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Same Fannie Mae Short Sale Wrinkle But Different Approach
In short sale forums across the country, agents are lamenting the problems associated with Fannie Mae short sales and Freddie Mac on short sales, but I suspect that many short sale agents in Sacramento never even bother to look up Fannie Mae loans nor Freddie Mac loans prior to commencing the short sale — because some of them are way too focused on themselves and the fact they got a listing instead of putting the focus where it belongs: on the client, on the transaction itself.
It’s true that Fannie Mae and Freddie Mac cause havoc in a short sale. What else is new? But at least they are trying to do something about their muddled mess, even if it’s fairly ineffective, they get a B-plus for effort. One of the newer components of these types of short sales is our ability as a Sacramento short sale agent to request a pre-approved sales price.
The sales price, I should note, is the list price, which is not necessarily the BPO value. Of course, that’s been the problem all along, the BPO has very little to do with the price that Fannie Mae and Freddie Mac demand. This is like trying to pat your head with one hand while rubbing a circle on your stomach with the other. Then there’s the question of whether the offer price needs to meet the list price because we still don’t really know how much Fannie Mae or Freddie Mac will accept.
So, far, list prices are still above market value.
This is different than when Fannie Mae or Freddie Mac, after 8 or more weeks of processing the short sale, notifies us of its demand for a higher price. This is often a strategy that means: the government wants to send the home to foreclosure, but we don’t want to come right out in the open and admit it. This is the strategy that has agents across the county up in arms and frustrated with our government sponsored enterprises (GSE). I don’t really know why the GSE’s adopt this strategy, but in my world, I’d rather get this information on the front end than the back end, and so would my sellers.
That brings to question the status in MLS after an offer has been received. Because even in its new practice, Fannie Mae and Freddie Mac cannot seem to get us the pre-approved value prior to an offer. If we change the status in MLS to Pending Short Lender Approval, it means we don’t want any more offers. If the offer we have received is not close to or above the pre-approved price, we could be hosed if the buyer won’t raise the price upon demand, and we won’t get that demand from the GSE until we are closer to closing.
My solution for these dilemmas is to leave the file in Active Short Contingent status and allow backup offers.
Short Contingent vs Pending Short Lender Approval
What’s the world coming to when you can’t make idle threats anymore? Like, you can’t tell a guy you’re gonna hit him in the head with a shovel and bury his body in the desert without some jury awarding him $20 million in punitive damages. Even if he is a porn guy, or soft porn or whatever. Criminy. And you can’t threaten to burn down somebody’s house at a City Council meeting, either. Whatever happened to freedom of expression? Huh? Why can’t you just talk off the top of your head? Vent a little? It’s like words have meaning or something, and people take you seriously.
We need to go back to the days of Joe and Curly and Moe. When you could just poke somebody in the eyes with two fingers and nobody cared. Maybe zing a pie of whipped cream in a face.
People get frustrated. That’s pretty much a given. It doesn’t take much sometimes. Take Sacramento short sales for example. Buyers are very frustrated when they read listings in MLS that are a short sale. MetroList has attempted to clear up the confusion by offering two status choices after an offer has been received. But the problem with MetroList is a buyer can’t see the change when it’s active short contingent. That status modifier is hidden in the bottom right corner of the listing the buyer receives.
Agents don’t much understand it either. I know because as a Sacramento short sale agent some of my listings are listed as “active short contingent” and some are listed as “pending short lender approval.” Short Contingent means we have an offer. It also means we are open to back-up offers, and we might already have a few. An inquiring mind should call and ask. Bear in mind that a true back-up offer incorporates a purchase agreement addendum. No PAA, no backup. And a seller is not required to sign a back-up offer. Pending Short Lender Approval means we don’t want any back-up offers, and there are no more showings.
If you’ve got a gripe with the way Active Short Contingent shows up in MLS for a buyer, take that gripe to MetroList. That’s who your beef is with. It’s not with this Sacramento short sale agent. And watch where you walk. There are banana peels on the ground.
Sacramento is in a Real Estate Drought with Active Short Contingent Sales
An agent called Sunday afternoon to complain that a seller told him it was OK to show a home. This is a short sale in Carmichael. It is listed in MLS as an active short contingent. My seller recently moved, and the buyer’s agent has been watering the lawn in the back because there is no automatic sprinkler. (Water is rationed this time of year in Sacramento as we’re in our dry season with hot weather.)
Far as I’m concerned, watering a lawn is going above and beyond the call of duty for this buyer’s agent. That’s a job for the seller, and it’s the seller’s responsibility to maintain the lawn during escrow. Even if the seller vacates the property, it doesn’t mean the seller is no longer responsible for the home. But this buyer’s agent offered to do it, and the seller accepted. I suspect the agent didn’t want to take a chance on her buyers’ dissatisfaction with the condition at closing. That’s a really smart real estate agent.
Here, I was in the middle of kicking back in my air-conditioned home reading Tina Fey’s Bossypants yesterday when my cell rang. I made the mistake of answering it. The caller was a buyer’s agent, and he was pretty irate. He demanded to know whether this particular short sale in Carmichael was available. Well, it’s listed as “active short contingent” in MLS, which means the seller has accepted an offer. I explained that to the agent, adding that we recently received approval from the first lender and are waiting for approval from the second.
He screamed at me: Why did the seller tell me he had moved out and it was OK to show it? I don’t know why this guy didn’t call the listing agent first. That’s what I would have done in his shoes. But agents don’t always do what I would do. I didn’t know what to say to him because as a practice I don’t show Active Short Contingent listings to prospective buyers. It’s generally pointless. But every real estate agent is different. So, I said the only thing I could think of that moment, which was, “I guess the seller thought it was OK for you to show his home.” How do I know what the seller thought? I imagine that the seller was as astonished as I that an agent would want to show an active short contingent home.
Was it the heat? It was almost 100 yesterday in Sacramento. The agent slammed down the phone. Then a few minutes later, the buyer’s agent (who was over at the home watering the lawn) called. She said this particular agent left all the doors open, the windows open and had stormed up to her as she was putting away the garden hose to berate her in front of his client. Turns out this buyer’s agent is from San Francisco. Different MLS, different systems. Still, the agent is required to know the meaning of ASC.
Unfortunately, it’s about to get more complicated in Sacramento with short sales, too. Our MetroList, which is the MLS for our four-county area, is changing the status for short sales with offers. These listings will no longer automatically be placed into Active Short Contingent status come July 31. We will now implement a new status called Pending Short Lender Approval (PSLA). This status change will mean an offer has been accepted by the seller and the seller no longer desires showings.
If a seller is willing to accept a backup offer, then the status can revert to Active Short Contingent. Agents who put a listing into Active Short Contingent status when the seller is no longer willing to show nor receive backups offers will be fined $200 or $250 per day, I guess they haven’t yet worked this part out.
Will this solve the problem we are experiencing in Sacramento? Well, it will if agents read MLS. But, seriously guys, how likely is that?
On the other hand, this upcoming MLS change will remove from inventory on certain online websites all the active short contingent listings. We will drop to less than 30 days of inventory. It will present a true picture of how little real estate is for sale in Sacramento. The Sacramento real estate market is in jeopardy until we bump up that inventory. As a Sacramento real estate agent, I’m doing my part. Watch for new listings this week on my website.
Photo: Elizabeth Weintraub
