Email Elizabethhard money loan
Closing a Short Sale with USAA
Closing a short sale with USAA when the loan is in second position and a hard-money loan is a lot different than closing a short sale with USAA when the loan is a first mortgage with this lender. If you don’t care about reading the particulars, then you might want to click the back arrow on my blog to read a more amusing piece because this one will give you nightmares.
I met with the sellers in February at their beautiful home in Natomas. They were the last holdouts of that community. Everybody else who bought when they did has since sold that underwater home and moved away. The neighbors who paid half a million are gone and replaced by college kids who party on rent free in the rentals recently purchased by their parents for about half that price. The demographics are remarkably changed.
They recalled our conversation later, the images and words still vivid in their minds. This would not be an easy short sale. It would involve stress. It might be tough. I gave it to them straight. But I believed it would close. I have not lost a short sale for a long, long time. It’s why people know me as the best Sacramento short sale agent in town.
The first lender was Green Tree and the investor Fannie Mae, easy to work with for a first mortgage. But the second lender, USAA, was much more difficult. I am used to the way lenders submit demand letters for much more than they are willing settle for, as that’s often a normal method of operandi. We negotiate a bit and they settle. But not USAA. They asked for an astounding amount of money, and issued an approval letter based on that amount, which is basically worthless.
Because the investor was Fannie Mae, the maximum they could receive was $6,000. California Civil Code 580e prevents the sellers from making a contribution or being required to pay anything extra above the proceeds of sale for the short sale. We argued. Eventually, we had received what amounted to as 4 rejections from USAA, each asking for a ridiculous amount of money to settle.
By that point, even my faith was beginning to tremble. I had to wrestle with do I tell the sellers or don’t I? I finally concluded they should know that we had a good chance it might not close. That was not a piece of information I should shelter them from because it was not my place to withhold those pertinent facts. It didn’t mean I was giving up by any stretch, but they needed to be prepared, just in case. They deserved to know my thoughts. Everything I had read about USAA indicated that USAA would not bend, but you can’t always believe online crap, especially from agents who don’t close very many short sales.
I pushed forward though. I sent a 5th request for short sale approval and explained all of the reasons why. Then, it was like an awakening in the Biblical sense. Trumpets playing. Clouds parted. And angels appeared. OK, I overslept. But the fact remains that USAA approved the short sale and accepted the $6,000 payoff. They just needed to deny it 4 times first, most likely in accordance with guidelines. We closed last week.
The Worst Sacramento Short Sale
A bouquet of daisies can brighten up just about any old dreary situation — whether it’s a Sacramento short sale that’s driving you nuts, the fact you’re living back home with your parents as 36.4% of Sacramentans adults aged 18 to 31 are according to 2011 Census Bureau data, or maybe you feel too sick to go to work because you’re just plainly sick of work. I have a lot of daisies growing in my yard in Land Park, which I didn’t plant, but they’re thriving in the back yard gardens just the same. So, I hope you like the photo I shot of the daisies I picked.
Daisies perk me up. You can’t help but smile when looking at them. Daisies are probably the happiest flower there is. Even when they’re twisted and growing weirdly to reach upwards toward the sun because some person, I’m not saying who, has not weeded the crap around them, daisies are still joyful. Dancing. Spreading glee.
Unlike the poor soul who called yesterday about doing the worst short sale ever. I looked up the property in the tax records first because that tells me a lot about the seller, the property and what’s happened over the years. Let’s say this condo is in Roseville. It was enough to ascertain that the homeowner had probably been involved in a loan modification for a while. Yup, I was right about that. Plus, he last made a payment 2 years ago. Those things are actually pretty good aspects for a potential short sale in Sacramento.
On the other hand, an interrupted bankruptcy not yet dismissed, another bankruptcy petition on the horizon and a hard-money second mortgage without a loan number, which has most likely been charged off, are not good things. A homeowner can’t do a short sale when a bankruptcy is pending. His Sacramento short sale agent can’t negotiate a second mortgage without a loan number. Hard-money lenders play hardball, if they play at all due to the nature of recourse. And, let’s not even talk about the potential for federal income tax liens or that the homeowner’s association is threatening to sue for $25,000.
Buyers will pay for a lot of things in a short sale. Some buyers will even pay delinquent HOA dues on behalf of the seller, but it’s got to make financial sense. I finally had to ask the caller if he would like to look at the situation objectively. I mean, let’s just isolate one aspect such as the delinquent homeowner dues. First, I don’t know how a homeowner’s association can claim it is owed $25,000 when the dues are around $300 a month. Are they demanding a percentage of equity?
But let’s just say that number is correct. This person’s Roseville condo is worth about $150,000. So the question is if a buyer is paying $150,000 in cash to buy this condo, is there an incentive to pay an additional $25,000? The Sacramento market is hot, but it’s not that hot. The seller agrees. He has questions he needs answers to and more information before choosing a course of action.
