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How to Sell a Short Sale With a Tax Lien
You can short sale a home with state or federal tax liens.
We just closed a short sale with a tax lien in Elk Grove. Tax liens are not a new thing; often when people fall into financial troubles, they end up owing the Franchise Tax Board (California state taxes) along with the usual suspect, the I.R.S. If things are so rough that you can’t make your mortgage payment, you probably can’t pay the I.R.S either. When you don’t pay the government, federal or state, the government files a tax lien against you, which is recorded in the public records of the county where you own property.
The interesting fact about personal income tax liens is a seller can sell a short sale with a tax lien because they can be released during the short sale. Ordinarily, you can’t close a short sale with outstanding liens in the public records because the buyer’s lender would object and refuse to close. It’s tough enough getting the short sale banks to understand that the personal income tax liens can be released to allow the short sale. The bank negotiators sometimes demand the tax lien be released before they will issue the short sale approval letter, which is ridiculous and impossible, so we just escalate the issue up the ranks until we find a more intelligent person to deal with.
Doing a Short Sale With a Tax Lien
The reason the government will release the tax liens is because there is no equity in the home to pay the IRS and / or Franchise Tax Board. You can’t squeeze blood out of a beet. However, it is gaining the cooperation of these government entities that is the chore. In Sacramento short sales, we deal with personal income tax liens quite a bit. Last year, it was easier to obtain the tax lien release. We could call the IRS, cry and beg, and some kind person would take pity on us and send the tax lien release. This year it’s been tougher.
The IRS office in Oakland disconnected its phone recently and said we are no longer allowed to call. We can’t email either. Everything has to be communicated through the ancient ritual of faxing. What’s next — smoke signals? Their paperwork states they won’t begin to consider a tax lien release until we have the short sale approval letter. In the event of two lenders, like this last Elk Grove short sale, we needed both letters. And then the IRS can take 60 days. Which means one if not both of the short sale approval letters will expire.
Ocwen made us start over from scratch on this last short sale with a tax lien. It took almost 6 weeks to issue the new approval letter. We recorded the day before the tax lien release expired. By the hair of our chinny-chin-chin. We received the final approval with 6 days to go before the tax lien release expired. The investor buyer had been waiting since October and had already spent his capital on other properties. He didn’t know if he could find the cash now. Well, guess what? Deposit funds or, if we have to start over from the very beginning, we won’t sell to him. He found the cash, and we closed.
And now for my commercial . . . if you need a Sacramento Short Sale Agent with extensive short sale expertise, call Elizabeth Weintraub at 916.233.6759. Don’t leave yourself vulnerable.
Buyers for Short Sales in Elk Grove Make or Break the Short Sale
About one out of every 3 homes in Elk Grove that I sell nowadays seem to be a short sale. How are short sales in Elk Grove still a thing, you might wonder. I mean, you read about the economic recovery, how much homes have appreciated, and it doesn’t seem to make sense that home sellers can still be underwater. Take 2012, when home prices, on average, shot up about 40% in Elk Grove. Then, along came 2013 and we witnessed another 25% bump. Last year was single digits and not as impressive, so the big increases are pretty much over.
I see the continuation of short sales in Elk Grove to be a mix of several factors. First, Elk Grove was named in 2006 the fastest growing city in the United States. Not in California, the United States. When the market collapsed, Elk Grove was hit very hard, and prices fell more than 50%. To put this into perspective, if a home was worth $500,000, after the crash it was worth maybe $225,000. When that same home appreciates by 40%, now it’s worth $315,000, and another 25% boost would push it to $393,750, which is not enough to pay off those dual mortgages of $500K.
Some people struggle with math. They might think 40% plus 25% equals equity, and I am showing you the numbers so you can see it doesn’t work that way.
Second, the homeowners who were underwater and did not do a short sale and did not elect to grab cash for keys in a foreclosure, often chose the less painful of those options and selected a loan modification. Loan modifications — unless the bank forgave a big chunk of the principal balance — are generally just a temporary BandAid. They also tend to adjust after 5 years and interest rates go up, which increases the mortgage payment, until the homeowner gets to a point where she just can’t take it anymore or perhaps something else horrible happens, something worse, like a death in the family or loss of income or limb.
Naturally, since I represent sellers, I feel an affinity toward my clients — as well as a fiduciary responsibility, which is required by law. I try to help my sellers to choose an appropriate buyer for the home, a buyer who will wait for the approval and has the qualifications to close escrow. We keep our buyers informed throughout the transaction with weekly updates, and they can check updates themselves on my website.
Almost invariably, without fail, the person in the short sale that causes the most problems, the biggest delays, and is the main reason short sales drag on and on and on, is the buyer. They are just some person or couple who want to buy a house, and often possess no feelings for anybody in the transaction, sometimes, not even their own real estate agent. Yesterday, after battling FHA and surviving a transfer to an institutional lender, dealing with partial demands for previous loan mods, paying off utilities and other outstanding liens, cleaning up the preliminary title report and being on the verge of approval from the negotiator, a shiny new listing came on the market across the street from this short sale in Elk Grove.
