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It Takes a Village to Close a Sacramento Escrow
Pia is stressed at the vet.
Welcome to home buying stress. Anybody who is buying a home in Sacramento today is stressed out. I don’t care who you are. There is no way to buy a home and not be stressed about it, so don’t feel alone. Even if you’re lucky enough to have beat out all of the competition and get your purchase offer accepted, you still need to get through underwriting. Lenders are much more strict than they were 5 years ago, more restrictive than a year ago or last month, it seems. Just because your lender says you’re fully approved does not mean you will get a loan.
I’m not trying to give you one more thing to worry about but getting approved by underwriting is a concern. I had one seller cancel an escrow a few months back because the buyer asked for too many extensions. It wasn’t even a short sale, it was a home with equity in Elk Grove. No matter what the buyer did, she could not close her loan. The reason she could not close her loan was because the IRS was backlogged. She needed her tax returns from the IRS. She couldn’t get them. My seller got tired of waiting and canceled. I didn’t blame her.
Another buyer in Lincoln could not close on her approved short sale. Something happened to her financial situation so the USDA loan she was trying to get was no longer a reality. She could not afford the FHA loan under its program terms, so she ended up losing the house. She lost her earnest money deposit, too, if I recall correctly, or maybe they are still fighting over it. My seller sold to another buyer who could perform.
Just last night, a Roseville buyer found out her “fully approved loan” did not pass underwriting. She needs to now haul in her parents to be cosigners, which means escrow will be delayed. All I can say is thank goodness this escrow is not a short sale and we don’t have to beg and plead with a short sale bank for a short sale extension that we may or may not receive. My seller expected to close this week, and now she will have to wait another couple of weeks or start with over with a new buyer. Oy.
My cat Pia is feeling very stressed. In fact, I had to rush her to Davis last night for an emergency vet visit. We are not ruling out a urinary tract infection but it could just be stress. She is stressed for a number of reasons. The vet says my work stress might affect my cat. Working as a Sacramento real estate agent can be stressful, even if it’s suppressed. Who knew stress could transfer to your pets? She is also very upset because I sold the dining room table, not to mention, her buddy, my husband, has been unavailable to her. Her environment has changed. Cats hate environmental changes.
The real estate environment has changed in Sacramento. This is not your mother’s residential resale market. It’s a world with wacky mortgage and appraisal guidelines, extreme competition, not only from other home buyers but from cash investors; and very few homes for sale. Better hope you have a good real estate team on your side. Believe me, it takes a village to close escrow these days. I won’t sugarcoat it for you. But the Elizabeth Weintraub Team will do everything in our power to get your escrow closed.
An Investor Can Do a HAFA Short Sale
This week I am working on listing several investor-owned short sales in Sacramento, one of which will be a HAFA short sale. People think that an investor — a non-owner occupant — can’t do a short sale, but an investor can do a short sale. An investor can even qualify for a government short sale program such as the HAFA short sale, or my very favorite streamlined type of short sale: the Bank of America Cooperative Short Sale. Unfortunately, though, the HAFA Supplemental from last June removes the seller’s incentive portion, the $3,000 cash for a short sale that typically goes to the seller, so there’s not much of a reason to do a HAFA short sale for an investor in California. You have to live in the property to get the $3,000. Which means the tenant gets the cash.
There is a big reason to do a HAFA from a bank’s point of view. The bank gets paid from the government to do a HAFA. You might think so what, the money is insignificant. What is it? $1500? Until you stop to consider that $1500 times 1,000 short sales is one and a half million dollars. Put another way: $1500 times 10,000 short sales is $15 million. You wonder why Bank of America is pushing the HAFA short sale? Besides the National Mortgage Settlement, there’s that $15 million multiplied over and over. You can’t get past the first stage in Equator until the seller talks with the bank about a HAFA.
But not every HAFA is a nightmare to do. Some you’d rather poke out your eyeballs, some not. Sometimes, it is necessary to do a HAFA because a regular short sale has too much scrutiny. The government continually changes how it handles its HAFA short sales. I am a CHS, a Certified HAFA Specialist. I paid attention in class. It used to be that the investor needed a definite hardship to do a HAFA, but that’s not necessarily true anymore. I suspect part of the HAFA process was overhauled because nobody was doing them. People were shunning the HAFAs because the restrictions were difficult to meet. But they’ve loosened up.
It used to be you had to live in the home, and now you don’t. It used to be that the mortgage payment had to exceed 31% of your gross monthly income, and now it doesn’t. It used to be that you had to show an extreme financial hardship, detailed in your hardship letter and documented by tax returns, and now you don’t. It used to be you couldn’t have large sums of cash in the bank and now it doesn’t matter. I had a client complete a Chase HAFA short sale, and he supplied bank statements that showed $80,000 in his savings account. It wasn’t an IRA or a retirement account, it was cash. His financials reflected disposable income. Yet, the government gave him $3,000 and Chase approved his short sale. Yes, a Chase Bank short sale with no hardship.
