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Get Cash for That Sacramento Cooperative Short Sale
Not every person is cut out to be a Sacramento real estate agent. That’s a fact, Jack. In fact, some are unqualified to be in sales in the first place, and let’s not overlook the fact that some people think salesperson is a dirty word. Like, there is something wrong with sales or that if you don’t have the natural ability to sell then you can’t acquire that ability or wouldn’t want to. But when it comes to selling your home in Sacramento, a seller will increase his or her chances of maximizing profit potential and obtaining a fast sale by hiring a professional real estate agent.
In our Sacramento real estate market, often that means hiring a Sacramento real estate agent who knows how to sell short sales. You might think that any real estate agent can sell a short sale but that’s faulty thinking. Without jumping into a million reasons why that’s wrong, let’s just look at one reason. Like this seller in the Pocket. She had a good job and made a good income, and did not really have a hardship.
After looking at her situation, we devised a strategy. Because this Sacramento short sale agent knows her stuff. We put her home on the market in early September as a Sacramento short sale. A pre-approved Bank of America Cooperative Short Sale. It closed escrow yesterday. From the day the For Sale sign went into the yard to the day the buyer was handed the keys, it took 43 days. Start to finish. That’s faster than some homes sell and close that are not short sales.
The seller did not fork over her tax returns. She did not give Bank of America her bank statements nor payroll stubs. There was no hardship letter required. She had to make one phone call to say NO to HAFA and YES to the Cooperative Short Sale.
Bank of America paid two cash incentives on this short sale. The cash payment to the seller at closing was more than $12,800. No strings. Just: Here, take this cash. In fact, escrow wired the money to my seller’s bank account because she was on a plane when her home closed escrow. The seller received a cooperative incentive on top of an HIN Incentive. Yeah, I know what you’re thinking — it’s taxable. Yup. But yowza! It almost seems criminal and hard to believe that a seller can get paid to do a short sale yet it’s happening all over Sacramento, especially to my clients.
The bank did not approach the seller in this situation. This is an important component. Her Sacramento short sale agent figured out that the seller qualified and talked to the bank on the seller’s behalf. Bank of America wanted the seller to do a HAFA. But HAFA would have given her only $3,000, involved financial disclosures and made her life a total nightmare. Instead, the Cooperative Short Sale was fast, easy, no hassle and the seller put almost $13,000 into the bank at closing.
So, you tell me which was better for this seller, OK? HAFA or Cooperative short sale? I believe the Cooperative short sale wins hands down every single time. If you have a mortgage with Bank of America and want out, call Elizabeth Weintraub at 916 233 6759. It doesn’t cost you a dime out of pocket. In fact, it can pay.
Bank of America Cancels a Short Sale
This Sacramento short sale agent spotted a freaky warning in Equator yesterday about how Bank of America cancels a short sale. It’s a Cooperative Short Sale. My seller is receiving more than $10,000 to do this Sacramento short sale. It’s been smooth sailing for her from day one — no financials, no hardship letter — and the docs are in title, knock on wood. The warning was from Dignified Transition Solutions (DTS) and read: LOANS ARE MORE FREQUENTLY BEING SERVICES RELEASED FROM BANK OF AMERICA, WHICH WOULD VOID THE DEAL. This means exactly what you think it means. It means that even though we have short sale approval and are about to close escrow, Bank of America can cancel the short sale.
The buyer has completed all of her home inspections. She paid for a lot of inspections, too: roof, chimney, general home inspection, pest report. Yeah, yeah, I know what you’re thinking. You’re thinking so what, the buyer does not have a contract with Bank of America. The buyer has signed a purchase contract with the seller, and that purchase contract is contingent upon bank approval of the short sale — even though it is a preapproved Cooperative Short Sale, the bank still needs to approve the purchase offer.
Yet, you probably wonder how can Bank of America cancel a short sale? The bank is not the investor. This is the little known but all-important fact in most short sales. Often, the bank is only the servicer, it services the loan, collects the payments (or non-payments) and disburses the money on behalf of the investors. Investors are increasingly pulling that servicing from Bank of America.
I had another Bank of America Cooperative Short Sale yanked by the bank right after the Equator counter offer. Here, we were waiting for what we so innocently presumed would be the short sale approval letter when we were abruptly notified that Bank of America was no longer servicing the loan. It had been transferred to our buddy, Seterus. Which was once, believe it or not, IBM. What a sad graveyard for typewriters and a former technology giant. We started the short sale over from scratch with Seterus. No cash for this seller. No guarantee the short sale will be approved again, either.
Another Cooperative Short Sale at Bank of America is destined for another servicer as well. We went back to the bank negotiator to ask for a short sale extension and were informed the file was being held, pending a servicing release. At least the bank had the decency to hold this pending release but it’s also now being released. This investor is Fannie Mae. I don’t know who the other investors are in my other Cooperative Short Sales — just that those investors are not a government sponsored entity (GSE) like Fannie Mae. That information is unavailable. I do know that we have Fannie Mae saying: Adios, B of A. And don’t let the door hit you in the butt.
