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Joe Leksich

Short Sales Part 1

By: Joe Leksich
Monday, October 08, 2007 4:27 PM

Below is the blog I posted on my website.  I have been doing a lot of prospecting for short sale leads and my latest effort was a follow up letter to the local mortgage brokers.  I encourage them to send me leads of homeowners who have come to them to refinance their home because they no longer can afford the payments and so on.  I let them know that the leads that they can not qualify to refinance are great leads for me to talk to about short sales.  
In an effort to make my blog more interactive, I encourage them to visit my website and go to my blog to learn more about short sales and post any questions or comments they have.  Since short sales are very detailed I decided to break it up into a few parts. I thought it would be a good idea to share my post with everyone here too, so here is part 1. 

 

What is a Short Sale?

A short sale is when the net proceeds from the sale of a home are not enough to cover the sellers mortgage.  The bank accepts the net proceeds which is the money left after the sellers closing cost that have been paid.  Those cost include: real estate taxes, deed, title fees, survey, and real estate commissions.  Another cost that can be included in the short sale is the delinquent interest on the loan, late fees and attorney fees.  If you are delinquent on your mortgage, these fees add up very quickly and raise the payoff of your mortgage.

Example:

Mortgage                            $120,000
Sales Price                         $100,000
Closing Cost                       $   7,000
                                          -------------
Deficient Balance                 $ 27,000

The deficient balance is what the bank takes as a loss at the sale of the sellers home.  So why does the bank willingly take $93,000 payoff for the $120,000 that is owed?  Simply put, Banks Deal In Money NOT Real Estate.  They do not want to foreclose on the homeowner.  Foreclosure is expensive for the bank and quite frequently they will have to sell the home for less than what the home could have been sold for in a short sale.

Who is a Short Sale for?

There are lots of reasons to consider a short sale, but the most important thing to remember is that you MUST be able to prove a legitimate financial hardship in order to qualify.  With that said, short sales are for people who no longer can afford their home. 

  • Loss of employment and no longer able to keep up on your mortgage
  • Refinanced your home to pay off consumer debt and no longer can afford the higher payment
  • Bought at the top of the market and now your home is worth less than what you paid and you can not afford to bring money to closing
  • Have an adjustable rate that has adjusted and the payment is no longer affordable
  • You have fallen behind and can not catch up on your payments

There are many reasons you might consider a short sale.  Everyone has their own unique situation and each situation needs to be carefully looked over.  We have dealt with many families in many situations to help them determine if a short sale is their best option.  We have the experience and knowledge to carefully examine your situation and explain your options.  Maybe we can help you find a way to keep your home.  If that is not an option, we can show you how a short sale works and what the pros and cons are.

In my next post, we will discus the pros and cons of a short sale.  I will also explain the process of a short sale and what documentation will be required from the homeowner. 

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Comments

Ed Boyer
Member Since '03

Ed Boyer said:

A very appropriate post in these times. I look forward to your future posts on the subject. Thanks for sharing

Ed

October 8, 2007 5:14 PM
Steven Burnett
Member Since '06

Steven Burnett said:

Nice!  Keep some more coming.

October 8, 2007 5:48 PM
Gregory Bain
Member Since '03

Gregory Bain said:

Joe, have you done one where there are two or more mortgage companies? First, Second, and third mortgages are not uncommon now a day. Do you think the 2d and 3d guy in line is going to accept that pay off?

October 8, 2007 6:43 PM
Shelly  Constantz
Member Since '07

Shelly Constantz said:

I'm trying to do one right now where it is the second that would eat it.  first would get paid off, so don't need to get their ok.  We are hopeful the second will say yes when we can get an offer or they are likely to get nothing if the owner defaults.  First will get their money, but second will be lucky to get something if we can sell it in a short sale.  but we shall see.

Also, Joe you did see where the house has approved the bill that says no 1099 issued with a short sale?  are you keeping an eye on that?

shelly

October 8, 2007 7:37 PM
Gregory Bain
Member Since '03

Gregory Bain said:

Shelly, are you saying the second mortgage company 'must' eat it? I don't think they are going to go peacefully, if you know what I mean. If the first mortgage is not going to give the second mortgage holder a piece of the pie, I don't think it will ever close.

