homeowners bill of rights

A Solution to the War Between Two Short Sale Banks

Short-sale-crooks-300x168You’ve got life easy if you’ve never had to talk to short sale banks. Be thankful for that. Man, I used to see myself as a person with little patience. That’s one of the reasons why I tried back in my 20’s to learn how to sew. I was under the impression that sewing a dress would teach me patience. You know, you’ve got to trace the pattern on the cloth, carefully cut it out and figure out how to attach the pieces without sewing them inside out or upside down.

My dress ended up in the trash can. It wasn’t disappointing to me. It was satisfaction.

However, over the years, I seem to have acquired patience. I have no idea where it came from. One day it wasn’t there and the next it was. I toyed with the thought that it’s possible aliens have taken over my mind or maybe the 1960s had some sort of long-lasting effects like those flashbacks that never materialized. Hard to say, but patience is absolutely required if a Sacramento real estate agent needs to negotiate a short sale.

The latest irritation that popped up this year, part of the aftermath from passing the Homeowner Bill of Rights, is when the first lender and the second lender refuse to see eye-to-eye about issuing short sale approval. I’m not issuing approval first, says the first lender, arms folded, you issue it. So, we try to reason with the second lender. I’m not issuing approval first, says the second lender, let the first lender go first. What reminds me of being back in grade school has been going on all year long. It’s enough to make an agent with less patience smack ’em.

I understand the reasoning. If the second issues approval, it shows the hand of how much it will accept from the first. Some second lenders would rather let the first make an offer of compensation. On the other hand, if the first issues approval, not only does it set the stage for compensation to the second, because it does not want to revise the approval, but it is also obligated to stop all foreclosure action. Yeah, that’s the real reason. Now the first can’t move forward with foreclosure, especially if it can’t come to an agreement on compensation to the second.

Short sale approval is the only part of the Homeowner Bill of Rights that protects a seller in the event of a short sale. Applying for a short sale offers zero protection, none. Protection is afforded only after the short sale approval.

One solution to get around this stalemate is to have one of the lenders issue approval for a short time period. The letter can contain a short expiration date, like 7 days to 10 days out. And, that’s exactly what happened in a West Sacramento short sale today.

There are always ways around a problem. If you’re looking for a patient Sacramento real estate agent who finds solutions, call Elizabeth Weintraub at 916 233 6759.

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