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Short Sale Negotiations and Utility Bills

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

short salesAn agent contacted our office the other day and was curious as to why the short sale lender would want to see a utility bill. “What does a utility bill have to do with the mortgage loan?” she asked.

Great question. On the surface, it would seem that the short sale transaction and the mortgage loan has absolutely nothing to do with the utility bill for the property. But, if you dig deeper into the short sale process, you will see that the utility bill has a great deal to do with relocation assistance—something that is common in short sale transactions. 

A HAFA short sale, the government’s short sale program that allows for $3000 in relocation assistance for sellers that currently or previously resided on the property, requires proof that the property is not a rental. That proof comes in the form of a utility bill. You see, the utility bill shows seller’s property address, and also shows where the bill has been mailed. So, if the electric bill is mailed to Mickey Mouse at his Burbank address, the lender would know that Mickey currently does not reside at Disneyland. And, if he does not reside at Disneyland, then he may not be eligible for the HAFA relocation incentive.

And, while we are talking about utilities, we often see that the seller moves out of the property and cancels all of the utilities. The California Residential Purchase Agreement states that the property needs to close in the same condition it was in when the property was shown and the offer was written. It also refers to the fact that the seller cannot turn off the utilities. “Seller shall have water, gas, electricity, and all operable pilot lights on the Buyer’s investigations and through the date possession is made available to the Buyer.”

So, in the case of Mickey Mouse, no matter whether he has moved to his Burbank location or whether he still resides at Disneyland, he needs to leave the utilities on through close of escrow.  (And, by the way, the last time I was at Disneyland Mickey still resided there.)

 

(photo credit)

 

Comments(9)

Elite Home Sales Team
Elite Home Sales Team OC - Corona del Mar, CA
A Tenacious and Skilled Real Estate Team

I am tired of the amount of fraud by the individuals involved in the free money. 

Sep 13, 2012 02:16 AM
David Grbich
Realty One Group - www.FindCARealEstate.com - San Juan Capistrano, CA
Orange County Real Estate - 949-500-0484

Good advice - best to be an honest seller when it comes to real estate . . .

Sep 13, 2012 02:25 AM
Terry McCarley
Coastal Real Estate - Cape Coral FL - Cape Coral, FL
REALTOR, SRES, CDPE - Cape Coral, FL

I haven't had any banks request a utility bill on any of my short sales but after reading this I certainly see why they could and probably should!

Sep 13, 2012 02:26 AM
Fernando Herboso - Associate Broker MD, & VA
Maxus Realty Group of Samson Properties - Clarksburg, MD
301-246-0001 Serving Maryland, DC and Northern VA

That is the quickest way they can see if is a primary residence. . I never experienced this but I can understand  why this is being asked. .

Sep 13, 2012 03:33 AM
Morris Massre
Pembroke Pines, FL
Real Estate Instructor Broward County Florida

We don't have to do so here in South Florida and I don't know if that is good or bad.  Depends on which side you are on.  However, if you do turn them off you can have them turned back on for a day for an inspection at least if necessary.

Sep 13, 2012 04:36 AM
Jane Peters
Home Jane Realty - Los Angeles, CA
Los Angeles real estate concierge services

You are such a mine of information on short sales, Melissa.  I learned something else today.

Sep 13, 2012 06:22 AM
William J. Archambault, Jr.
The Real Estate Investment Institute - Houston, TX

 

Wow Milissa!

You did a great job on part of the issue.

Utilities include sewer and water that are often government or HOA ownered and become prior liens that stay with the property if not paid. Many a home buyer has been unpleasantly supervised.

Some areas attach hospital bills to the property while I’ve never heard of them getting priority status like property taxes or some sewer and water they do have to be paid to clear a title in a short sale!

Municipalities (sewer and water) bills have no incentive to negociate because their bills often survive foreclosure. Hospital bills don’t normally survive. It’s all according to local law, so check!

Buyer’s problem come from timed incompetent agents! Pulling a preliminary title report and a credit report at the time of listing could locate potential troubles. It’s foolish to assume some one who is in trouble with their mortgage doesn’t have other problems both know and unknown to them!

Unlike foreclosure a short sale requires all liens to be settled!

Bill

Sep 13, 2012 08:16 AM
Lloyd Binen
Certified Realty Services - Saratoga, CA
Silicon Valley Realtor since 1976; 408-373-4411

Melissa, I'm glad Mickey is still at Disneyland; somethings never change.  Personally I'm glad the lender is verifing occupancy before they hand over $3,000 of taxpayer money for relocation.  If the seller used to reside at the short sale residence but moved-out a few months prior to COE and changed their mailing address, it'll look like a rental.  I guess the lender will want to see older utility bills?

Sep 13, 2012 10:14 AM
Lori Bowers
La Quinta, CA
The Lori Bowers Group

good information and yes - we too have been asked to provide utility bills for the property on a short sale and even as a condition on a loan on a regular sale and for refi's too.

Sep 16, 2012 01:53 AM