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Is It A Foreclosure Or A Short Sale? It's BOTH!

By
Real Estate Agent with Berkshire Hathaway Home Services Florida Network Realty BK 3030920

I took on a challenging listing earlier this year, with the conviction that I could, of course get it done, and look like a magician pulling a rabbit out of a hat.

Oh, boy.  Here is the abbreviated back story:

  • My seller purchased a condo at the beach on the courthouse website for $8000.
  • This was an association foreclosure, subject to the first lien. 
  • My seller didn't really know what he had just done. 
  • The first lien is for $220K roughly. 
  • The lender has started foreclosure proceedings against the absentee note holder who abandoned the property (and took all the appliances and surprisingly, the bath vanities from both baths). 
  • Locating the absentee note holder was an adventure itself, requiring Dog the Bounty Hunter (not really, but much more colorful).
  • Absentee note holder has been through bankruptcy and discharged of all debt (as explained to me, I'm not an attorney)
  • We can't start a short sale without the absentee note holder's info (social security number, loan number, all necessary docs for the standard short sale process.)
  • All conversations with the absentee note holder's bankruptcy attorney, and their communiques with their client have yielded nada, zip, zilch.

We are now on our 3rd offer, the first two walked, and then, wonder of wonders, the first buyer came back. Again.

I've just emailed everyone the executed contract, and am considering sending it to the law firm who is pursuing a foreclosure for the benefit of the first lien holder.

Tell me, O Wise Ones on AR, what would you do with this NOW? !

Sunrise JB

 

Posted by

Carol Zingone is a full service Broker Associate proudly affiliated with Berkshire Hathaway HomeServices Florida Network Realty in Atlantic Beach, FL.  I help buyers and sellers locally, regionally, and internationally.  With hundreds of happy buyers and sellers over the course of my career, I'm thrilled to help first time buyers, military buyers, seniors, investors, 1031 exchange properties, short sales and REO's.  I have spent hours honing my expertise, including the designations of: Graduate Realtor Institute (GRI), Loss Mitigation Certification (LMC) , Short Sales, Foreclosures, REO's, (SFR), and Senior Real Estate Specialist (SRES).  I pride myself on providing excellent expertise to all buyers and sellers. Search the MLS via www.carolzingone.com  for Jacksonville and area listings!

 

Tamara Schuster
Naperville Glen Ellyn Lisle Plainfield Wheaton Illinois - Naperville, IL
Realtor Broker - Naperville

WOW! That is an amazing story. I worked with a cond that Isold that was being run by the condo developer however owned by the bank. Unusual situation and a different approachas we are finding out al deals are unique today.

Dec 01, 2011 08:27 AM
Michael Thornton
RadnorLake Video - Nashville, TN
Nashville Area - Photography & Videography

Good afternoon, Carol. I reckon that some folks need to think about it for awhile...

Dec 01, 2011 08:28 AM
Pamela Seley
West Coast Realty Division - Murrieta, CA
Residential Real Estate Agent serving SW RivCo CA

Wow is right. I haven't a clue on this one. I'll check back to see if anyone knows what to do. Best of luck,

Dec 01, 2011 08:38 AM
Al Raymondi
Ocean View Realty Group in Ormond By The Sea Florida - Ormond Beach, FL
Ormond By The Sea Florida - Home and Condo Sales

Not being lawyers puts us in a difficult situation for advising our clients in these unique situations Carol.  Be careful.  

Dec 01, 2011 08:41 AM
Marco Giancola
Beachfront Realty - Miami Beach, FL
Realtor (305)608-1922, Miami Beach Florida

Oh my goodness Carol-I read this too late and my old brain is tired. Good luck!

Dec 01, 2011 11:34 AM
Bob Miller
Keller Williams Cornerstone Realty - Ocala, FL
The Ocala Dream Team

Wow Carol, you are out of my league!  Never seen one like that.  Good luck!

Dec 01, 2011 11:57 AM
James Dray
Fathom Realty - Bentonville, AR

Well you have done all you can do.  It is now up to the attorneys to get through the rest of it.  This may take some time so advise your client not to be in any rush

Dec 01, 2011 10:20 PM
Carol Zingone
Berkshire Hathaway Home Services Florida Network Realty - Jacksonville Beach, FL
Global Realtor in Jax Beach, FL - ABR, CRS, CIPS

Tamara: It's going to be interesting, that is for certain.

Michael: True that!

Pamela: I always think there is someone I can learn something from!  This will be a learning curve for sure!

Al: I'm being uber careful on this one!

Marco: Have you ever seen anything like this in your market??

Bob: Thanks, I'll update as we progress!

James: I still feel there is more I can do, but maybe there isn't. Only time will tell.

Dec 02, 2011 12:09 AM
Roy Kelley
Retired - Gaithersburg, MD

Thanks for sharing your experience.  In these cases, our skilled and trusted closing lawyers will make the deal happen.

Colonial Williamsburg photograph by Roy Kelley using a Canon PowerShot G11 camera.

Roy and Dolores Kelley Photographs

Dec 02, 2011 01:29 AM
Rob Thomas
Prestige Homes of The Tri Cities, Inc. CALL....423-341-6954 - Bristol, TN
Bristol TN-VA & Tri Cities Agent, ABR, GRI, e-Pro

Carol .....PRAY!

I've never had to deal with one like this .....it sounds like a nightmare!

I hope it works out for you!  Have a great day!

Dec 02, 2011 11:40 PM
Ron Climer
Keller Williams Realty Mountain Partners - Tryon, NC

    Carol

    I assume from your story which is very vague That your client owns the condo.  There is a first mortgage that I assume is with a financial institution.  Is the hard to find note holder a second lien a individual or institution?  Since your client has listed the property with you, it seems all he wants is out with his $8000.

    I went back and read again are you calling the previous owner the note holder. A note holder is a person that is owed money.  The note maker is the one that owes money.

    I am interpreting the story as your client owns the property evidenced by his certificate of title from the clerk of court with only one lien to a bank.

   You need to talk to someone at that bank that understands that their interest is best served by allowing your client to sell it.  I see no way for your client to get any money. Do you know about jigsaw.com. It is a website  to help you find the decision makers at big companies. Quit talking to a clerk.

    Since there is no way for the previous owner to get any money, I don't think you can expect any cooperation from him.

    Here is my best suggestion.  Buy this condo from your client for $8000 or whatever price you can negotiate. Don't pay him cash. Give him a mortgage with an exculpatory clause.  Move into and live in luxury until it is forclosed on. If you don't want to live there, rent it out depending on how much $$$ it takes to get it ready .

     Before you spend anymore effort trying to earn a commission, get a title search done.  It sounds like there may be more surprises. The best surprise is still no surprise.

    

 


 

Dec 03, 2011 11:12 PM