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Read the contract – it may be a deal breaker not a deal maker



Understand the types of buyer financing

A Realtor® friend of mine called the other day to discuss a dilemma surrounding her short sale listing. In her explanation, she told me that her short sale listing would require some repairs and some pest control work. She also mentioned that she had a handful of offers to purchase the property—the highest of which was a buyer obtaining an FHA loan. She did not know how to proceed.

A+ to my friend, and A+ to anyone who can identify when they need to ask questions and obtain more information before advising their clients.

Here’s the deal. This particular property will require several thousand dollars in pest control work, and the pool needs to be resurfaced in order to be functional. With an FHA Loan (and I am not claiming to be an FHA loan expert), there needs to be an FHA inspection and there are generally items listed on the report that need to be repaired prior to close of escrow. So, in this situation, even if the bank approves a credit for repairs, it may be difficult to make some of these repairs prior to close of escrow. (Yes, I know, that there is a 203(k) rehab loan, and that could also be an option.)

What’s the moral of this story?

Well, no moral. But, I think that there are lessons here for both buyer’s and seller’s agents working in the short sale arena. For buyer’s agents, the reality is that it may prove difficult for your buyer (if s/he is obtaining FHA or VA financing) to purchase a short sale that is in disrepair. “That’s not to say that you are home free with a conventional loan either,” says John Yeager of Summit Mortgage.

For seller’s agents, the lesson learned here is that you really do need to pay very attention to the type of financing that the buyer is going to obtain—especially when you are working on a short sale listing. If, for example, the buyer is buying with a VA loan, this would mean that the bank would have to agree to pay all closing costs. Will that happen? It may. I have closed several short sales with VA buyers, but I have also had a few banks refuse to pay buyer closing costs.

In general, it’s a tough call for my friend because everything will come down to that inspection. But, at least she has identified a problem that may resurface later on. She will also be better equipped to deal with it because she has a plan; she will now be holding back-up offers just in case something happens at the eleventh hour.

So, when working short sales, make sure to have all your ducks in a row, and always have a back-up plan. Wait a minute… That’s not a bad way to live life. Let me conclude once again: In all aspects of your life, make sure to have your ducks in a row, and always have a back up plan.

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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  1. Sally Morris

    November 9, 2010 at 11:57 am

    Of course we would hope all agents are always be aware of what type of financing the purchaser is going to need, but in these new real estate transactions, short sales, are going to be dominating the market place it is the time pay the Closest Attention to the smallest of details in the contract. We can’t take the attitude that I’ve done this before time and time again, it is same old same old, initial here, sign here and let’s get this show on the road. Short sales are a different way of selling real estate than most agents are used to and educating oneself is vital to keep up.

  2. Larry Sarlo

    November 12, 2010 at 8:03 pm

    The initial package is so important and getting it right. But even when everything seems perfect, there is always someone in the loop who will allow things to linger. You got the contracts down, financing out of the way and the negotiator is working the file so you don;t have to. What to do when nothing is being done on your file? Sometimes it’s the bank, or the negotiator stalls the process, Always ask for a supervisors’ name and it the negotiator won’t give it to you, go directly to the lender and ask for the supervisor’s name. I just wrote about this on my blog. It’s so important to have a back up plan even if means escalating the file. Everyone seems to be afraid to upset the apple cart. I agree have all your ducks in a row. Be ready for anything that can cause your sale not to happen in a legitimate time frame. It’s good for the bank they lose less money, the seller gets out, and the buyer gets his home.

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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!



magic eight ball

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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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:



short sales standoff

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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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.



short sales

short sale approval

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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