If you’re worried that you don’t have much of a hardship, and your lender is Chase Bank or Bank of America, you can probably do a HAFA short sale. Investor guidelines will dictate. You just gotta have the story. I find that Wells Fargo will do strategic short sales as well as long as the investor is delinquent. Although, as a Sacramento short sale agent, it is against the law for me to tell an investor or any seller to stop making a mortgage payment. I can’t give legal advice nor suggest a seller become delinquent. I am required to say if a seller stops making a mortgage payment, a seller could lose his or her home. But if you’re gonna lose the house anyway, what the hey.
Criteria for a Sacramento Short Sale Client
I can astonish myself at the words that come out of my mouth. This agent doesn’t mince words. I say exactly what I mean, and I pride myself on communication. People say I can take the most complicated situation and break it down into simple words that make sense to others. It’s a gift, I suppose. Not everybody can do this. It’s probably why I was chosen to work for the New York Times and write about home buying on About.com on the side, but my primary job and focus is selling Sacramento real estate. As such, I work with people I don’t know, known as people from the public, from the subdivisions of Sacramento. They call me out of the blue.
I prefer to work with those who are referred to me because I know at least one other person has verified their sanity. Otherwise, it’s turning out this year to be a 50 / 50 proposition. I try to weed out the crazy people from my life. I know that’s terrible because they need help, too, especially those who might have to do a short sale. It’s not nice to discriminate, and I feel bad about not working with those people because it’s probably not their fault that they’re nuts. They could have been born with this defect. I mean, who are we to judge? Yet, we do judge. It’s human nature.
Not only that, but everyone of us is a little bit nuts. Especially by comparison to each other. I don’t think anybody is 100% sane. Not even me, although I probably believe I’m more rational than most. I possess a lot of common sense, and let me tell you, common sense will take you a long way particularly if you have enough common sense to wear comfortable shoes. When asked to pick my favorite sense among our 5 senses, I’ll take common sense for 1000, Alex.
I listened to a woman scream yesterday. On a Saturday, not even a week day. It’s my fault for answering the phone. She wasn’t my client. She was the girlfriend of an underwater seller who was trying to become my client. She believed that as a Sacramento short sale agent, I should represent her boyfriend to the bank exactly like a lawyer would represent him. She didn’t believe he should have to talk to the bank. There is a part in the Bank of America short sale process in which the borrower needs to call the bank. I am not a lawyer. As a Sacramento short sale agent, I cannot fill out a borrower’s paperwork, and I cannot make that customer survey phone call to the bank.
Finally, I had to say that what we have here is a failure to communicate. I don’t even like Cool Hand Luke. Now, I realize many people today are distressed. It’s difficult to figure out what to do with an upside down house. By the time a seller calls me, he or she is probably at the end of his or her rope, running out of options. I try to be sensitive to my clients’ situations and attentive to their needs. But my policy is I represent people I like and respect. This couple did not end up being one of those.
Let’s Talk Like a Pirate About Sacramento Short Sales
What do you say to a biker whose motorcycle is blocking your car? Probably the same thing you’d say to a short sale negotiator, but then I’m not Myrl Jeffcoat. And Myrl Jeffcoat would most likely not be talking to a short sale negotiator regardless of how great of a Sacramento REALTOR Mryl might be because Myrl doesn’t particularly want to do short sales. Myrl is not a Sacramento short sale agent like insane REALTOR Elizabeth Weintraub, but that doesn’t mean she can’t appreciate the horror stories.
Since it was International Talk Like a Pirate Day yesterday, Myrl and I went to lunch in Land Park to celebrate. We parked in front of The Golden1 over on Broadway. The security guard made me re-park my car more efficiently because it was his job to stand in front of The Golden1 to ensure that there are at least 3 parking spaces at all times in front of The Golden1. I suppose he’s also there to shoot the little old ladies from Target who might try to rob the credit union. I hear that bank robberies by women are on the rise, and I’ve got to say you’ve come a long way, baby. Or, maybe men just want things done more efficiently. Hard to say. I’m not gonna argue with a security guard who gives me a free parking spot in front of The Golden1. I deal with short sale negotiators day in and day out, and you just give them what they want. You don’t argue.
Although, yesterday, a negotiator at AMS called; she was a bit flustered. AMS is a third-party vendor for Bank of America, which is my favorite, favorite, short sale bank. Oh, say what you will about B of A, maybe it’s simply the devil I know, but I love doing Bank of America short sales. This negotiator had asked previously for the seller agency. It had not been uploaded to Equator because there was no task for it. She had opened tasks for 2 other things but not the seller agency.
I thought this for a minute, and it dawned on me that this negotiator most likely had no idea what a seller agency was, so why did she want it? I asked her. She wanted it because the buyer’s agent had sent an extra copy with the offer, and the extra copy was not signed. Her job is to get signatures. I took the time to explain agency disclosures. How they work. Why we sign them. And asked if the seller had signed agency disclosure on a document with the buyer and the buyer’s agent. Yup, they had. So we were good, and she did not need another document. Once the negotiator understood this, she withdrew her request. This short sale was submitted for approval.
