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The Nightmare of the Short Sale Saga

By
Real Estate Agent with Leading Edge Properties

This morning I read with great interest the following blog post by Todd Clarke:

http://activerain.com/blogsview/823171/Putting-our-experiences-together-to-make-the-banking-experience-better-for-all

His most wonderful idea is to gather together all our nightmare short sale/foreclosre stories in one group which could then be forwarded to all our congressmen and representatives. 

This idea was touched upon in several comments on Kent Simpson's awesome blog post:

http://activerain.com/blogsview/819692/Paralysis-By-Analysis-An-Open-Letter-To-Lender-Loss-Mitigation-Departments

There are probably other blogs that have talked about these issues. I confess, I haven't ready every post on every blog.  But these two have been posted just in the last couple of days, and I happened to find them.

ActiveRain, over 123,000 members strong and VOCAL, for goodness' sake, should be able to mount a grassroots campaign to inform our legislators what is going on out here.  Is it about throwing more money at the problem?  Maybe, maybe not, but certainly the vast majority of Rainers have had some experience dealing with the meltdown, and as the trained professionals working in the field, we need to make our voices heard by those who enact the laws.

One of the biggest problems, IMHO, is the fact that in the largest mortgage companies, the right hand doesn't seem to know what the left hand is doing.  How many times have you presented an offer for your buyer on a home listed as a short sale possibility?  How long do you have to wait to get an answer from the lienholder?  Weeks? Months?  This is not uncommon.  You may finally get an approval on your buyer's offer from the loss mitigation department only to find out that its too late; the foreclosure department, IN THE SAME COMPANY, is proceeding with the foreclosure process. 

Another major concern I've seen and heard about is that borrowers must be at least 3 months behind in their payments to even get their loan company to deal with them on a modification or forebearance.  In effect, this actually increases the problem.  Borrowers who know their rates are getting ready to adjust and that the new payments will be beyond their financial means can't head off the problem before its too late.  The vicious cycle starts anew.

Ultimately, the banks and lienholders are holding "toxic debt" i.e.: properties with huge unpaid mortgages on them which are now worth a fraction of that mortgage value.  But these properties still have VALUE.  And the sooner these properties can be sold for their value today, the better off the lienholders would be, wouldn't they?  Each month that goes by, a particular property is, in effect, losing value.  A potential buyer of a distressed property may be willing to pay, say 85% of what is owed at the time of offer writing.  But what happens in the intervening 2, 3, or 6 months it takes the lienholder to review the file?  Prices continue falling, thus, appraised value falls.  If the lienholder had been able to take advantage of the ready, willing and able buyer at the time when the offer was written, they would have been able to cross that one off their books.  Now, some months later as the loss mitigator is evaluating the offer and accepting it, the appraiser does his job and finds the value to be more like 75 or 80% of the mortgage owed.  The bank just lost that money.  And that's one of the reasons our commissions are being attacked.  The bottom line, baby.

I'm certainly no financial whiz.  I'm with the majority of Americans who barely understand mortgage backed securities and the resulting meltdown.  What I've discussed here is my own personal perception of what's going on in this corner of the real estate world.  Our area of the Eastern Panhandle in the state of West Virginia has one of the lowest rates of foreclosure compared to the rest of the country.  I'm thankful for that, but we are still dealing with them. 

I still have to work with clients every day who are frightened and confused about what is happening and what might happen to them in the future.  I don't have any easy answers for them.  I'm not suggesting that there is one easy formula to be put in place that can deal with this mess, but there has to be a better way or ways. 

And I'm frankly tired of Realtors, as a whole, being dumped on with the same ferocity that is ususally saved for the predatory lenders.  We Realtors are on the front lines of this issue.  We need to make our voices heard to those that can help effect change in the system. 

So, Todd and Kent, thank you for the impetus I needed to jump on this bandwagon.  I will be adding to the Blog Group Todd has created.  And I will be encouraging others in my field to do the same.  ENOUGH IS ENOUGH!

 

Posted by

askleadingedge.com

Amy Salisbury, Realtor/Owner

                                 amy@askleadingedge.com     www.askleadingedge.com

 Leading Edge Properties

130 Augustine Avenue, Unit 54, Charles Town, West Virginia 25414 

304.724.9191

Striving to provide excellent customer satisfaction in all things real estate related in the beautiful Eastern Panhandle of West Virginia, just an hour west of Washington, DC and Baltimore, MD.

Serving Jefferson County: Charles Town, Harpers Ferry, Shepherdstown.  Berkeley County: Martinsburg, Inwood, Bunker Hill, Falling Waters, Hedgesville, Gerrardstown.

Please feel free to email questions and comments!

Comments(5)

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Kent Simpson
Realty One Group Mountain Desert - Tucson, AZ
Real Estate Is About People

Amy - thanks for mentioning me in your post.  The idea of uniting as a voice and a force is an interesting idea.  I'm going to check out Todd's post!

Dec 07, 2008 02:03 PM
Todd Clark - Retired
eXp Realty LLC - Tigard, OR
Principle Broker Oregon

Amy,

Thanks for mentioning my group and I can say it certainly is growing! I am going to be doing a radio show on Tuesday that I will also be mentioning this group. Here is a link to the group for those of you that don't know how to find it. Short Sale and Loan Modification Nightmares

Todd Clark, Helping Families Home - www.IFoundYourNewHome.com

Dec 07, 2008 04:10 PM
Amy Salisbury
Leading Edge Properties - Charles Town, WV
West Virginia Realtor/Jefferson/Berkeley

Kent and Todd - You both really got me thinking about this mess.  Lenn Harley also talked about the banks setting the loan amounts of distressed properties at their true market values.  Even if the owners still couldn't afford the payments, at least they'd be able to sell the properties and not ruin their credit too badly. 

I think there's a way out of the meltdown and its time that we, the realtors and lenders talking to real owners and borrowers, are are a part of the discussion and ultimately, the solution.  Thanks to you both!

Dec 07, 2008 07:03 PM
Larry Bergstrom
Crescent Realty, Inc. Spanaway, WA. - Spanaway, WA
CNE, CRS, GRI

Wow, I bet things really get hot around your office coffee pot! It's great for us to talk about it, but doing nothing but talk gets no results.

As for me, I decided to get actively involved in both my local and State Associations.

The Realtor community needs people with a zeal to overcome the pit-falls in our industry.  I would love to see someone with as much conviction as you, become part of your local or State legislative committee.

That's the way we make changes.

Dec 16, 2008 01:39 PM
Amy Salisbury
Leading Edge Properties - Charles Town, WV
West Virginia Realtor/Jefferson/Berkeley

Larry, Thanks for your vote  of confidence!  While I am not yet involved on the State level, I am currently the chair for one of our Education Sub-Committees: REDS (Realtor Education Development Solutions).  We host a monthly lunch & learn for any local board member, lender, business partner who wants to come and discuss timely topics with featured speakers.  We've addressed short sales and foreclosures twice in the past year.  These are very well attended, and we all learn a lot. 

Though I don't see myself personally involved at a higher level in the next year or so, I do see myself making a lot of noise at our local Board!  Fortunately, The Eastern Panhandle Board of Realtors has some excellent people in place who ARE involved at the state level.  In fact, our 2 state reps to NAR are members of our Board. 

I guess I'm just tired of the whining, hand-wringing, and negativity.  Its time to take action and make a difference. Thanks again for commenting, I'll be posting more on this topic in the future!

Dec 16, 2008 08:39 PM