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Bank of America FHA Short Sale Approved
Wow, a Bank of America FHA short sale started in December of last year finally closed escrow in November. It took 11 months to close the sale of this Rancho Cordova home. And this was an escrow in which the seller hired and paid a lawyer to negotiate. They did this before they called me. I was hired solely to sell the short sale, not to negotiate, which is a little odd but OK. I do whatever my clients want.
A representative from the Sacramento law firm called the Bank of America negotiator at one point almost every single day. It’s not just a Sacramento short sale agent who struggles with the B of A FHA Short sale processes. Lawyers can fare even worse.
I’ll tell you who has the hardest job in all of this. It’s the buyer’s agent. It’s that Sacramento buyer’s agent who is saddled with the job of having to call that potential homeowner every week or so to explain what’s going on. These agents have to give plausible reasons for the delay yet continue to build hope in their client’s heart. It’s not an easy job by any stretch. Half the time the buyer’s agents don’t know what’s going on because nobody tells them anything. They are not allowed to talk to the short sale bank.
I understand how difficult that job is, and that’s one of the reasons I post my updates online. Yeah, right on my website, you can read Sacramento short sale updates. Buyer’s agents and their buyers can access daily updates. Each property is identified by the street name without the house number. No personal information of either the seller nor the buyer is divulged. It’s mostly actions committed by and requested by the bank so all parties to the transaction can monitor the movement. My Sacramento short sales do not fall into a black hole. Anybody and their Uncle Joe can see that I am constantly on top of my short sales. I am held accountable for my actions.
Which is more than one can say about Bank of America and its FHA short sales. Unfortunately.
You see, there is nothing that I can really do about a Bank of America FHA short sale. Especially when I am not negotiating it. I am not an agent who farms out her negotiations to another short sale negotiator. I care about my clients too much to do that. (Although, sometimes it is necessary to bring in a lawyer, but that’s rare.) I do my own work. I am hands on. As a result, I have learned that I can lessen the damage, the heartbreak, the disappointments by not putting that short sale on the market until we have the Approval to Participate from FHA. That’s the only way I have found to shorten the 8- to 12-month wait for approval on an FHA short sale at Bank of America. After receiving the Approval to Participate, that wait is only 4 to 6 months, and that’s not half as bad.
Maybe Your Roseville Home is Worth More?
Of my four closings yesterday, two of those homes were regular transactions and not short sales. I hope this is a trend that continues. Fewer short sales, more equity sales. Because for the past 7 years, most of my business in the Sacramento four-county area has been short sales. That’s why they call me a Sacramento short sale agent. But before short sales, I enjoyed a long career selling regular homes. People tend to forget about that. But I don’t because my job is to help sellers sell their home, regardless of what it is.
One of those closings was a home in Roseville. It was owned by a spunky 82-year-old woman whom everybody adored. I mean everybody: the title company, the escrow officer, the buyer, the buyer’s agent, and especially me. This woman is incredible. Funny, sweet and smart. I could not believe that her family dumped her at the last minute. The home was hers alone, but a while ago her family members decided to join her in title. I’m not sure exactly why but I’m betting they felt she had equity, and they wanted a piece of it. When she told them she was interested in selling, they convinced her that she would have to do a short sale. If she was to short sale, they wanted to bail because they did not want to participate in a short sale. No money to them and nothing but a hassle.
See, the thing is a short sale lender will want everybody to participate in the short sale process, even if the parties are not on the mortgage. If they are on title, they need to fill out all of the paperwork, just like the mortgagors, and apply for the short sale. This seller’s family members were so sure she had to sell as a short sale that they deeded the home back to her and recorded that deed! I always check out title before I take a listing. Three decades ago I used to work at First American Title. This seller definitely had clear title to the home. A home with equity!
She was also very shocked when I told her she did not have to do a short sale. She had plenty of equity. This Roseville seller had enough equity to sell her home for top dollar, pay a commission, all of her closing costs and back taxes, and still have a lot of money leftover. Do you know how good that feels as a real estate agent to share with a seller that kind of good news? Or, as a seller to hear it? To find out that instead of a short sale, you can protect your credit and stash, say, $20,000 in the bank. When you’re on a fixed income, $20,000 could be a year’s income or more.