On the other hand, after lunch at The China Buffet, Myrl and I started to walk back toward my car. Myrl stopped at the bar, adjacent to The China Buffet. She stuck her head in the open door and announced that the owner of a motorcycle was blocking a vehicle in the parking lot. She demanded they remove it. At first, I wondered why Myrl cared about somebody else’s car. It seemed like she was about to provoke a biker who was drinking at noon inside a bar. Myrl is a lot smarter than that. I looked again at the vehicle. It was a Mercedes. I used to drive a Mercedes but I bought a new car last year; although German, it is not a Mercedes.
Oh, wait.
Well, I pondered the situation and decided I did not know Myrl. Nope, I believe this woman is a complete stranger to me, and I would keep right on walking. Yes, I believe I will walk across the street and stand on the sidewalk to see how this plays out. You know, she watched me park in front of The Golden1. She watched me walk back to my car and move it to a spot that made the security guard very happy. And now she was yelling at a biker in a bar. Perhaps she should talk like a pirate about Sacramento short sales and that will get her out of that bar alive.
This is one of the reasons I really enjoy hanging out with Myrl Jeffcoat. There is never a dull moment. Unlike this other short sale with Bank of America. It’s an FHA short sale, so it’s not in Equator and is a whole other animal. We’ve been working on it since February. Let’s just say the HUD procedures at B of A are a tad flawed but they can’t be the king of all short sales. I’m grateful for the traditional and the Cooperative Short Sales. The FHA short sales are the price to pay for those. It’s a tradeoff.
Our negotiator at Bank of America promised after all of these months she would approve the short sale on Wednesday. Said as soon as we got her the extension from Citimortgage (there is a second loan who approved months ago), she would issue the approval. We were so excited. We emailed her to remind her of her promise to send the approval letter. In exchange, we received this email (I kid you not):
I will be out of the office starting 09/19/12 for an undetermined amount of time. If you have any questions or concerns, please contact New Negotiator assigned to the file. Customer Service phone # 866.880.1232.
I can see that it’s time to Tweet the Bank of America Social Media Team. Arrr, me mateys and drunken sailors. Yes, let’s talk like a pirate about Sacramento short sales.
A Bank of America Short Sale Counter Offer
Before I talk about a Bank of America short sale counter offer, let’s address this Lady Gaga thing. I mention it only because if I received an engraved invitation, I would decline to attend an event to watch Lady Gaga in a bottle strip to her undies and get a tattoo. I would not go even if I was invited through a last-minute text message. Surely, there are better things to do, no? Like, take out the garbage before your house starts to stink or get a pedicure. But this Lady Gaga thing was a huge black-tie event attended by celebrities as a debut perfume launch. It hurts my eyes to even read about it.
But maybe that’s why I am a Sacramento short sale agent and not running around with the likes of Jason Wu, Paris Hilton or Lindsay Lohan. I have many more exciting things to do like talk to third-party vendors at Bank of America about counter offers. What is a Bank of America counter offer? Well, for starters, it is not exactly a counter offer, which confuses a lot of Sacramento sellers. I try not to use jargon when talking with my clients, but sometimes it slips out, and for that I am truly sorry. I am not sorry that I didn’t go to the Lady Gaga event.
A short sale counter offer is issued by Bank of America or a third-party vendor representing Bank of America through Equator. It is a formal response to all of the fees noted on the HUD and submitted to Equator by this Sacramento short sale agent. See, if the bank can reduce some of the fees, that will increase the bottom-line net to the bank. Plus, investor guidelines state acceptable and non-acceptable fees. Some of the fees often contested are miscellaneous title services such as doc prep, courier, notary and some don’t want to authorize payment for recording of the deed. Sometimes they reduce the escrow fee.
In Sacramento, it is customary for the seller to pay the escrow fee. But in other parts of the country and California, the escrow fee is often split 50 / 50 between seller and buyer. It is not unusual for the bank to place a maximum cap on the amount it will authorize. In many instances, that amount is $750.
There are also negotiators at the bank who do not read the net sheets we send them. They instead read the HUD, and the HUD is very confusing to many people. Ever since the RESPA change a few years ago, we’ve been fighting battles with bank negotiators who insist that credits to the buyer are not allowed — when the credits shown on the HUD are not really a credit to the buyer at all. Sound confusing? Imagine how the bank negotiators feel.
Yesterday I spotted a city transfer tax fee of almost $600 that the negotiator had removed from the HUD. When fees are removed, it means the buyer has to pay them. Because of SB 458, the seller cannot pay fees the bank refuses to authorize. So, I questioned the negotiator. I asked her why it was removed because it was a standard and customary fee paid by the seller in Sacramento. This fee is based on .275% of 1% of the sales price. It can amount to a lot of money, in this case: six hundred bucks.
Turns out the negotiator thought it was a buyer credit on the HUD. After I explained that there were no credits at all on the HUD, the negotiator put that number back into the list of authorized fees and approved it. I wonder if she would like a bottle of Lady Gaga’s new perfume?
Photo: used with permission bigstockphoto
