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Beware of the Short Sale Service Release
When writing to another agent today about short sale service releases, it made me realize how little the average consumer knows about this practice. A service release happens when a bank sells the servicing rights for a loan to another bank. Some banks are the actual investor, the entities that own the note, but many banks are nothing more than a collection agent for the loan. The bank takes the money from the borrower, pockets a fee for its services, and then distributes the rest to the investors. It has other duties outlined in the PSA such as handling the foreclosure, which pays the bank even more money. That’s one of the reasons why some banks can prefer foreclosure to short sale.
Bank of America seems to be in the middle of a big sell off. It is selling servicing rights to other banks. At first I thought maybe it was Fannie Mae who fired Bank of America, but it seems to be the other way around. In one such Sacramento short sale, we had put a pre-approved Bank of America Cooperative Short Sale into escrow. The seller had signed the Borrower Acknowledgement of Interest — known in short sale lingo as the BAI. This is not a commitment on the part of Bank of America but most people take it as such.
The short sale progressed smoothly, as most Cooperative Short Sales do these days. We received the counter in Equator, which removed a few miscellaneous fees from the purchase contract that Fannie Mae would not allow. Usually, when we approve the counter offer, we get the short sale approval letter anywhere from 24 hours to 10 days later. Instead of receiving the approval letter, though, we received a decline of short sale because the bank had sold the servicing rights to Seterus. Our old friend, IBM.
Seterus does not Cooperative Short Sales. Seterus does traditional short sales. Long story short, Seterus rejected the short sale. The seller did not receive her $3,000 relocation incentive. The buyer did not buy the home. The entire transaction blew up, and there was nothing we could do about it. The home went to foreclosure. If you don’t think service releases produce horrific results, here is one for the record.
REDC Threatens B of A Seller on Turkey Day
An unnamed person at Bank of America confirmed for me last week that the bank is indeed pulling its HAFA and Cooperative Short Sales in-house — which is music to any short sale agent’s ears. And not the crappy kind of music like Barry Manilow, but more like early Beatles, before Yoko Ono messed everything up. And not just to this Sacramento short sale agent, but every short sale across the nation is putting down her pumpkin-pie laden fork and giving thanks to the decision by B of A to do away with its third-party vendors like REDC for these short sales. With any kind of short sale, though, these miraculous changes don’t happen over night. As a result, we are stuck with REDC for a handful of Cooperative Short Sales still on the road to Pocatello.
I have asked negotiator, let’s call her Mao, through Equator over and over and over to clarify for us whether she is negotiating a Carmichael short sale as a Cooperative Short Sale because everything about this particular short sale has gone sideways. It’s not being handled at all like a regular Cooperative Short Sale. This negotiator has ignored all questions. Then, on the day before Thanksgiving, she gave us 24 hours to send her financials or she would close the file.
24 hours on Thanksgiving Day!
Yes, on Thanksgiving Day, instead of celebrating with his family, a seller scrambled to pull together financial documents he was promised he did not need to submit. I suspect part of this request is due to the fact that Fannie Mae changed its guidelines on November 1. But even so, it is inexcusable that a representative for Bank of America would purposely cause a borrower, a client of Bank of America, such grief on Thanksgiving. This negotiator has continued to ignore requests, too.
I will say, Mao, do you realize this is a preapproved Cooperative Short Sale? And she will say: Remove the incentive from the HUD. Again: Mao, are we on the same page that this is a preapproved Cooperative Short Sale? Instead, she will ask how much the seller is willing to contribute. She outta lay off the eggnog.
It’s a good thing that Bank of America is getting rid of REDC. It’s just a shame it’s taking them so long to pull the plug.
A Cooperative Short Sale is a Privilege; It’s Not a Right
If you ask a lawyer if you should file a lawsuit, that answer will probably be yes. Just like if you ask a Sacramento real estate agent if this is a good time to buy, you’re gonna hear YES, this is a good time to buy. Because that is asking a person in business for himself or herself if you should do business with that person. It is rare for a person in business to turn away that business. If a person routinely turned down a source of potential cash flow, sooner or later that person would go out of business. But many people do not understand that concept.
Another concept people do not understand is if you are trying to buy a short sale, that short sale might not be approved. No bank is required to do a short sale. A short sale is a privilege; it’s not a right. Even if the bank agreed to do a short sale, a bank can say no later on. For example, if I were an investor who needed to do a 1031 exchange, I would not be trying to buy a short sale. Because when you do a 1031 exchange, you have a certain period of time in which to identify a property and a certain period of time in which to close. Once those time frames have come and gone and you haven’t closed, you’re hosed. Your preferential tax treatment goes bye-bye.
I have closed short sales in which an investor was doing a 1031 exchange. But it was risky for that investor. Because there’s no guarantee. It’s risky for any short sale buyer. It says so right in the documents a buyer signs.
Just like there is never a guarantee with a Bank of America preapproved Cooperative Short Sale. Just because the bank approved a Cooperative Short Sale does not mean the bank will approve an offer from a buyer. And just because the bank might approve an offer from a buyer is no guarantee that Bank of America will close escrow. Bank of America reserves the right to pull the plug at anytime, and there’s not a darn thing a buyer can do about it. There is even less recourse when the investor along the way fires Bank of America, like Fannie Mae seems to be doing lately.
Oh, Bank of America has a fancy name for getting fired. It’s called a Release of Servicing. But it’s being fired all the same. Fannie Mae recently fired Bank of America right before final approval of a short sale. Instead, Fannie Mae hired Seterus to handle the servicing of that loan. Bank of America was about to approve the Cooperative Short Sale for a 1031 exchange buyer. It had issued a counter offer in Equator and was getting ready to draw the final approval letter. But when Seterus took over the servicing of that loan, Seterus said nope. No can do. Seterus does not do Cooperative Short Sales like Bank of America.
