Email ElizabethAuditing a Bank of America FHA Short Sale
If you think a Bank of America FHA short sale is a nightmarish experience, consider auditing the file. Bank of America negotiators who work with FHA loans slated for short sale routinely audit those HUD files before submitting the file to Quality Assurance. This is where the file gets held up or set aside to rot in a pile of forgotten paperwork. Because I am betting that 9 times out of 10 those files are incomplete or wrong. This is not necessarily the fault of the negotiator at Bank of America as much as it is the fault of the Sacramento short sale agent.
I know you didn’t think I would say that. But I see the offers that come in on my Sacramento short sales, so I know the mistakes that are made. Logic has it that if there are that many mistakes in a purchase offer, imagine some of those negotiations. Agents are not known, to be kind about it, for their paperwork skills.
You might say but wait, Elizabeth Weintraub, you are a Sacramento short sale agent. Are YOU known for your paperwork skills? Actually, I am. Because once upon a time in a faraway land I was a Certified Escrow Officer. Those skills are very helpful to me in processing and negotiating Sacramento short sales.
So, this morning, I audited a file on behalf of Bank of America. I am not waiting for the negotiator to tell me what is missing. I have closed so many FHA short sales that I know what’s required and could probably recite it in my sleep. There are clauses that must be contained in the purchase contract. The address must be spelled out on every single document and complete. All parties need to be in contract with no expirations regarding terms or conditions. Those are just the simple things. There are also more complicated things.
I am presently working on a file in which the deceased mother of the seller was once noted by mistake on a promissory note. No doubt caused by a loan processor somewhere and not caught by an escrow officer. The mother was not on the mortgage. She was never on the title. She had no interest in this property, but a paperwork nightmare was created when her name showed up typed on a promissory note. The problem that is caused is the bank can’t issue approval without the execution of documents by a person who is no longer on the face of this earth. Bank of America wants the deceased’s name on the documents and the deceased to sign off. Unfortunately, the HUD cannot reflect a person’s name who is not on title. See the dilemma?
But this why you can rely on a Sacramento short sale agent who was once an escrow officer. I drew an addendum to fix the mistakes made by the negotiator from Bank of America and submitted the addendum for signature this morning. I’m not waiting for the negotiator to discover his own mistakes. And that’s what makes the difference between a Sacramento short sale that closes and a short sale that falls into the abyss.
The Eddie Izzard of Short Sales
This is like the Eddie Izzard of short sale stories, a Chase Bank short sale in Rancho Cordova. I mention Eddie Izzard because we went to Mondavi to see him last night. He is such a hilarious performer. We were all of 3 people, my husband says, who watched The Riches and felt so grossly disappointed when the show was canceled on FX. It wasn’t fair. Eddie Izzard and Minnie Driver sucked you in, captivated, entertained and then tossed you to the curb like a dead rat they grew tired of torturing. Some short sales are like that, too. Except short sales are not available at Netflix.
We had made a dinner reservation before the show through Open Table at Morton’s. Only because Morton’s had sent me a postcard showcasing filet mignon paired with Australian lobster tail — ah, the power of four-color marketing. Ah, the power of discount pricing at $49.95. I might be the best Sacramento short sale agent in Northern California, but I can’t pass up a deal. I did, however, manage a few bites of my steak before my husband asked if it was possible that our server had mixed them up. Sure enough, he had the medium rare while I was left thinking that perhaps Morton’s simply did not know how to prepare a medium-rare steak and maybe I should send it back. Mine was definitely medium.
The had switched our steaks by mistake. My husband prefers medium, while I like mine pretty much dripping in blood, just like my trustee auctions. Actually, we had postponed this particular trustee auction at least 8 times. It’s enough of a hassle to postpone an auction once. We started the Chase Bank short sale in February. My seller called to say she had just canceled her listing because her previous short sale agent could not manage to negotiate her short sale. This was a Chase short sale in which Chase had preapproved the seller and offered her $25,000 to do a short sale.
Yes, this Chase Bank short sale offered $25,000 in cash in hand at closing to sell a $95,000 home in Rancho Cordova. Sounds pretty incredible, doesn’t it? Almost as absurd as the fact that Morton’s, an establishment known for excellence, could manage to mixup our steaks. But life is often weirder than it seems.