The buyers lost the faith, which, granted, was probably hanging by a thread in the first place. Because the buyers didn’t adhere to all of our requirements upfront, that was a red flag, and against better judgment we gave them a chance. It was a risk we were willing to take. A risk that at least I regret. Don’t deviate, is my motto. This is what happens with deviation.
At least, on the bright side, all of the really hard work has been done, and the road has been paved for the next buyer who truly deserves this magnificent pool home in Elk Grove. If you’re looking for a home with 5 bedrooms and a pool at an excellent price, you should call your Elk Grove agent, Elizabeth Weintraub, at 916.233.6759.
Story of Selling a Damaged House in Elk Grove
The damaged house in Elk Grove was not this bad.
There seems to be a lot of rehab investors, both in town and outside of Sacramento, who expect advance phone calls from listing agents, because they email me all the time about buying a damaged house. The worse, the better, they say. I wonder if they haven’t heard about MLS? You know, that place where all the listings go? Or, maybe they haven’t noticed that Zillow and Trulia are also pulling listings from MLS? Or, perhaps they think my supposed greedy little heart will seize the chance to smash my seller’s hopes and I’ll engage in some secret, behind-the-scenes deal with them to be the only buyer because all agents are money-grubbing fools? I’d say gag me but I’m recovering from the flu and don’t want to think about that reflex.
Take this damaged house in Elk Grove, for example. This was a short sale home that had been abandoned for a while — what we call a fixer. There were no utilities and, in fact, there were utility liens recorded against the property. It needed flooring, paint, a new roof, pest work, stucco repair and there was a minor plumbing leak in one of the upstairs’ bathrooms. The home was located in a popular neighborhood in Elk Grove. Even though it needed work, which meant few owner occupants would make an offer, it should have sold sooner than it did. The reason it didn’t is many rehab investors don’t want to go back to the old market of years gone by, it seems, they expect higher profit margins. Higher profit margins are typically not available in a short sale. Short sale banks typically won’t fund an investor’s bank account.
We put this on the market last May, and it sat for 3 months without a viable offer. We received a number of lowball offers but none high enough to where the comparable sales suggested the bank would accept the offer. See, guys don’t understand why we won’t take a low offer and send it to the bank. That’s because they’re not on the listing side, doing possibly a ton of work for zero results. I’m not completely alien to fixing up homes and flipping, as I did it myself for 10 years. I also know how to compute comparable sales and deduct for repairs.
Come August, we decided to take the highest offer we could get, which wasn’t enough to satisfy what we felt the bank would want, but since it involved a 203K loan, the buyer had room to move up, if necessary. It’s one thing if they pay cash and the bank wants more money. It’s quite another if the buyer plans to live there and is obtaining financing, so a $10,000 increase could mean a difference of only fifty bucks in a mortgage payment. Not surprising, the bank asked for a higher price, it demanded our original list price. See, I’m often right on the nose with how they think because I’ve been doing this for so long.
The buyer bailed. Fortunately, we found other buyers, several at one time. The seller chose the most committed buyer. I went back to the bank and negotiated a price somewhere between the lowball offer and the original list price. I know these are trouble, walking into these listings. It’s hard to show homes without electricity. It’s hard to get a loan without utilities. It’s almost impossible to get the bank to agree to allow payment of utility liens. And people are often afraid of abandoned homes with damage. These homes appeal to a small majority. Not to mention, the lowballers come crawling out of the woodwork looking for a steal, and it makes me feel like I should put on white socks so I can see the fleas jumping on me.
Throw on top of these situations, other individuals in title who won’t cooperate with a short sale, and a seller whose second mortgage was charged off but not reconveyed and therefore included in the short sale, all of which makes it a recipe for a whopping fun time.
Yet, it closed. They all eventually close. Because this Sacramento Realtor does not give up. If I can close a horrendous situation like this, imagine what I do with a beautiful home in Elk Grove that’s in pristine condition.
Story of an Elk Grove Short Sale With Nationstar Auction
This is an interesting allegory of an Elk Grove short sale that survived two auctions directed by Nationstar. First, let me say that the very nature of short sales can sometimes mean the listing agent will be forced to sell that home 2 or 3 times. The reason for multiple resales has nothing to do with the negotiations, sellers or listing agent. It is almost always caused by the buyers. They flake out. Cold feet. Change their minds. Find something else. Move away. Lose jobs. Indigestion. Whatever.
The first time I sold this home in Elk Grove, it was to a buyer who also had a home to sell and wanted to present a contingent offer. While there are ways to accomplish this feat, a contingent offer is not always your best bet because, if short sale banks catch wind, they tend to reject those arrangements. A smart Sacramento short sale agent realizes this. The agent found a buyer for the buyer’s home almost immediately, and this buyer entered into contract to buy the Elk Grove short sale.
Nationstar could not bring the home to auction for more than 3 months. Much of that time was spent arguing about the health of the sellers, which was dire, and their ability to survive that sort of thing. In the past, we’ve been successful with a strong defense against the Nationstar auction and could opt out, but not this time. We also had to escalate the short sale several times because of non-action on the part of Nationstar.