It beats the alternative. I had to inform a Land Park seller last year that her Land Park home had slipped into short sale territory and that she needed to sell as a short sale. We tried to sell as an equity sale but it hadn’t been working. She exploded to the point that I had to cancel the listing. Just blew up at me. I always try to tell people the hard truth but not everybody can handle an agent who is direct. Some prefer agents who sugar-coat, beat around the bush, and that’s not me. Eventually, that Land Park seller put her home back on the market as a short sale with another agent. That was too bad. Because I would have done a good job for her. You can trust that I will always try to do what is best for the seller.
But before jumping to the conclusion that your home is underwater, you should ask a real estate agent for her opinion of value. You might be pleasantly surprised. Some of us do a bang-up job at pricing a home and figuring out market value.
A Bank of America FHA Short Sale Disaster
This Bank of America short sale doesn’t compare to the Bank of America HAFA that had 25 HUDs. But we’ve had at least half that many HUDs requested already on this Bank of America FHA Short Sale. The negotiator can’t decide what he wants or needs. First it’s THIS, then it’s THAT, then it’s THIS OTHER THING and then he’s back to THIS again. I call it the HUD game. The Bank of America negotiators call it doing business in a normal fashion. It’s enough to make a Sacramento short sale agent watch FOX News. No, not really, nothing would make me that insane.
But I try to have empathy. It’s not easy being a Bank of America negotiator and being despised by so many. The clients can’t stand them and the agents aren’t faring much better. One of them accused my mild-mannered and extremely polite assistant of “bullying” when she asked why he refuses to do what he says he will do. It’s like the guy has suffered a total memory lapse, but I suspect his inability to perform is due to keeping incomplete notes. He will say one thing, and when we call him back he has no recollection of the conversation and says something else.
Unlike Alzheimer victims, the negotiators seem like they are coherent. However, on top of the poor record keeping and inconsistent behavior, is the sudden loss of files on those Bank of America FHA short sales. We have a Sacramento short sale that we started in February. By the end of March, we had approval from Citimortgage, the second lender, which changed its name a while back to One Main Financial. By the end of June, we finally received the Approval to Participate from HUD on this FHA short sale. I guess Bank of America fired the negotiator or maybe she died, hard to say, but she vanished one day. Poof. We got a new negotiator in the middle of September who informed us he had absolutely no paperwork whatsoever.
Maybe he picked up the file, glanced at it, and said: What is this garbage — and threw it into the recycling? Or, maybe the previous negotiator stuffed it in the shredder on her way out the door? I suppose it’s possible a Bank of America employee suffering from a combination of pica and low wages, driven by desperation and starvation, ate it?
This negotiator has asked us to add a dead person to the purchase contract and to all of the paperwork. The deceased person was never part of the contract. Her name was not recorded on the deed; it’s also not on the promissory note and not on the deed of trust. Somewhere along the line, in some ancient paperwork, a clerk at Bank of America typed the deceased person’s name on a file, on a piece of paper. In this negotiator’s infinite wisdom, that means putting a person who does not belong on title on all of the paperwork and on the HUD, which violates federal law (RESPA) as well as several local laws. Negotiators don’t have a real estate background. They don’t understand title insurance. They certainly don’t understand law, although I bet they dream of a career in law enforcement.
This is a $75,000 home in Sacramento. The person I feel tremendous empathy for is the seller. Next to that is the buyer who is sitting idle in escrow twiddling his thumbs. He is ready to close. His lender is ready to fund. The second lender forced the seller to pay $150 to get an extension that is good to next week. We told the second lender they cannot make the seller pay for anything in a short sale as a condition of short sale approval, according to California Civil Code 580e. One Main Financial did not care. It thumbed its nose at the seller and said: pay up or we won’t issue the extension.
Now, the negotiator at Bank of America is asking us to send him a letter from One Main Financial (the second lender) explaining how and why One Main Financial is servicing loans for Citimortgage. See, you can’t make up this stuff. As a Sacramento short sale agent, I see the most incredible crap go down at Bank of America. All one can do is send it to the Executive Office, write about it, and hope the the bank can eventually fix some of its problems.
Overall, Bank of America does a fairly good job with its short sales. But these FHA short sales leave this Sacramento short sale agent slack-jawed, shaking her head. I imagine this will close but not before we step over a few dead bodies. Forget the coffee, Bank of America could probably use some Viagra.