You know who got the short end of that stick? Welcome to the world of short sales. If it were me, I would not give my money to a lawyer to pursue a case without merit against Fannie Mae (aka our government), but some people have little respect for money, much less common sense.
The Problem With Pricing a Bank of America Cooperative Short Sale
The problem with our recent elections is not really who won or lost. Well, maybe for some of you, it is. The problem, the way I see it, is we had too damn many things to vote for. Too many Propositions and Politicians. I mean part of the reason we have propositions on the ballot is because the men and women we send to Congress can’t seem to do their job so they have to take it to the people. Like we know anything. We’re just people. We’re a Sacramento short sale agent, or a Raley employee about to lose retirement health insurance benefits or a state worker hungover from furloughs.
We don’t know anything, and we don’t wanna know anything. Don’t tell us what crap is in our food. If our tomatoes are walking Frankensteins, we don’t wanna know. Just keep us in the dark. So, why anybody in their right mind would trust us — the people — to make decisions that affect the entire state, is beyond me. On top of that, they did give us too many darn choices. My ballot was 4 pages, for crying out loud. On one page, I had to select 15 people in one category alone. Who are all those people? I don’t know. Do you know? I’m not responsible enough to vote. Isn’t this why we elect people and send them to the legislature? To vote on stuff for us? Why do we have to do all of this work?
I tell you what, on the surface those arguments sound plausible, don’t they? About as plausible and logical as what goes on behind closed doors at some of our short sale banks. Let’s talk about one of my favorite subjects: Bank of America. Bank of America does really odd things sometimes. For a while there, I thought they were on to something as I continually look for trends. One trend was to price a Bank of America Cooperative Short Sale below market value. That was a brilliant move by Bank of America. Seriously. It was smart strategy. That strategy welcomed bidding and pushed up the sales prices of our Sacramento short sales.
My last 8 or 9 Cooperative Short Sales were priced this way by the bank. We’re in a seller’s market in Sacramento, so it makes sense to let the market dictate price. However, the bank got drunk on its power. You think Diane Sawyer was tipsy? Take a look at the new strategy employed by Bank of America for its Cooperative Short Sales. If they aren’t throwing back a shot of whiskey before picking a sales price maybe they’re smoking pot. Could be pain pills. Yeah, that’s probably the problem. Oxycontin. Gets ’em every time.
Why else would Bank of America price a short sale at $260,000 when the BPO agent told them $245,000? I know this because I called up the BPO agent and asked her. Not to mention, the BPO agent was off the mark. She saw the home but didn’t take into consideration the lack of upgrades or its condition. Nevertheless, the fact remains the bank disregarded the BPO. It plucked a price from the bucket of don’t pass go and don’t collect $200. Does the bank not want the home to short sale? Does the bank think buyers are stupid? What’s the reasoning? Where is the logic?
This particular home sat on the market for 2 months without an offer. In one of the hottest real estate markets in Sacramento’s history! Thank you, Bank of America. The solution? We lowered the price, sold the home, and then raised the price back to the point Bank of America demanded. Then, we presented our offer to the bank. That’s why the sellers chose this Sacramento short sale agent. To work around problems like this. Thank goodness I don’t work in Congress.
Bank of America is Pro Short Sale
Bank of America has a message for underwater homeowners in Sacramento, it appears. That message is: Bank of America wants to do your short sale. People have heard all of the horror stories about the many, many months it takes to do a Bank of America short sale, and that is not always the case. In fact, it’s rarely the case. This Sacramento short sale agent can initiate and close a Bank of America short sale, from start to finish, in about 45 days. Even without a hardship. Yup, Bank of America is granting strategic short sales and all kinds of other short sales just to get rid of those loans, for whatever reasons.
For example, you might ask when is a HAFA short sale not a HAFA short sale? Because sometimes homeowners don’t qualify for the HAFA. There is a new law that says the banks must explain what constitutes qualification for a HAFA because that’s been left up to each bank to decide, and often that method is a complete mystery. Well, far as I can see, it still is a mystery. We can do our best-guess-scenarios here in Sacramento, and I have few theories myself, but nothing in concrete as to the exact criteria used. So, in that regard, nobody can really figure out if the bank is handing out crap or what because the bank still writes its own rules.
In any case, a HAFA short sale is not a HAFA short sale when Bank of America says it has switched to a Cooperative Short Sale. We started out with a HAFA application for a home in Natomas, a neighborhood in Sacramento in which almost every home is a potential short sale if it hasn’t recently sold. Somewhere in the middle, Bank of America switched the short sale to a Cooperative. If you ask the bank, it will tell you that you need to initiate the Cooperative short sale before you have an offer, not after an offer has been presented to the bank. It will also tell you it doesn’t do Cooperatives in which there is a second loan. But they make exceptions. This home had a second loan. I have, in fact, done other Cooperative Short Sales in which there was more than one loan, and that second loan was not held by Bank of America.
There are exceptions to everything. The banks decide what they will except and which variances they will not grant. That’s the thing about short sales. They use the rules when it’s to their favor, and they ignore the rules when it’s to their favor.
So, if you think you know exactly which end is up and what you are doing, then you are most likely not a Sacramento short sale agent working on a Bank of America short sale.
This Bank of America short sale closed yesterday as a Cooperative Short Sale, paying the seller $2,500 and releasing both the first and second mortgages without liability.