Still, the question is how can Bank of America cancel the short sale just before closing? Like with most things, the answer lurks in the legal documents. In the short sale approval letter, Bank of America says, “We may terminate this agreement at any time if we have evidence of: blah, blah and
“The transaction does not comply with our requirements, policies and procedures.”
If Bank of America is no longer the servicer, you’re hosed. So, the moral of this story is it ain’t over until the fat lady sings. Until you close escrow, that Cooperative Short Sale at Bank of America could be at risk.
Bank of America Fannie Mae Cooperative Short Sale
Why would Bank of America issue a denial for your Fannie Mae Cooperative Short Sale? It might astonish you to learn that not every Bank of America loan will qualify for the Cooperative Short Sale process simply because your home is underwater and the investor is Fannie Mae. Moreover, at any time in the short sale process, even if you’ve signed a Borrower Acknowledgement of Interest, Bank of America can still yank out that rug from under you. As a Sacramento short sale agent, you would not believe the things I witness first hand. But then, I close a lot of Bank of America Cooperative Short Sales in Sacramento. Sooner or later, I’m bound to see a lot of crap.
Just last week, I accepted a counter offer in Equator for a Bank of America Fannie Mae Cooperative Short Sale. Typically, this is the point in the short sale when, shortly thereafter, the approval letter arrives. I thought the short sale was finished and we were about to close. Nope, next thing I discovered Bank of America denied the Cooperative because, low and behold, Fannie Mae released Bank of America as a servicer. Now, Fannie Mae has supported Cooperative Short Sales at Bank of America in the past. This was an odd move, from where I sit. So, since Bank of America was no longer the servicer, the short sale will have to start over through the new servicer, which is no stranger to short sales, Seterus. Don’t even get me started on Seterus. That’s another blog.
In another Fannie Mae Cooperative Short Sale, we have a problem with the second lender, which won’t back down to Fannie Mae’s demands. This is another file in which Fannie Mae is about to release Bank of America as the servicer and hand over the file to somebody else. Why is Fannie Mae dumping these Bank of America files? One would think that files in the middle of a short sale would receive some kind of priority. In any case, this is one reason your Bank of America Cooperative Short Sale could be denied — because Bank of America is no longer the servicer.
It’s just been the last 30 days in which I’ve noticed a change in the Fannie Mae Cooperative Short Sales at Bank of America. Generally, Fannie Mae will authorize a higher payment for the relocation incentive than a traditional Cooperative Short Sale, which is $3,000 vs $2,500. Then, if you get the HIN Incentive, that could bump up the cash payment tremendously. I have some clients who qualify for both incentives and are getting paid $15,000 or so.
On the other hand, the other GSE, Freddie Mac, does not participate in Bank of America’s Cooperative Short Sale. You would think whatever guidelines Fannie Mae comes up with would be followed by Freddie Mac, but it doesn’t always work that way. It doesn’t work that way in a HAFA short sale. A Freddie Mac HAFA short sale is very different from a Fannie Mae HAFA. This means if your loan is held by Freddie Mac and serviced through Bank of America, you cannot qualify for a Cooperative Short Sale.
I discovered an Elk Grove short sale would not qualify for a Cooperative as well because the investor was Aurora. The homeowner thought that Bank of America was the investor. Morever, Aurora says it has a policy that if the homeowner has filed for bankruptcy and completed a bankruptcy, it won’t let the homeowners participate in HAFA. The devil is in the details. The devil is always in the details, which is why it’s a good idea to hire a Sacramento short sale agent with experience. Why take a chance on a denial letter for your short sale?
And be careful if you’re trying to pursue a Cooperative Short Sale through Bank of America in which Fannie Mae is the investor. Although, this is only a few short sales in which Fannie Mae has released Bank of America as the servicer, it could be the initiation of a new policy. Even scarier is the fact there is a huge profitable market for buying and / or insuring bad loans. Not much has really changed, you know. But that’s a blog for another day.
An Investor Can Do a HAFA Short Sale
This week I am working on listing several investor-owned short sales in Sacramento, one of which will be a HAFA short sale. People think that an investor — a non-owner occupant — can’t do a short sale, but an investor can do a short sale. An investor can even qualify for a government short sale program such as the HAFA short sale, or my very favorite streamlined type of short sale: the Bank of America Cooperative Short Sale. Unfortunately, though, the HAFA Supplemental from last June removes the seller’s incentive portion, the $3,000 cash for a short sale that typically goes to the seller, so there’s not much of a reason to do a HAFA short sale for an investor in California. You have to live in the property to get the $3,000. Which means the tenant gets the cash.
There is a big reason to do a HAFA from a bank’s point of view. The bank gets paid from the government to do a HAFA. You might think so what, the money is insignificant. What is it? $1500? Until you stop to consider that $1500 times 1,000 short sales is one and a half million dollars. Put another way: $1500 times 10,000 short sales is $15 million. You wonder why Bank of America is pushing the HAFA short sale? Besides the National Mortgage Settlement, there’s that $15 million multiplied over and over. You can’t get past the first stage in Equator until the seller talks with the bank about a HAFA.
