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The Sacramento Short Sale Closing Against the Odds
This was the Sacramento short sale that closed against the odds. If it wasn’t for the fact that I knew the buyer’s agent and had faith in her abilities, this particular short sale closing might never have happened. It’s almost as though we “willed it” to a conclusion, so closing occurred. Of course, having years of experience in closing hundreds of short sales helps — there is no denying that fact — but this particular short sale presented so many unique challenges. The sellers were very cooperative, too, which made the horribleness bearable.
The problem with this particular Sacramento short sale was not the fact there were two loans between Bank of America and Green Tree. I negotiate many short sales with two loans. Moreover, Green Tree is not a problem for me like it seems to be for other agents. After years of hammering, I’ve got the process down pat and know intimately how Green Tree operates. It also wasn’t the fact that there was a SMUD lien filed against the property. I know what to do with those, too. It was the condition of the home.
This is where many Sacramento short sale agents throw in the towel.
Half of the home was remodeled and the other half was not. Further, it needed a new roof because the existing roof was beyond its useful life. Did I mention the pest work? The conundrum: The seller is not responsible for the repairs. Buyers don’t want to do any work and they don’t have any money anyway. Toss into that mix the fact the bank wanted top dollar for this home — the same sales price as for a home in excellent condition — and couple that nonsense with there is really no arguing with the bank.
Unless there is strong argument, which is rare. Arguing with a short sale bank is usually a wasted effort because the banks just don’t care. The value banks typically want rarely reflect the BPO as much as it does the bottom-line net the bank could obtain through other financial options. The bank insisted on a crazy high list price, which I eventually convinced them to reduce. The buyers offered an even lower price, but they were willing to obtain an energy efficient mortgage (which involves a little known credit) and pay for other repairs.
I trusted the buyer’s agent to perform. This is where industry experience and networking pays off. We had the perfect match in this transaction. I had the sellers who needed to sell and she had the buyers who needed to buy. Challenges be damned.
The buyers didn’t have a lot of money, and we needed to rely on first-time home buyer loans and repair loans to help them to buy this house. Their agent is a pro at navigating the waters for first-time home buyers. Getting the approval from the bank for this Sacramento short sale was the first step. The second step was renegotiation with the bank. Yes, I know this goes against all that I preach about short sales and buying the home in AS IS condition without any further renegotiations but this was a special case. It wasn’t motivated by financial gain or greed.
I developed a strategy and presented a compelling case. We obtained the price reduction. The buyers got the home of their dreams. OK, maybe it’s not the home of their dreams right now, but it will be after the new roof is installed, the sewer lines are fixed, the pest work is completed and they eventually remodel the other half of the home. Sometimes, you’ve just got to have faith in the experience of your real estate agents to pull off what seems like an impossible transaction.
Oh, I almost forgot to mention. The sellers walked out of this with about $7,500 in cash from the bank. This was a sweet short sale, despite the additional work.
Why Home Buyers Won’t Buy a Short Sale in Sacramento
Like any other home on the market today, even the few short sale homes need to be highly desirable in some way to entice a home buyer to buy a short sale in Sacramento. Price alone won’t do it because the short sale lenders will demand market value. I get emails from agents who ask if I would consider wasting my time and the seller’s time to submit garbage offers on behalf of their greedy little buyers who love to lowball, and you’ve got to wonder what planet these agents live on. As additional information, the agents might offer up the fact they’ve been successful with this approach once years ago, like anybody cares.
Oh, geez, thanks for telling me. I smack my head. Dang-nabit, I had no idea.
They might say let me tell you about my buyer. No, don’t tell me. I don’t care. I don’t want to hear about his or her motives, angles, mission. I care only if the buyers are willing to do what it takes to get the lender to approve the short sale. Will they wait for approval and not cancel? An agent asked yesterday if it was OK for the buyer to cancel after I worked my tail off to obtain the short sale approval letter, in the event there was something about the property the buyer didn’t like. Sure, I replied, but be aware that I will then drive over to that buyer’s home and slash the tires on his car. Oh, he laughed and laughed.
Wow, we really want to take that offer. The buyer sounds so dedicated.
Today’s buyers, most of them, don’t want to wait for the short sale process. If they do decide to buy a short sale, it’s because the home is unique and it’s the only one like it on the market for miles around. Other short sale buyers are those who have a home to sell, and they are are buying contingent on selling. No fuss, no muss, no risk. If the contingent home is my listing, for example, I know their home will sell because they will be realistic, so those generally work out. But there is not a flood of buyers for short sales today.
