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Not Even Nostradamus Could Predict the Short Sale Time Frame

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Short Sale Approval Letter Time Frames Are Tough to Predict

I had a call a week or so ago from an agent who had some questions about short sales and short sale negotiations. I get a lot of these calls as a result of my posts, and also because our office provides administrative services to agents who prefer to spend their time in the field and not on the phone.

The call went something like this:

Me: How can I help you?

Agent: I have a short sale and someone told me that you can help me with the short sale negotiations. I’m wondering how long it will take you to get me a short sale approval.

Me: I’m sorry. I cannot really tell you how long it will take to obtain a short sale approval. Each bank has different time frames and slightly different procedures. And, within each bank, time frames may be different depending upon who the investor (note holder) is on the borrower’s loan.

At this point, the agent became very irritated. She was disappointed that I could not give a concrete time frame for a short sale approval. This agent began to question whether I could make a guarantee. Like the tire on an automobile, she stated, I ought to offer a guarantee.

Veteran short sale listing agents and short sale negotiators know that nothing is certain when it comes to short sales. Each and every mortgage lender has slightly different procedures and policies. For example, if the seller has a Wells Fargo Home Equity Credit Line in the second position, Wells Fargo will require a copy of the approval letter from the first lien holder before processing the short sale. In this case, even if you obtained a short sale approval from a first lien holder in three weeks, you would still have to add an additional three to four weeks to obtain that second approval letter.

Before I began my sojourn into the field of real estate, I used to express extreme dismay with my Realtor® husband. I used to wonder how it could be so difficult to get a real estate transaction to close in a timely manner (and this was before short sales). However, once I began to work in the field of real estate, I learned that a transaction requires the involvement of so many parties in order to close—a buyer, a seller, a buyer’s lender, a buyer’s agent, a listing agent, a title officer, an escrow officer, etc. If one of these individuals cannot get the job done, this impacts the performance of the group.

Throw into the mix of this team all of the individuals who must approve and/or work the short sale on the part of the mortgage lender(s); this could involve multiple negotiators and bank personnel. Who knows whether some of these folks might be in vacation or at an office meeting? And, if it is winter and the bank is in the Midwest, who knows…there might be a snowstorm so great that the employees might now make it to work.

There are so many moving parts to a short sale transaction that it would be practically impossible to determine how quickly a short sale lien holder approval could be obtained. Veteran short sale negotiators could probably wager a guess based on their experience with a particular mortgage lender and their contacts at the lending institution. However, no tarot cards or Magic 8 Ball—not even Nostradamus could predict the short sale approval time frame with certainty.

Melissa Zavala is the Broker/Owner of Broadpoint Properties and Head Honcho of Short Sale Expeditor®, and Chief Executive Officer of Transaction 911. Before landing in real estate, she had careers in education and publishing. Most recently, she has been able to use her teaching and organizational skills while traveling the world over—dispelling myths about the distressed property market, engaging and motivating real estate agents, and sharing her passion for real estate. When she isn’t speaking or writing, Melissa enjoys practicing yoga, walking the dog, and vacationing at beach resorts.

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16 Comments

16 Comments

  1. Fred Romano

    July 13, 2010 at 8:58 am

    Oh to be a fly on the wall in the short sales department of BOA! LOL

  2. Durrell

    July 13, 2010 at 10:33 am

    What about the new HAFA guidelines?

    • Melissa

      July 14, 2010 at 1:34 am

      That’s a great question. The guidelines and the reality are still not one and the same. Some of my recent experiences have shown me that banks are still in the HAFA ‘learning phase.’

  3. Sheila Rasak

    July 13, 2010 at 11:43 am

    Not only is each lender (generally speaking) different in proceedure, but they’re only as good as the person (negotiator) behind the desk. I dealt with BofA recently and had an issue come up with his verbal approval (even though we went through Equator) on them paying off the 2nd. Several attempts were made to clarify why my approval letter came in without the said approval. At the end of the day, I was informed that he had been on the job only since May, but I’ve been informed that this is a common occurance at BofA. Their worksheet typically does NOT match the approval letter in relationship to their payoff on the 2nd lien holder.