The buyer registered for the Nationstar auction, even though the buyer was under contract, because the buyer was worried about losing the home. Another buyer would need to pay a 5% premium to Nationstar, but a buyer under contract is exempt, so this buyer had nothing to lose by registering. Except by the time the auction rolled around, the buyer grew more anxious and nervous. Near the end of the auction period, Nationstar, we suspect, submitted a shill bid. This is a phony bid designed to encourage panic in the original buyer and result in a higher price. Until recently, this was a legal practice on behalf of Nationstar.
The shill bid by Nationstar caused the buyer to push up the price another 3% or so. The auction ended and our buyer won. We received short sale approval within a week. Shortly after entering escrow, the buyer canceled. Something about realizing the roof had to be replaced, which was always an existing issue and made clear. The buyer who was purchasing that buyer’s home was devastated and crushed because now that sale fell apart. We put the home back on the market.
See, the thing is this home was priced about $100K under its value, maybe more. It was in line with the comparable sales, which was how we could get it approved by the bank, but its actual value was considerably more. The neighborhood is high demand. End of a cul de sac, too, which is always a premium in Elk Grove. Sometimes I get these kinds of listings, but the pricing is typically geared toward what the bank will accept, which needs to match the comps.
Sure enough, an astute real estate agent came along who recognized this excellent value and put in an offer at list price for a cash investor client. While this happened, we also received a bunch of lowball offers from idiots. I don’t know why comps aren’t run at times but these are the guys whose M.O. is to throw offers at the wall to see what sticks. They don’t do their homework, so they miss out on good deals by just lowballing whatever the price seems to be.
Second time around with Nationstar took a month longer than the first time, and there was no argument about the auction. Nationstar held the auction and nobody bid. The buyer did not register for the auction. We were informed that because the buyer did not register nor bid, the short sale would start over and we would not receive an approval letter a few days later like we did the last time. Buyers should be aware that this happens. It takes longer for approval, so my suggestion is to register and bid, at a minimum, your purchase price contract amount to speed up the approval process.
On top of this, at the last minute, Nationstar decided to offer considerably less to the second lender, Bank of America, and the second bank would not budge from its demand. Bank of America said no to the offer. Ordinarily, in these situations, there are ways to bring the banks to an understanding. However, that procedure involved a lot more time and the sellers had already found a place to move. Anybody who knows me well knows my compassion but I am also astute. I don’t give away my paycheck. I work too hard. It is very rare for me to kick in cash to close a transaction, but every once in a blue moon it makes perfect sense, especially when the clients’ needs take precedence.
Many people don’t know it is against the Code of Ethics to ask a buyer’s agent to reduce the selling end commission. Yet, there are also ways to encourage a buyer’s agent to participate in a cash contribution without directly asking the agent to do it, but I decided just to pay the difference myself. It was expensive but worth it for my clients. Both of the banks allowed this hijacking. I absolutely will not pay a guy’s child support, however; and I’ve been asked, if you can believe it. But these sellers were unlikely to find another place to move that met their specific needs, the negotiator at Nationstar was not very cooperative and sometimes vanished for days, and this needed to end. It was in my power to make it end. So, I did.
Ten months of hell. Over. Clients: extremely grateful. That’s the silver lining.
Thoughts About Green Tree Short Sale Collections
A Green Tree employee at that notorious debt collection agency offered a vile suggestion to a homeowner in Elk Grove. This homeowner is a single mother with financial struggles, like many other suddenly divorced underwater homeowners in Elk Grove. It’s tough enough to raise children on a dual income much less a single salary. When she tried to explain her budget woes to the debt collector, Green Tree said: You should feed your children macaroni and cheese.
Where do they come up with this stuff? I have to suspect that it’s not in the script because if Green Tree compiled a script — and I’m not saying whether management does or doesn’t as I have no idea, but you’ve got to think that it does hand employees a script of objections — that script would be much more nasty. I suspect the person who made that statement figures a Mac ‘n’ Cheese diet?is a viable solution because it would be a solution in his or her own circumstance.
That kind of thinking probably stems from the same sort of person who might think it’s OK to chain your children to a tree in the backyard when you go to work. Who needs to afford daycare when you’ve got a 50-feet elm out back?
Sometimes short sale sellers hear from Green Tree that if they don’t make a payment, that Green Tree will not approve their short sale. Which is not a true statement. It’s a lie. The short sale department and the collection department are separate.
Green Tree debt collectors are not that different from debt collectors who work at any other collection agency. They will still call a borrower at work and hound. They apply pressure. They aren’t always very nice. Maybe they feed their own children macaroni and cheese as a sole diet? How happy can they be with their own lives if they have to spend all day on the phone calling delinquent borrowers and trying to squeeze a payment out of them? What a horrible job for these poor souls.
What would happen if people refused to take jobs like that?
If you need to do a Green Tree short sale, I close my Green Tree short sales and can offer suggestions to help ease your transition from underwater borrower to free-and-clear relief. You can call Elizabeth Weintraub at 916.233.6759. It doesn’t cost anything to do a short sale, and I’ll never tell you to subsist on macaroni and cheese.