The problem with cash in a short sale is always the second lender. If there is a second lender. Because no second lender wants to take it in the shorts and let a seller walk away with cash when they get jack crap. Chase Bank has its reasons for wanting to give $25,000 to the seller. Don’t ask me why or I’d have to kill you. Trying to talk Chase Bank out of wanting to give $25,000 to the seller is almost as difficult as trying to talk the second lender into letting the seller have the $25,000. It’s a damned if you do and damned if you don’t.
I sold this Rancho Cordova short sale twice, too. The first short sale buyer walked away after two months and just before approval. That’s not unusual. But the second buyer hung in there, and we closed escrow yesterday. The seller ended up with $3,000 in cash and no foreclosure. Yay. Nine months to close this Rancho Cordova short sale. You can get pregnant and deliver a baby in 9 months! But I never give up. Just like Eddie Izzard, I keep on doing my thing. We’re better off for it.
When the Short Sale Buyer Walks Away
I don’t know why they call it walking away in a short sale. When a short sale cancels, the buyer doesn’t always walk. Sometimes, the buyer is kicked out of the short sale, booted to the curb. Sometimes the buyer runs away because the buyer is frightened. Sometimes a buyer just can’t get financing together so the buyer can’t close. But buyers rarely walk. They don’t take a leisurely stroll. They don’t wait patiently with you for a green light like some little old lady who needs help hobbling across the street. They bolt. Like cotton.
A few days ago a buyer’s agent sent this Sacramento short sale agent an email to say her buyers were canceling. Those weren’t the words she used — because she did not understand that her buyers were canceling — but that’s exactly what was happening. She just didn’t seem to know it, for whatever reason.
You can tell a buyer she is purchasing a short sale in “as is” condition but that information often falls on deaf ears. People think they are special and their situations are special, but the truth is they are not. When a buyer signs an “as is” addendum, which all buyers do for a Bank of America short sale, this means regardless of what a buyer finds in a home inspection, there are no renegotiations. None. No price reductions. No discounts. Not only is that because of the “as is” addendum, but the market dictates it as well. That’s because another buyer will buy the home in its “as is” condition. In a heart beat. The bank knows it. I know it.
The only person who doesn’t seem to know it is the buyer. Oh, and the buyer’s agent.
But the really good thing about Equator and a Bank of America short sale is a new buyer can be slipped into the old buyer’s position. It’s called a soft decline. Providing that the negotiator at Bank of America doesn’t press the wrong button and close out the file by mistake, which has been known to happen, the new buyer approval doesn’t take very long. Within 30 days, the new buyer should receive short sale approval.
So, if your short sale buyer walks away, don’t despair. It’s not a huge deal in the overall scheme of things and your Sacramento short sale. In fact, walking away is a fairly common occurrence.
The Search for Intelligent Life in a Green Tree Short Sale
Talking to a Green Tree short sale bank negotiator can be like that cartoon about what dogs hear. You know what I’m referring to, right? The human is speaking to the dog, giving a lecture about not jumping on the furniture or perhaps not tracking dirt on its paws into the house, and the caption balloon over the dog’s head is an interpretation of what the dog hears, which is “blah, blah, blah.” This is what it feels like when I talk to a short sale bank negotiator. Words are coming out of the mouth of this Sacramento short sale agent, but they are ignored and must sound like incomprehensible gibberish to the negotiator.
This is so common place in short sales that my Sacramento short sales are ripe with illustrations. Let’s look at a Green Tree short sale, for example. Green Tree is famous for trying to extort extract payments from sellers during the short sale, and why not? Green Tree is a collection agency. If PNC or Bank of America transferred the servicing of your loan to Green Tree, you’re stuck with Green Tree and, by extension, so am I. But that’s OK, I don’t mind dealing with Green Tree as it’s typically good fodder for illustrations of ineptness.
The latest problem is a Green Tree short sale in which there are four individuals who have signed the mortgage. All four people have signed the promissory note and the deed of trust. Since Green Tree picked up this loan by assignment, it was not involved in the notarized signatures on the prom note and deed of trust. In fact, Green Tree might not even know how to recognize a promissory note and deed of trust nor understand the instruments even though these pieces of paper are the basis for its business. Because Green Tree has decided there are only 2 individuals noted on the note and deed of trust — because that’s what Green Tree’s incorrect records tell Green Tree.
