Wondering Around Makes My Head Hurt
Unfortunately I am going to pick on Activerain here for a bit. Not because it’s an evil entity, but because it’s where I find the WORST real estate advice being given by “peers”. I have no issue with Activerain charging fees, I have no issue with the point system, nor do I care that writing to other agents is a waste of time…..wait, what!?!?! Oh, never mind….
My issues with Activerain are the users. The community as a whole, seems to just abuse the system and each other. Friday night I went on a tangent on Twitter about what I was reading on Activerain. Yes, I wondered in there, because as I wanted to know what was on our local agent’s minds; so that I could better develop programs. I hate when I wonder into Activerain (if it were some other venue like it, I would hate it too.) My issue is not the sharing of listings or marketing ideas, but rather the sharing of advice – very bad advice – that should be coming from Brokers and attorneys to agents (usually new agents).
Increasing Your Liability for 100 Points
in this very litigious industry, agents open themselves up to even more litigation when they express their lack of knowledge in an open forum. When an agent goes out and shares information about a particular transaction, in order to ask a question, they often times violate their mandated confidentiality and proceed with telling the world that they haven’t a clue what they are doing. So, if you’re an attorney out there, that has the privilege to sue an agent for negligence, please go search their posts on Activerain as evidence that they hadn’t a clue as to what they are doing!
How Do You Define Peers?
On Friday night I read a post asking for counsel on a certain practice of real estate. I found the post after 70 comments had been made and frankly only read the first five. The first five violated two laws in Virginia, 2 local MLS policies and had 3 Code of Ethic violations. Grant it, the advice givers may not have been licensees and not Realtors, so the Code of Ethics wouldn’t apply; but that just proves my point.
I believe in the counsel of peers, but how are you defining peers? Here’s what I think you should consider:
- Are they licensed in your same state? (and competent)
- Are they bound by your company’s policies (and competent)
- Are they bound by your MLS policy (and competent)
- Are they bound by your Code of Ethics (and competent)
- …Are they going to be sitting next to you in the court room?
If the above questions aren’t clear enough, let me say this – counsel from anyone who isn’t your Broker or Corporate Counsel (an attorney as staff or retainer, hired to protect your business) they aren’t peers and it’s just noise. If your Broker isn’t competent – you’re in the wrong brokerage and need to leave. He he or she is competent, than why do you feel the need to ask for legal advice from other “bloggers”?
But I Like To Help Others
You may be asking how I can write this on a blog designed to give advice to agents. Easy, if I am going to give legal advice, it’s going to have a reference to it, such as title such-in-such of such-in-such has this to say…. and then let the reader decide.
Otherwise, I think that sharing marketing ideas, new technologies, sales approaches and such is far different than how to handle disclosure issues or what terms to put in an offer to purchase.
Just to Be Fair
The premise of my post is not just targeted to Activerain, but to the “Breakfast Clubs” that exist at so many companies. I’ve been to many offices where there are a contingent of nefarious gossips, who have moderate business coming in and typically use the office as a place to meet other sycophants who sit around bad-mouthing whoever is not in the room, complaining about the market and showing no real interest in engaging those not in their clique. You know the types….they do all this, but still consider themselves the sages, because they’ve been licensed for 300 bazillion years. (Listen, if you do it wrong for 30 years – it’s not right today) Honestly, if these folks knew so much about real estate – how do they have so much time on their hands? The good part is that these bad-advice-givers typically are only in the office from 10-1 and then go to lunch together and then home to watch the o’Reilly Factor….
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!
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.
- 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.
- 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.
- 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.
- 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
- 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.
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:
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.
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 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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