A preforeclosure short sale application was submitted more than a month ago. Several follow-up calls indicated a loss mit rep would be assigned within 30 days from the lender's receipt of a completed application. The application was missing, I was told, an order from the bankruptcy court judge.
I had to FAX the lender a copy of the bankruptcy court judge's order lifting the automatic stay of relief. No big deal. Just another hoop to jump through.
Bear in mind the seller has no personal responsibility to pay the debt. The debt was discharged in bankruptcy. The sellers simply want to sell the home to avoid having the lender force a Sheriff's Sale.
The market value offer is solid. Its an as-is sale, with no contingencies other than for a mortgage loan which has been preapproved.
Indymac Bank told me I would have to submit a $300 application fee for the short sale request to be considered.
"But" I countered, " You stand to lose $30,000 if this goes to Sheriff's Sale. The sellers have no liability. They could walk and leave you holding the bag. They really have nothing to gain by going through the ordeal of selling. They could simply stay for another 6 months, live 'rent free' and wait for an eviction order...."
"Sorry, but that is our policy. We choose not to save $30,000 by considering a proactive short sale unless we get a $300 application fee. Have a nice day."
This is the 'lending community bending over backwards to help resolve the mortgage meltdown problem?"
I wonder what Indymac's shareholders will think? Credit rating agency Fitch Ratings said Thursday it cut IndyMac Bancorp Inc.'s issuer default rating to junk status due to continued weakness in the mortgage lending market.
I am drafting my letter to Indy's Chairman of the Board, David Loeb. David Loeb, by the way, was the co-founder of Countrywide....and we all know where Countrywide is today. (subject of federal investigations for illegal loan servicing tactics, making false statements to a Fed Bankruptcy Judge, and will either be absorbed by Bank of America... or will declare bankruptcy.)
I think it will be the March column for The Gazette which carries my monthly real estate column. My working title, Good Policy or Short Sighted Stupidity?
An Ethical Approach to Short Sales
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