Never mind that I sent Green Tree a copy of the deed of trust showing that all four individuals have signed it. The evidence is in front of their faces. Nope, Green Tree has demanded a new package, new hardship letter and all new documents signed by only 2 people. You might be asking what’s the harm in that? Well, the harm is Green Tree is not the lender. Green Tree is the servicer of this loan. The lender is Fannie Mae, making this a Fannie Mae short sale. And when Fannie Mae sees there are only 2 people who have signed everything, Fannie Mae will kick out this short sale package and reject it. Green Tree has refused to send the file to Fannie Mae unless we submit it with only 2 individuals. Do you see the problem?
We have talked to the negotiator and the negotiator’s supervisor. They both have demanded that we submit a package that will be rejected by Fannie Mae for being incomplete. Makes one want to grab Green Tree employees by their shoulders and shake these people.
I’m just a Sacramento short sale agent. Why am I having to explain to Green Tree who their borrowers are? Why doesn’t Green Tree employ people who can reason and think? The only way to remove a borrower from a mortgage, apart from death — which, believe it or not doesn’t do it either — is to refinance that mortgage or pay it off, neither of which has happened.
Today we will contact Fannie Mae and report this problem at Green Tree, in addition to contacting the supervisor’s supervisor at Green Tree. Somewhere, there is intelligent life in this universe.
Sacramento Mortgage Lenders Can’t Perform
Why can’t Sacramento mortgage lenders close escrow? Almost every single escrow nowadays has some loan delay that causes a Sacramento home buyer not to close. But just because everybody is doing it doesn’t make it right. Why can’t home buyers close escrow? Because their lenders can’t perform. If you’re looking for a mortgage lender to finance a home in Sacramento, I’d say an important question to ask is can they promise — can they guarantee — that you will be able to close escrow in this century? Get a timeframe and hold them accountable. This is the big white elephant in the room that everybody seems to be ignoring — lenders who can’t perform.
You know what happens when a mortgage lender can’t perform? They come knocking on the door, whimpering like a dog, holding their tails between their legs and begging: Please sir, will you extend our escrow? Sometimes that answer is NO. Especially in a seller’s market like the real estate market we have in Sacramento at the moment. Sellers get tired of waiting for buyers to close. It’s not just seller’s remorse. Sellers can and will cancel your escrow if you can’t close on time. Sellers might decide they’d rather wait until spring, when maybe prices will go up even further.
If you’re trying to close a Sacramento short sale, it’s even worse. It’s not just the seller who might refuse to extend, it’s also the seller’s short sale bank. Banks are refusing to provide a short sale extension. Those short sale approval letters contain an expiration date. If the bank will agree to extend, the bank might charge the buyer $100 or so a day for that extension. It’s a no-win situation for that first-time home buyer. It doesn’t matter what the contract says, that verbiage won’t save you. It matters how long the short sale bank will give a buyer to close, and that timeframe governs your transaction.
Perhaps a bigger question is why can’t mortgage lenders close escrow on time for today’s home buyers? What is the problem? It’s not like the banks are overwhelmed with business because there aren’t that many buyers in escrow. We have very low inventory — we have fewer than 1,600 homes for sale in Sacramento County. Interest rates are low, but they’ve been low for months and months. Yeah, loan restrictions have tightened, but we’ve been jumping through hoops for a long time. Nothing has changed overnight. I propose that banks are swamped because they refuse to hire enough people to get the job done. They’ve made so many cutbacks in personnel during the downturn that they’ve gotten used to thin payrolls. Cheapskates.
Perhaps there is some little old lady sitting in a dark room with a single light bulb dangling from the ceiling over her desk. This little old lady is working on your file. She looks at her watch. Stops working. Oh, my goodness, deary me, it’s time to go to Starbucks. She leaves. And she doesn’t come back for a few days, and nobody cares.
It’s no big secret why home sellers in Sacramento prefer a cash offer over a financed offer. The performance in underwriting is pathetic. Totally sucks. Big banks, little banks, makes no difference.
The solution: If you’ve got a choice in choosing a mortgage lender, stay local. Pick a person you can grab by the shirt collar and shake a little bit. And get that guarantee upfront that your file will be processed in a timely manner or you might not be buying a home in Sacramento.
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