Wednesday, October 22, 2008
by Andrea Burke
Definition of a short sale according to NAR: "short sales are defined as a transaction where title transfers; where the sales price is insufficient to pay the total of all liens and cost of sale; and where the seller does not bring sufficient liquid assets to the closing to cure all deficiencies".
When you see a listing that says "potential short sale" or "third party approval", the price that is on the listing is a price that the Seller is hoping will attract buyers - it does NOT mean it's a price that the bank is willing to accept.
Listing Agents are supposed to change the status from active to CONT/NO KO once an offer has been accepted by the seller and EMD given to the listing brokerage. However, many are still showing them as active and submitting multiple offers to the bank. So, when we have Buyers interested in a potential short sale, we need to first call and see if an offer has been submitted to the bank for third party approval. And if it has, we contact the compliance manager for our multiple listing service and notify them of the violation.
In our brokerage, we use a special addendum when writing a sales contract on potential short sales that clearly spells out what a short sale is and allows the Buyer to establish a timeframe for how long they are willing to wait for response from the bank. 45 days is the very MINIMUM it will take - sometimes it's up to 6 months!
Some banks allow the Sellers to submit the hardship paperwork upon the listing of the property. This saves a HUGE amount of time in the process down the road. Other banks will not allow any sort of communication until an offer has been received, and then the long process begins.
Depending on the circumstances of the hardship, some banks will forgive a portion or even all of the balance due between sales price and loan amount. Other times a note will be written at the time of closing for the entire balance. Not all potential short sale scenarios are accepted by a bank - if it is an investment property and the Seller has other assets, they may require them to liquidate and pay the difference!
I know that Buyers today are looking for a GREAT DEAL, but it's not always found in potential short sales. Often they wait for a very long time for an answer from the bank and get extremely frustrated in the process, finally get out of it and are so angry they will NEVER submit another offer on potential short sale, and often blame their Agent as well.
If you have a LOT of patience and are in a living situation where you can stay for an indefinite amount of time, they may be worth your while. But if you are about to become "homeless" as lease is up, your house is about to be sold, etc - this is NOT a good idea!!! Foreclosures are priced below market price and usually can close within 30 days like a normal transaction. And prices have come down to the bottom on resale homes, and they can certainly close within 30 days as well.
If you have any questions, please don't hesitate to call me 304-261-8517 - or send me an email ask4andrea@mris.com. I have represented both Buyers and Sellers on short sale transactions and will give you honest answers, as always!
Take care,
Andrea