October 8, 2007 7:43 PM
Joe Leksich
Member Since '06

Joe Leksich said:

Gregory,

I have done a few with a first and second.  Never done one with a third.  Never seen a house with a third.  

There is an investor I know who looks for short sales with first and seconds.  He likes those the best because he gets the second to take next to nothing to release their mortgage.  

When dealing with a first and second, you have to show the second that they are likely to get NOTHING if the home goes into foreclosure.  Then you need to get the first to offer the second $1000 (or more) to release the note.  This is very common.  

It is best if you submit a BPO/CMA on the property so that they know what the true fair market value of the home is.  More than likely they will order a bpo from a outside source to get another opinion.

Shelly,

I did not hear they approved it.  That is news to me.  I will have to do some research.  Any idea when the bill will go into effect?

With your short sale, is the seller delinquent on the mortgage??  If they are, the payoff will skyrocket in no time.  So you need to find out from the first what a accurate payoff is.  Good luck

October 8, 2007 8:33 PM
Gregory Bain
Member Since '03

Gregory Bain said:

Joe, it does sound like you have some experience. So go ahead and write what you know. It will make a good blog.

BTW if a CMA will show a sale for more than what you want the bank to accept on the short sale, how do you show that the comps at the time of sale produced better value than they would today, less than six months later? That is, condominiums sold for a higher dollar value as long as there was only one condo on the market. But, now there are five similar units and each week one leap frogs over the other to become the cheapest one on the market.

October 8, 2007 8:54 PM
AL Azcano
Member Since '07

AL Azcano said:

Agree with Joe on the short sale, which is not only doable with a second mortgage but if he knows how to really negotiate with the 2nd mortgage note, the home owner can walk away with money in his/her pocket. I was a witness to this in 1999 and very amazed at how it was done.The homeowner in distress had a mortgage of $72,000 was behind 3 months and a second mortgage for about $12,000. The very savvy mortgage broker that helped close the deal knew what he was doing.The owner of the property was living out of town working in a new job. He could not believe when his wife told him that he was going to get a check for more than 10 grands !

 Yeah, very familiar with this type of deal, should be, I was the lucky homeowner.

October 8, 2007 9:58 PM
Joe Leksich
Member Since '06

Joe Leksich said:

Gregory,

I do a lot of BPO's for banks.  They will want to get 2 or 3 opinions of the value of the property.  If it is in a declining market, like you are talking about, they will want comps no older than 6 months.  

When you do your cma you would want to use the most recent comps.  

Also, the bank is going to have a percentage of loss they can accept.  So, if the subject home has a mortgage for $120,000 and your cma shows it is worth $100,000, the bank is going to use "Fair Market Value" to determine an acceptable loss, not what is owed on the home.  I find that most banks want to recoup 80% of the fair market value.  So if you are in a declining market, you have some room to work with.  

Al,

I am confused.  Did this home sell or did you refinance?  I have never seen a homeowner walk away from close of a short sale with more than $1,500.  Sounds like fraud to me.  Why would the bank take a loss on the mortgage so the homeowner (who is behind on their mortgage) get to walk away with money in their pocket?  Was there a lot of equity in the home?

October 9, 2007 2:35 PM
AL Azcano
Member Since '07

AL Azcano said:

Joe,

The lucky homeowner was living in another County.There was a second mortgage and that second mortgage was negotiated don't ask me how. There had to be some equity otherwise like you said ( smells like fraud).The property was sold, the first mortgage was paid and the distress homeowner was saved from going into Foreclousure and damaging his credit.The mortgage Broker was so skillfully good and agile that he was able to take the Active Listing from another Realtor without paying any commision to him.Of course the other Realtor was doing a disservice by dragging the sale and not showing the property, I sensed that and immidietly found this Mortg. Broker willing to help.He moved out of the Attorney Firm were he worked, out of state and never heard from him again. I can give you his name, and if you locate this guy I will want to thank him for what he did.To answer your question, the Bank that took the loss was the Second Morgtgage BANK, for sure.