    Now there’s Ocwen. Sent file via fax….all 98 pages. Faxes received, file marked incomplete. When I called to see what they needed I was told to send another Exhibit C. I tracked down my seller (in the hospital) got signatures from both he and his wife and sent it via fax THAT SAME DAY. Called again on the file the next day…was told the file was incomplete. They needed Exhibits A, B and another statement. Really? And why wasn’t I informed of this the first time I called? The property is distressed, deferred maintenance, I have an all cash offer in a neighborhood that’s clearly declining (1st lien holder asked ME to pay for apprasial report that won’t be reimbursed).

    And yet, I still love my job.

  4. Brad Officer

    July 13, 2010 at 5:32 pm

    I’m seeing a minimum of 60 days on Short Sale Approvals. I have a local attorney that has a staff of 9 that handle all contact and process with the banks, which helps keep me in marketing mode vs. on hold with the bank.

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Coaching

Disputing a property’s value in a short sale: turn a no into a go

During a short sale, there may be various obstacles, with misaligned property values ranking near the top, but it doesn’t have to be a dealbreaker!

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magic eight ball

It’s about getting your way

Were you on the debate team in high school? Were you really effective at convincing your parent or guardian to let you do things that you shouldn’t have been doing? How are your objection-handling skills? Can you flip a no into a go?

When working on short sales, there is one aspect of the process that may require those excellent negotiation or debate skills: disputing the property value. In a short sale, the short sale lender sends an appraiser or broker to the property and this individual conducts a Broker Price Opinion or an appraisal, using special forms provided by the short sale lender.

After this individual completes the Broker Price Opinion or the appraisal, he or she will return it to the short sale lender. Shortly thereafter, the short sale lender will be ready to talk about the purchase price. Will the lender accept the offer on the table or is the lender looking for more? If the lender is seeking an offer for a lot more than the one on the table, mentally prepare for the fact that you will need to conduct a value dispute.

Value Dispute Process

While each of the different short sale lenders (including Fannie Mae) has their own policies and procedures for value dispute, all these procedures have some things in common. Follow the steps below in order to conduct an effective value dispute.

  1. Inquire about forms. Ask your short sale lender if there are specific forms that you need to complete in order to conduct a value dispute. Obtain those forms if necessary.
  2. Gather information. Your goal is to convince the lender to accept the buyer’s offer, so you need to demonstrate that your offer is in line with the value of the property. Collect data that proves this point, such as reports from the MLS, Trulia, Zillow, or your local title company.
  3. Take photos. If there are parts of the property that are substandard and possibly were not revealed to the lender by the individual conducting the BPO, take photos of those items. Perhaps the kitchen has no flooring, or there is a 40-year old roof. Take photos to demonstrate these defects.
  4. Obtain bids. For any defects on the property, obtain a minimum of two bids from licensed contractors. For example, obtain two bids from roofers or structural engineers if necessary
  5. Write a report. Think back to high school English class if necessary. Write a short essay that references your information, photos, and bids, and explains how these items support your buyer’s value. This is not something that you whip up in five minutes. Spend time preparing a compelling appeal.

It is entirely possible that some lenders will not be particularly open-minded when it comes to valuation dispute. However, more times than not, an effective value dispute leads to short sale approval.

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Coaching

Short sale standoffs: how to avoid getting hit

The short sale process can feel a lot like a wild west standoff, but there are ways to come out victorious, so let’s talk about those methods:

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short sales standoff

What is a short sale standoff?

If you are a short sale listing agent, a short sale processor, or a short sale negotiator then you probably already know about the short sale standoff. That’s when you are processing a short sale with more than one lien holder and neither will agree to the terms offered by the other. Or… better yet, each one will not move any further in the short sale process until they see the short sale approval letter from the other lien holder.