But not every HAFA is a nightmare to do. Some you’d rather poke out your eyeballs, some not. Sometimes, it is necessary to do a HAFA because a regular short sale has too much scrutiny. The government continually changes how it handles its HAFA short sales. I am a CHS, a Certified HAFA Specialist. I paid attention in class. It used to be that the investor needed a definite hardship to do a HAFA, but that’s not necessarily true anymore. I suspect part of the HAFA process was overhauled because nobody was doing them. People were shunning the HAFAs because the restrictions were difficult to meet. But they’ve loosened up.
It used to be you had to live in the home, and now you don’t. It used to be that the mortgage payment had to exceed 31% of your gross monthly income, and now it doesn’t. It used to be that you had to show an extreme financial hardship, detailed in your hardship letter and documented by tax returns, and now you don’t. It used to be you couldn’t have large sums of cash in the bank and now it doesn’t matter. I had a client complete a Chase HAFA short sale, and he supplied bank statements that showed $80,000 in his savings account. It wasn’t an IRA or a retirement account, it was cash. His financials reflected disposable income. Yet, the government gave him $3,000 and Chase approved his short sale. Yes, a Chase Bank short sale with no hardship.
If you’re worried that you don’t have much of a hardship, and your lender is Chase Bank or Bank of America, you can probably do a HAFA short sale. Investor guidelines will dictate. You just gotta have the story. I find that Wells Fargo will do strategic short sales as well as long as the investor is delinquent. Although, as a Sacramento short sale agent, it is against the law for me to tell an investor or any seller to stop making a mortgage payment. I can’t give legal advice nor suggest a seller become delinquent. I am required to say if a seller stops making a mortgage payment, a seller could lose his or her home. But if you’re gonna lose the house anyway, what the hey.
Handling a Short Sale Counter Offer
When a short sale bank issues a counter offer, it’s not really a counter offer. Except that it is. It’s just not the type of counter offer that most Sacramento real estate agents recognize. Confused? A short sale counter offer arrives in different forms. Sometimes it looks like Buddha, and other times you’d swear it’s sporting a black cloak and wielding a scythe. It can be in writing or it can be verbal. The counter can be negotiable or non negotiable.
An agent in my office called yesterday about a Chase Bank short sale. I realize that my company has managers who answer these sorts of questions, and they do a bang-up job. But agents also get antsy and don’t always want to wait for a response. Imagine that. An impatient real estate agent! So, every so often, the brave ones call me. I don’t mind helping out a fellow Lyon agent now and then as long as they don’t make it a practice, although I wish they would email and not call.
The agent who called, a super sweet guy, was bent on explaining his entire short sale woes. As I’m listening to him, I’m watching phone calls come across my cellphone screen like a CNN scroll. I ponder whether I should send text messages to the unanswered phone calls and, if so, should I choose the response that says I’m at the dentist or is it better to simply say I’m busy, or don’t they already know that since I didn’t pick up my phone? Do I have to tell them I am awake? Is it any of their business what I am doing?
I like the prepared response choice that says I’m at the dentist because it sounds more respectable than to text my real GPS location, which is I’ve got my head stuck in the frozen dessert section at Safeway, fogging up the freezer. Finally, in my distractions and attempt to focus on my fellow agent’s question, I found myself needing to pull him in that direction as well. I cut to the Chase. Ooo, a pun. I interrupted him and said, “Phone messages are piling up while you are telling me your story, exactly what is your question?”
He wanted to know how Chase issues its short sale counter offers. It felt weird to him that the short sale agent would just call and tell him the price had changed and that the buyer had to pay some other miscellaneous fee. Maybe he expected the counter offer would be white-glove delivered on a silver plate with a juicy JPMorgan Chase insignia wax seal on the envelope. Nope, it’s verbal. Chase short sales are still old school. Documents are faxed to a central location and then lost, just like the old days at Bank of America.
Speaking of which, I received a counter from Bank of America yesterday on a Cooperative Short Sale. Most of the time a buyer’s agent never knows that a counter offer has been accepted unless he or she reads my short sale updates on my website. That’s because counters don’t often involve the buyer. The bank is simply approving or rejecting fees the seller must pay from the proceeds of sale to close. The bank authorizes the expenses of sale. The lower the fees, the higher the bank’s net. It is the seller who pays the fees, not the bank.
This was unusual because the accepted sales price exceeded the preapproved listed price of this Cooperative Short Sale. We had received a number of multiple offers on this short sale. We picked the best offer, which is not necessarily the highest offer. I imagined the buyer would be somewhat stunned to receive an addendum increasing the price and paying a few additional fees. But the bottom line is we want to close this short sale. The bank’s investor has guidelines.
Bank of America stresses that in a Cooperative Short Sale, the preapproved short sale price is precisely that: preapproved. It doesn’t say it will accept that list price. The bank’s investor calls the shots. The buyer, naturally, wanted to know if she could negotiate with the bank, and see, this is the thing. Will another buyer pay that price? In a heartbeat. I know this; it’s not speculation. So, the buyer accepted the Bank of America short sale counter, which is a good thing. Smart buyer, smart buyer’s agent. You know what we call a buyer who doesn’t want to accept a bank’s counter offer like this one? Let’s just say the term doesn’t have buyer attached to it.
