How to Save Your Client $63k during their Short Sale

Negotiating short sales can be amusing at times.  I’ve had times where banks have responded asking for a counter offer or cash contribution to such a level that it was actually MORE then the amount owed on the mortgage.   Sometimes I truly believe the negotiator for the bank is just testing you to see if you have even the slightest clue what you are doing.

Recently I had a deal where the 1st lien holder countered back on price, just a little but then required the home owners to sign a $63,000 promissory note if they wanted the short sale approved.  What was so amazing about this request was the fact that the sellers total debt to income AFTER removing the mortgage payments was over 87%.  So with $10,000 of total income and after the mortgage payments were removed they still had $8700 a month in bills and only had $1300 left over for the family.  No even close to being manageable.

So how did we go about getting the bank to remove this request entirely?  Quite simply we asked; we asked and supplied data to back up our request.  We had the home owners review and update their Financial Worksheet and noted specific numbers about their total income prior to tax and their total debt in an average month!   As simple as it sounds many times from the seller side we get very upset and aggressive when the bank counters with requests not grounded in the real numbers.  The key for us was staying calm.  We politely asked that they review the most recent Financial Worksheet and verify if they saw the same thing we did; that their debt to income would still be over 85% after the short sale were complete.  Additionally there were no savings or retirement funds to be used.  We asked the bank if they did see the same thing we did if they felt there was any way the sellers could contribute monthly to such a substantial promissory note.

The bank responded in less than two business days with a full approval at our contract price, removed all requirements for a promissory note and beyond our expectations released them of the unpaid balance.

This could have gone many ways but I guarantee you that if we were afraid to actually engage in a negotiation with the bank and provide real date to back it up we would have lost but the home owners would have been the biggest losers in that scenario.

Maybe you read this article looking for some magic trickery to dupe the bank or a negotiator.  The real secret to success is knowing the numbers and also understanding the dynamics for a bank negotiator.  If you provide the negotiator with real and powerful data to support your request you give them what they need to have their supervisor sign off on an approval.  In short you help them to cover their own asses with their bosses.  Everyone wins!

Auction Sales – Home Owner Beware!

The home owner NOT the Listing Realtor or Short Sale negotiator is the best resource for knowing if a home has an auction sale date.  I urge all Realtors and negotiators to be very clear with their home owners in distress.  Let them know that you will always ask the bank if a sale date has been set they are the last line of defense, not you.  Notice of a sale dates are sent to the home owner by certified mail and if they are not living in the home they should give their lender a proper forwarding address or have someone who is checking their mail for these notices regularly. [Read more...]

Short Sales and Mortgage Insurance

Mortgage insurance (MI) adds a level of complexity to short sale negotiations that we would all rather do without.  If a home owner has a loan or refinance from the end of 2005 or newer there is a chance that the lender themselves took out their own mortgage insurance policy.  Even if the home owner believes they are not paying MI, the bank may have their own policy opened on the loan. [Read more...]

Bank of America to Lift Foreclosure Hold

In the short time from our last news letter highlighting the Ally Financial foreclosure debacle and the ‘Robo Signers’, much has transpired.  Bank of America stepped up and actually placed a hold on foreclosures in all 50 states.  Exciting news initially as I hoped to see the other big players follow suit. 
 
I mentioned last week on another webinar that I was told by a Bank of America representative that according to their internal information the hold was only effective until November 1st, 2010.  Yesterday in the news I read the same statement (via Yahoo news).  I am hoping this will change as we need every tool lately to get the sales approved. [Read more...]

Bank of America latest to put hold on foreclosures

Okay now it’s getting a bit crazy out there.  If you have been under a rock maybe you don’t know what’s going on.  Ally Financial (formerly GMAC) has admitted to not reviewing the documents before approving the foreclosures.  The result being blamed on workload (10,000 cases / month).  Jeffrey Stephan with Ally admitted to this a few weeks back.  Soon after JP Morgan and B of A stated they were stopping foreclosures in those states.  The 23 states referred to are judicial foreclosure states meaning a court order is needed to complete a foreclosure.  These types are beneficial to a home owner because it required more documentation and proof.  [Read more...]