I sold a Victorian short sale home in downtown Sacramento a few days before I left for my long winter vacation early last December. I worked on that short sale while enjoying an oceanfront view and warm breezes. Everybody was happy at the inception. We submitted all of the required paperwork to both banks: to the Bank of America short sale department and Chase. Chase had recently joined Equator but was not yet in Equator for this type of Chase short sale. Before the end of January, we had HAFA short sale approval from Bank of America. Eureka!
Chase Bank, because its HELOC department wasn’t yet in Equator, dragged its feet for another 60 days, despite repeated requests and hammering. The negotiator at Bank of America refused to give us an extension on the short sale and instead insisted on starting over. An unusual shitty move when the servicing was not sold. When Bank of America re-opened the file, it somehow messed up processing it as a HAFA. A logical person would think Bank of America vendors look at the previous file, but that would be like expecting a Sacramento real estate agent to study the history in MLS of a previous listing — just ain’t gonna happen.
Despite the HUD identifying this transaction as a HAFA and the notes I routinely slipped into Equator as a reminder, nope, it was processed as a traditional. A short sale agent doesn’t ordinarily discover these types of bank screw ups until the counter is issued in Equator. The seller didn’t care about HAFA by that time.
At several points, the buyer wanted to cancel. She was tired of waiting and didn’t really understand the delays. She delivered ultimatums, which don’t work. At another time, the sellers wanted to cancel. They had moved out and no longer cared about receiving the HAFA incentive; they just wanted it closed. The opportunity to eat the negative cash flow and rent it was beginning to look attractive to the sellers. In between, neighbors called to ask if was OK for them to steal the seller’s cats and take the critters to city animal control. Like wha? My main concern was the amount of time it would take Bank of America to process this as a traditional short sale after Chase finally got its act together.
I find my way around stumbling blocks. It’s what I do. The short sale closed this week, with the original buyer happy as a clam, extremely excited and relieved. The sellers are ecstatic. They appreciated my calm demeanor and keeping them on track. Approval from both banks took 5 months. That’s unusual and a long time.
Although I have closed hundreds of short sales in Sacramento, there is never a guarantee that we can get both of the short sale banks to cooperate and issue approvals at the same time. Often issues and delays pop up, regardless of how streamlined we make the process. If something can go wrong on the other side, it often does. Patience is the key to a short sale. And buyers in Sacramento don’t have a lot of patience in today’s real estate market.
Starting Over on a HAFA Due to Chase Bank Short Sale HELOC
What does it mean to start over on a HAFA short sale through Bank of America because the HELOC department (second lien holder) at Chase Bank messed up? That’s a question that is probably lingering in the minds of many frustrated home buyers across the United States right now because if it happens in Sacramento, you can bet it happens elsewhere. Let me be clear that a Chase Bank short sale, when Chase is in first position, actually seems to run rather smoothly in Equator now, it’s just those second liens that are a royal PITA.
Why, believe it or not, sellers and buyers can start a short sale in December and still be working on it at the end of March when the Chase HELOC department finally gets around to ordering a BPO. A Sacramento short sale agent can call 3 times a week and sometimes leave several messages a day and escalate, and nobody from Chase will return the call probably because they a) know an agent will call back or b) Chase doesn’t pay them enough to give a flying fig or c) they’ll quit or get fired.
Supervisors’ emails fill up with messages and they don’t return calls, either. Hello, Julio Escobedo?It seems that half the HELOC short sale department at Chase is either out to a 3-martini lunch, on vacation or sleeping in a broom closet. I hate to say this, but we had a much easier time with Chase when it was not using Equator for these second loans. Its performance today is dismal and disappointing.
But what else is new in a short sale? I’ve been closing them for 8 years now, hundreds of short sales. Now that we have approval from Bank of America on a certain HAFA short sale and we were able to beg, borrow and steal an extra two weeks to gain a short sale extension to close escrow, no matter how many hand grenades we toss at Chase, we can’t light a fire under its feet.
Chase will amble along, waddling like a fat walrus after a big lunch, drooling fish guts down its chin.
It’s not giving up to “start over” with Bank of America on a short sale. Because Bank of America is pretty streamlined in Equator. But then it’s been working harder on short sales than Chase, and that’s evident. Bank of America can approve a short sale 2 or 3 times in the length of time it will take Chase to issue one approval letter. Chase really needs to get with the program and clean up its work ethic. We’ll get a rush on the approval process at Bank of America and probably get the second approval for this HAFA short sale before Chase has had time to tie its shoes.