Scenario #1 – You are processing a short sale with two different mortgage-servicing companies. Bank 1 employees tell you that they will proceed with the short sale, and they will offer Bank 2 a certain amount to release their lien. You call Bank 2 and tell them the good news. Unfortunately, the folks at Bank 2 want more money. If Bank 1 and Bank 2 do not agree, then you are in a standoff.

Scenario #2 – You are processing a short sale with two different mortgage-servicing companies. Bank 1 employees tell you that they cannot generate your approval letter until you present them with the approval letter from Bank 2. Bank 2 employees tell you the exact same thing. Clearly, in this situation, you are in a standoff.

How to Avoid the Standoff

If you are in the middle of a standoff, then you are likely very frustrated. You’ve gotten pretty far in the short sale process and you are likely receiving lots of pressure from all of the parties to the transaction. And, the lenders are not helping much by creating the standoff.

Here are some ideas for how to get out of the situation:

  • Go back to the first lien holder and ask them if they are willing to give the second lien holder more money.
  • Go to the second lien holder and tell them that the first lien holder has insisted on a maximum amount and see if they will budge.
  • If no one will budge, find out why. Is this a Fannie Mae or Freddie Mac loan? If so, they have a maximum that they allow the second. And, if you alert the second of that information, they may become more compliant.
  • Worst case: someone will have to pay the difference. Depending on the laws in your state, it could be the buyer, the seller, or the agents (yuck). No matter what, make sure that this contribution is disclosed to all parties and appears on the short sale settlement statement at closing.
  • In Scenario #2, someone’s got to give in. Try explaining to both sides where you are and see if one will agree to generate their approval letter. If not, follow the tips provided in this Agent Genius article and take your complaint to the streets.

One thing about short sales is that the problems that arise can be difficult to resolve merely because of the number of parties involved—and all from remote locations. Imagine how much easier this would be if all parties sat at the same table and broke bread? If we all sat at the same table, then we wouldn’t need armor in order to avoid the flying bullets from the short sale standoff.

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Coaching

Short sale approval letters don’t arrive in the blink of an eye

Short sale approval letters may look like they’ve been obtained simply by experts, but it takes time and doesn’t just happen with luck.

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Short sale approval: getting prepared, making it happen

People always ask me how it is that I obtain short sale approval letters with such ease. The truth is, that while I have more short sale processing and negotiating experience than most agents and brokers, I don’t just blink my eyes like Jeannie and make those short sale approval letters appear. I often sweat it, just like everyone else.

Despite the fact that I do not have magical powers, I do have something else on my side—education. One of the most important things than can lead to short sale success for any and all agents is education.

Experience dictates that agents that learn about the short sale process
have increased short sale closings.

Short sale education opportunities abound

There are many ways to become educated about the short sale process and make getting short sale approval letters look easy to obtain. These include:

  • Classes at your local board of Realtors®
  • Free short sale webinars and workshops
  • The short sale or foreclosure specialist designations

As the distressed property arena grows and changes, it is important to always stay abreast of policy changes that may impact how you do your job and how you process any short sale that lands on your plate.

The most important thing to do is to read, read, read. Follow short sale specialists and those who blog about short sales on AGBeat, Google+, facebook, and twitter. Set up a Google Alert for the term ‘short sale’ and you will receive Google’s top short sale picks daily in your email inbox. Visit mortgagor websites to read up on their specific policies and procedures.

Don’t take on too much

And, when you get a call from a prospective short sale seller, make sure that you don’t bit off more than you can chew. Agents in most of America right now are clamoring for listings since we are in the midst of a listing shortage. But, if you are going to take on a short sale, be sure that it is a deal that you can close. And, if you have your doubts, why not partner up with a local agent that can mentor your and assist you in getting the job done? After all, half a commission check is better than none!

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