at $38,000 for a house that was listed at $32,500 and an offer of $22,000 been on the market a very long time.  Looks like I've got my work cut out for me!  Thanks again for sharing I learned something valuable today!

Dec 02, 2011 05:38 AM
Thom Abbott
MyMidtownMojo.com |770.713.1505 | Intown Atlanta GA Condo Living - Atlanta, GA
Midtown Atlanta GA Condos For Sale

What scares the beJesus out of me is that around 60% of our market is distressed sales now. I'm still avoiding them, at least from the buyer perspective. Not that I have any Buyers anyway. But when I do, they don't want to wait for months and play this game.

I've got a short sale listing right now, but I use an attorney to handle all the calls and paperwork. I do what I'm good at, and that is bring Buyers and Sellers together. If I spent all my time trying to get someone to have paperwork, and go round and round and round like you and so many others have.....I'd lose my mind. Period.

My short sale was just sold to Chase (I'm not hiding any names!) They have now called THREE times looking for a copy of the listing agreement. It's been sent THREE times and they are threatening to close the file for lack of required paperwork.

If there is or was ever a time that our government needs to do something to help this country, it's to tell the banks, enough is enough.

If all these loans were not guaranteed, do you REALLY THINK THE BANKS WOULD PLAY THESE GAMES? Hell no! They would be doing anything and everything to keep people in these homes, because if it went to foreclosure they WOULD be out all the money.

Ok,. now that my blood pressure just went through the roof.

Dec 04, 2011 09:01 AM
Jerimiah Taylor
Keller Williams Southern Arizona - Tucson, AZ

Interesting article for sure.  We've had a lot of similar experiences when negotiating short sales in Tucson.  I wish the banks would get it together and realize we're woking to save them money here!

 

Jerimiah Taylor

Tucson Short Sale Expert

Dec 05, 2011 05:53 AM
Douglas Trudeau
Tierra Antigua Realty - Tucson, AZ
MBA, Assoc. Broker, Selling Tucson Real Estate

Thank you everyone for your comments. Another week lost last week due to no response. Social media monitor has made a little progress. However, the processor has been slow to respond and not getting it. Lots of excuses on why no answer. Heard all of them before. The Loan Officer has been out of the picture for over a month. I can feel us getting closer. It would be nice to have a definitive answer so we can wrap up what needs to be done. Shots from the bottle of Patron in the freezer are getting more inviting every day.

Michael; got the Termite treatment payment under control. It will be compliant.

Oh yes, tweet, tweet, tweet to get responses. Mention the name of the bank in your tweet, and see how fast you get a response.

Dec 05, 2011 09:41 AM
Douglas Trudeau
Tierra Antigua Realty - Tucson, AZ
MBA, Assoc. Broker, Selling Tucson Real Estate

Still fighting with BofA to close. No longer unnamed. Last week it went from the Processor to Underwriting, back to the Processor, and back to Underwriting for final approval. Phew, my head is spinning from all the turn around. Had I not been persistent, I wouldn't have know they needed a document signed by the Seller. Got it to them in less than 2 hours. Listing Agent went out of his way between commitments to get it to me. That was late Friday. Why didn't Underwriting contact someone Wednesday or Thursday? Monday no word. Email 1, 2, 3 times. Finally got a response from the Processor that the System was down in the morning, and not to the Closer. What an unorganized dysfunctional operation. This has been to the Processor of nearly 45 days and not finished. Wonder what the excuse will be today. I'll keep you posted.

Dec 13, 2011 03:42 AM
Douglas Trudeau
Tierra Antigua Realty - Tucson, AZ
MBA, Assoc. Broker, Selling Tucson Real Estate

Finally the ordeal is over. My clients now have the keys to their home along with a house warming gift from me. But, it wasn’t without a lot of grief. While waiting for docs to get to Title, the Processer threw another curve. Where’s the Termite Report? She must have been shocked when I sent it within 5 minutes. My question, why didn’t you ask for it 45 days ago? The Processor and Closer have no Clue about contractual requirements in Arizona, because they are in Florida. The Arizona contract requires the Buyer to sign three (3) days before closing. Once BofA got docs to Title, the Buyer signed the next day; one day before closing. As many Buyers before them have done for years. Not good enough for BofA. My clients had to sign a second time on the day of closing because the Closer didn’t like that they signed the day before.  There was a document normally in the closing file I didn’t see. I figured oh well they must not need it. After the Escrow Officer sent the signed package back to the Closer that document was requested; an hour before the deadline to close on that day. My client was gracious enough to comply and got it back within minutes. Never in my 11 year career had a client been forced to go through so much. Compared to the Short Sale side of BofA, who at the last minute responded admirably, the mortgage lending side was a total nightmare.  The Listing Agent, Escrow Officer and BofA’s Social Media Monitors did a good job. Any of whom I would enjoy working with again. I cannot say the same for the Short Sale and Mortgage side. The Short Sale side took too long to respond, but, did a good job at the end. I’ll give them that. The mortgage side for the Buyers, I cannot say the same. Don't forget to read my blog Chose Your Lender Wisely prompted by this ordeal. THE END

Dec 17, 2011 01:19 AM