October 9, 2007 3:28 PM
Dan  Grammatica, e-PRO
Member Since '05

Dan Grammatica, e-PRO said:

In CT the banks can go after the Deficiency, unless you go Bankrupt. But if you have anything they'll come after you, it isn't easy to hand over keys, here.                  

October 10, 2007 7:27 AM
AL Azcano
Member Since '07

AL Azcano said:

The second mortgage was approved by a private investors from an out of state Bank.How the mortgage broker managed to negotiate or discount that second equity loan is a great mistery to this day, for myself and every so called "expert" that I tell the story.No one so far has been able to explain in detail how it was done.

October 10, 2007 8:53 AM
Shelly  Constantz
Member Since '07

Shelly Constantz said:

Joe, I heard it passed one, either the senate or the house, and now has to go to the other, so not a done deal yet, but working on it!!

I don't know what is going to happen with our short sale.  We had a very good prospect this past week, Very Good!!  and my homeowner was there for the second showing, and proceeded to talk ALL about it and scared them off.  Nice, huh?

Shelly

October 11, 2007 6:22 AM
Joe Schutt
Member Since '06

Joe Schutt said:

I am going through my first experience with one right now. You'll love this one.

My listing, on the market forever. With another broker and now me. He told me that he really needed to get out of it, but that was it. I have had it since January and slowly knocked it down about 110,000 from the original listing price. I told him finally that he needed to think about how much he was willing to lose at this point, not if he was going to break even or not.

So, I finally get it to where it needed to be and we got an offer 3 days later. Negotiate, UAG, went through the inspection, negotiated some of those items and then....the homeowner tells me that his bank is going to be sending me something and to call him when I get it. He is applying for a short sale. Thank you for telling me before this. Now the poor buyer is waiting in limbo and missed out on locking a great rate.

I told him he should have come to me sooner and we probably could have made him a bit more money on this and closed it much sooner. I hope he learned his lesson.

October 11, 2007 7:10 AM
AL Azcano
Member Since '07

AL Azcano said:

In Trading they call it A STOP LOSS, in a short sale the homeowner has to see where his Stop Loss would be in relation to the other variables. What a challenge, would not touch it with ten foot pole, IMHO

October 11, 2007 11:19 AM
Cathy  Clark
Member Since '06

Cathy Clark said:

Al, you just gave me a deja vu.  Stop Loss.  Insurance term, as well!

Until lenders begin to be more cooperative, short sales are going to be the proverbial pain in the knickers.  Toss in the 2nd and/or a mechanic's lien and all hell breaks loose! Buyers seem to think that foreclosures, short sales, and REO are quick sales!  I spend more time explaining how they work, the time and aggravation involved.  Better just to haul your butt next door and buy the traditional resale.  Same house, same price, fewer headaches and sellers willing to negotiate price and terms.

October 11, 2007 11:35 AM
AL Azcano
Member Since '07

AL Azcano said:

Looks like there will be thousands more short sales in the near future if the 30yr Bond breaks down key support levels, already did but it needs to close above, otherwise look out below, if it goes to test last summer's low the 10yr bond (tied to mortgages) will follow. Don't worry folks: Realtors to the rescue. We have the technology all we need is raise the resiliency level.  

The Good, The Bad & The Housing : Nomura's David Resler tells Bloomberg that Q3 growth may be revised upward-( bad news for Bond Traders), but Q4 should be much weaker "lucky if we hit" 2%. As for rates "would think the Fed would be a little disturbed and concerned by a rising unemployment rate and slowing economic growth and want to take further action to head off a recession." Housing isn't "anywhere close to the bottom...either in terms of  its impact on the finance markets or...on the overall economy."

October 11, 2007 2:49 PM
Shelly  Constantz
Member Since '07

Shelly Constantz said:

Wow Joe, the buyer could walk now and yoiur seller will be in worse trouble!!  

Shelly

October 11, 2007 2:57 PM

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