Actually, his short sale could be worse. I can think of more things that would make it worse, but why make myself or anybody that miserable? If you’re wondering about a short sale or maybe just selling a home in Roseville, you can call Elizabeth Weintraub at 916 233 6759, and we’ll analyze your situation together. Every short sale is different. Even the worst ones.
*Some of the facts have been changed to protect the homeowner’s privacy.
Two Loans on a Sacramento Short Sale
One of the reasons I write a daily blog is to educate and share my real estate knowledge with other people, and I hope it’s entertaining along the way. My secret to being so successful at blogging is that I write about what I know; I don’t write about what I don’t know. I might not know how to keep a souffle from falling or a yogurt from curdling so I don’t write about cooking, but I do know how to negotiate and close a Sacramento short sale.
As such, I recognize those who do not. It’s like a secret club in Sacramento. Nobody wants to admit that they don’t really know much about short sales, but most agents rarely deal with a short sale. I wish they would just tell me they need help, and I’d gladly help them, but some of them don’t want anybody to know. It’s like a badge of shame or something, which is ridiculous. While I can understand that reluctance, they’re not doing anybody any favors.
For example, an agent who doesn’t know much about short sales might tell their buyer that the buyer should not write an offer on a short sale with two loans. The agent might erroneously believe that it won’t close or the odds are it will be more difficult, which isn’t necessarily true. Two loans on a short sale provide less excitement than, say, a Bank of America FHA short sale or certain lender’s HAFA short sales or even a Fannie Mae short sale. Sometimes the two loans are held by the same institution, in which case even if the second loan was hard money that loan is probably exempt from recourse in California, so the lenders are more likely to cooperate.
I just closed a short sale recently that had a loan for almost $500,000 and that bank accepted a $6,000 pay off from the first lender. Don’t let the fact that there are two loans on a short sale frighten you away. Of course, there is one exception that could cause difficulty, although I haven’t yet encountered it, but I see it out there on the horizon. That is when the first lender refuses to issue an approval until the second lender issues its approval, and the second lender refuses to issue its approval until the first lender issues its approval. Yeah, it’s a Catch 22, and I did not much care for the book, either. One bank eventually caves in.
The reason a first lender might not want to issue an approval letter is because of the new law that went into effect on January 1 of this year which says after an approval letter is issued, the lender must stop foreclosure: The Homeowner Bill of Rights. It’s the only way to stop dual tracking. But I have ways to work around it, so if you’re looking for an experienced Sacramento short sale agent, make sure you call an agent like me who has closed hundreds of short sales. Don’t draw the short straw when it comes to your very own short sale agent.
A guy told me yesterday he had been talking with his property management company about doing a short sale. The property management company admitted that it does not sell real estate, it only manages rentals, but offered to do the short sale for him. What? How insane is that? It’s bad enough to give your listing to an agent who doesn’t sell real estate, but give it to an agent who doesn’t do short sales? Why don’t you just cut off your head now and leave it rolling in the street?
A Cash Offer to Buy a Home is Not Always Cash
A South Pacific reef lobster-related cut still smiles on my thumb. That and a few no-see-um bites is all that remains from my 3-week vacation in French Polynesia. At least that’s all I spot as I do a full body check, heading out the door this morning to my Midtown office. Eyeballs have contacts. Check. Keys. Check. Pants. Check. I’m good to go. The life of a Sacramento real estate agent never really stops, it just slows down a little bit over the holidays. It’s like my life goes into slow motion and all the seas are calm. As a reminder, I give you this red hibiscus found on Bora Bora.
There will be more listings to take this week. Which is good because the inventory is so low in Sacramento right now that buyer’s agents are emailing and asking me to notify them before a listing goes on the market. That won’t do anybody any good though because there is no “first shot” at a property. All listings are exposed to the widest pool of buyers possible, which means complete mayhem in this market but that’s the way it goes. It doesn’t matter if the listing is a regular home for sale by a seller with equity or if it’s a short sale, every seller deserves equal opportunity among the vast number of buyers.
Sellers don’t want limited exposure. The short sale banks don’t want side deals going on, either, or buyers sneaking in the back door. Everybody gets a chance to buy. I realize it’s super tough to buy a home in Sacramento; it’s tough for many buyers in this market. That’s because some buyers are waiving cash around. Cash offers tend to get priority. Few buyers can compete with a cash offer.
I recall a few weeks ago a buyer’s agent emailed me while I was in Bora Bora. She asked if she could write an offer as all cash and yet reserve the right for her buyer to obtain a hard-money loan. That’s kind of back-door way to write an offer, and while I understand why a buyer would do it, it’s not really a true picture. The true picture is the offer is a hard money loan with the right reserved to pay cash. If you want to be honest about it. So, that’s the way she wrote it, and the seller accepted it.
You don’t need to play games to buy a home in Sacramento.
Photo: Adam Weintraub