Bank of America is Pro Short Sale
Bank of America has a message for underwater homeowners in Sacramento, it appears. That message is: Bank of America wants to do your short sale. People have heard all of the horror stories about the many, many months it takes to do a Bank of America short sale, and that is not always the case. In fact, it’s rarely the case. This Sacramento short sale agent can initiate and close a Bank of America short sale, from start to finish, in about 45 days. Even without a hardship. Yup, Bank of America is granting strategic short sales and all kinds of other short sales just to get rid of those loans, for whatever reasons.
For example, you might ask when is a HAFA short sale not a HAFA short sale? Because sometimes homeowners don’t qualify for the HAFA. There is a new law that says the banks must explain what constitutes qualification for a HAFA because that’s been left up to each bank to decide, and often that method is a complete mystery. Well, far as I can see, it still is a mystery. We can do our best-guess-scenarios here in Sacramento, and I have few theories myself, but nothing in concrete as to the exact criteria used. So, in that regard, nobody can really figure out if the bank is handing out crap or what because the bank still writes its own rules.
In any case, a HAFA short sale is not a HAFA short sale when Bank of America says it has switched to a Cooperative Short Sale. We started out with a HAFA application for a home in Natomas, a neighborhood in Sacramento in which almost every home is a potential short sale if it hasn’t recently sold. Somewhere in the middle, Bank of America switched the short sale to a Cooperative. If you ask the bank, it will tell you that you need to initiate the Cooperative short sale before you have an offer, not after an offer has been presented to the bank. It will also tell you it doesn’t do Cooperatives in which there is a second loan. But they make exceptions. This home had a second loan. I have, in fact, done other Cooperative Short Sales in which there was more than one loan, and that second loan was not held by Bank of America.
There are exceptions to everything. The banks decide what they will except and which variances they will not grant. That’s the thing about short sales. They use the rules when it’s to their favor, and they ignore the rules when it’s to their favor.
So, if you think you know exactly which end is up and what you are doing, then you are most likely not a Sacramento short sale agent working on a Bank of America short sale.
This Bank of America short sale closed yesterday as a Cooperative Short Sale, paying the seller $2,500 and releasing both the first and second mortgages without liability.
Auditing a Bank of America FHA Short Sale
If you think a Bank of America FHA short sale is a nightmarish experience, consider auditing the file. Bank of America negotiators who work with FHA loans slated for short sale routinely audit those HUD files before submitting the file to Quality Assurance. This is where the file gets held up or set aside to rot in a pile of forgotten paperwork. Because I am betting that 9 times out of 10 those files are incomplete or wrong. This is not necessarily the fault of the negotiator at Bank of America as much as it is the fault of the Sacramento short sale agent.
I know you didn’t think I would say that. But I see the offers that come in on my Sacramento short sales, so I know the mistakes that are made. Logic has it that if there are that many mistakes in a purchase offer, imagine some of those negotiations. Agents are not known, to be kind about it, for their paperwork skills.
You might say but wait, Elizabeth Weintraub, you are a Sacramento short sale agent. Are YOU known for your paperwork skills? Actually, I am. Because once upon a time in a faraway land I was a Certified Escrow Officer. Those skills are very helpful to me in processing and negotiating Sacramento short sales.
So, this morning, I audited a file on behalf of Bank of America. I am not waiting for the negotiator to tell me what is missing. I have closed so many FHA short sales that I know what’s required and could probably recite it in my sleep. There are clauses that must be contained in the purchase contract. The address must be spelled out on every single document and complete. All parties need to be in contract with no expirations regarding terms or conditions. Those are just the simple things. There are also more complicated things.
I am presently working on a file in which the deceased mother of the seller was once noted by mistake on a promissory note. No doubt caused by a loan processor somewhere and not caught by an escrow officer. The mother was not on the mortgage. She was never on the title. She had no interest in this property, but a paperwork nightmare was created when her name showed up typed on a promissory note. The problem that is caused is the bank can’t issue approval without the execution of documents by a person who is no longer on the face of this earth. Bank of America wants the deceased’s name on the documents and the deceased to sign off. Unfortunately, the HUD cannot reflect a person’s name who is not on title. See the dilemma?
But this why you can rely on a Sacramento short sale agent who was once an escrow officer. I drew an addendum to fix the mistakes made by the negotiator from Bank of America and submitted the addendum for signature this morning. I’m not waiting for the negotiator to discover his own mistakes. And that’s what makes the difference between a Sacramento short sale that closes and a short sale that falls into the abyss.