See, and this is why I buy stock at Bank of America and not Chase.
The Sacramento Short Sales Nobody Wants
It’s not surprising that I often agree to tackle the Sacramento short sales that no other real estate agent in Sacramento wants to handle. That’s because I don’t discriminate. As long as the seller’s situation warrants a short sale and this agent can see that short sale closing, I will list it, sell it, negotiate it and close it. If I don’t believe the short sale will close, I don’t accept the listing. Keeps life simple.
But what I think will close and what another agent in Sacramento believes will close is often two different things. That’s because there are agents who will not touch a short sale in which the seller owes money to more than one lender. These agents do not want to work on a short sale with two loans or more. They’ve been burned once or twice by second lenders so they automatically assume all second lenders are reluctant to cooperate with a short sale or they want to blackball certain lenders, which is so wrong.
Every short sale is unique. Every short sale is different. What a second lender might do in one transaction could be the opposite in another. Any Sacramento short sale agent worth her salt knows that it’s a defeatist attitude to automatically wish for the worst.
I’m thinking the reason that agents might lose enthusiasm for a short sale is because they probably haven’t closed enough of them. According to Trendgraphix, I have closed more than $65 million in short sales, more than any other short sale agent in the Sacramento seven-county area over the past 8 years. I’ve learned a thing or two negotiating this volume of short sales. The most important is not to be overly judgmental and to deal with the facts at hand. If it’s a little bit extra work for me, so what? That’s what I’m paid to do.
Just closed a short sale last month in which well-meaning buyer’s agents predicted disaster. They didn’t want their buyers to make an offer on the home because they thought the roof needed too much work. You know what? The roof never came up, and it sold FHA. The home inspector did not find any problems, either. Agents also thought the home was priced too high, yet it sold for a little bit more than its original list price. Other agents complained that the short sale had two loans and would take too long to get approval, if the second lender agreed at all because some agents had a bad experience with that particular lender.
The facts are we accepted an offer on October 18th, and we closed escrow on December 23rd. We had short sale approval from both lenders before the end of November. Plus, the seller pocketed $3,000 through the HAFA short sale program at closing. Everybody was happy, except those naysayer buyer’s agents who did not go to escrow due to ignorance.
How to Get a Short Sale Credit Report as Paid in Full
Up until now, it has been very tricky and almost impossible for a seller to immediately buy a home in her own name after closing a Sacramento short sale unless the short sale credit report shows paid in full. There were a few other ways to do it such as having a high FICO and big down payment, and working with a smaller bank that funds portfolio loans, but if a short sale seller has a high FICO and a big ol’ wad of cash, the short sale bank probably won’t grant the short sale. It has been like a Catch-22.
There is one way around it. Very few real estate agents seem to know about it because their bedime-reading material is not changes to government short sale programs. It’s how to get a short sale credit report as paid in full. I’ve read the recent HAFA Supplemental and know that this change exists, but I haven’t really tried it until now. This is the coolest thing ever. To qualify, the seller cannot have a Notice of Default filed. It is preferable to be current on the mortgage payments, but if a seller is behind a payment or two, it’s not the end of the world. Not every short sale bank investor will allow a seller to be current but many have loosened guidelines to allow for it.
Which makes sense when you think about it, even though banking rules don’t always make sense to us mere mortals. It makes sense that the investors would prefer to get some money than no money, but that would mean somebody was actually looking out for the investors and not just pocketing big ol’ wads of cash through the PSA agreement. When a seller comes to the bank to ask for a short sale and plans to continue making payments, you’d think a bank would not have to say: Sorry, we don’t want your stinkin’ money. Stop making your payments, go into arrears, and then we’ll short sale it. Because that’s ludicrous. But like I said, banking rules don’t always make sense until somebody yells out: Hey, what’s that man doing behind the curtain?
The new HAFA short sale guidelines allow for a different type of reporting of the satisfaction of mortgage for less than the full balance to the credit bureaus. If there is no Notice of Default filed, the short sale credit bureau reporting is PAID IN FULL. Not paid in full for less than agreed, no, no, no, none of that garbage. Paid in FULL. Do you know what Paid in Full means to a person’s credit report? It means the loan was paid off. Period. There is no derogatory credit. If there is no derogatory credit, there is no hit to the credit score.
Paid in full for a short sale credit report is huge. This is humongous. This is incredible. About time, too. If you’re thinking about doing a short sale in the Sacramento area, call your #1 Sacramento short sale agent, Elizabeth Weintraub, at 916 233 6759. I am a HAFA Certified Specialist.
