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Get Your Short Sale Package Upon Initiation
Did you miss the earthquake drill yesterday? We were sitting in the doctor’s office waiting room when 10:18 had come and gone. Darn it. But then, until my husband told me about the earthquake drill, I had not heard about it. That’s because I don’t hang out on social websites during the day. Nope, this little hamster on the hamster wheel is busy wheeling and dealing in short sales and Sacramento real estate. Nose to the grindstone and all of that.
Still, I managed to miss observing the drill. Because if I had known about it, I would have wanted to observe. Certainly, nobody in the doctor’s office was doing a duck-and-cover. You’ve got to ask yourself, though, did anybody really believe that diving under your desk with your hands over your head would protect you against a bomb? A nuclear bomb? No, in the 1950s, you just did what you were told and you didn’t question it. It’s life experiences like this, the duck-and-cover, that has prepared me for my career-turn to a Sacramento short sale agent. It takes a special kind of person, I’m convinced.
Take a short sale package, for example. Way back in the early years of short sales, like 2007, I used to hand out short sale packages in advance to my clients. Sometimes, I would email the packages. Mostly these were financial P&Ls like a 710. Today, we have a ton of options at our disposal, but I don’t routinely send out a short sale package before we open the short sale file. The reason I don’t is because I don’t want my sellers to do any more work than they have to do. I want to limit the pain.
Not only do the requirements change from day to day, but the forms change, too. There is a short sale in Lincoln that I’ve sold 4 times now. The first 3 packages did not include this particular financial, but the present sale does. You may wonder why did Wells Fargo not require this and now it does? Legal crap. Sometimes, it’s one word in a document that changes.
It’s not just a Wells Fargo short sale in which the required forms and documents can morph. Bank of America has changed its third party authorization more times than I can count. I’ve run out of fingers and toes. So, when I don’t give you a short sale package in advance to complete, it’s not because I’m failing to be proactive or shirking my duty. It’s because I don’t want you to have to fill out one package and then be told you need to complete a different package. Especially those arm’s length affidavits that require a notary. I’m trying to save you time and agony. Because heaven knows there is enough agony in a short sale as it is.
Equator Starts the Day for a Sacramento Short Sale Agent
When it’s 5 AM in Sacramento, it’s 8 AM on the East Coast. I get a head start on my day by updating my Sacramento short sales before people start calling. However, I am finding it is increasingly difficult to write my blog uninterrupted on a Tuesday morning because all of the short sale negotiators in Equator are up and at ’em first thing. It’s like they don’t touch their computer all week or something. They wait until Tuesday. My inbox begins dinging with Equator emails at 5 AM. I could not imagine looking at a file only once a week, but that’s how some short sale negotiators seem to handle their workload.
Many short sale lenders are using Equator now for processing short sales. We’re all anxiously awaiting for JPMorgan Chase to join Equator but it doesn’t seem to be happening. I keep hearing rumors that Chase will be on Equator. First, it was last summer, then by this fall, and it’s just not a reality yet. But we do have the top 4, which are Bank of America, Wells Fargo, GMAC / Ally and Nationstar.
The thing with Equator — as I was explaining yesterday in my presentation to the ballroom of agents at Lyon Real Estate’s FRED (Fun Realtor Education Day) event — is it over communicates. It used to send agents emails containing specific messages and those messages were also kept in a property folder on Equator. Now, for some reason, Equator generates an email to tell a Sacramento short sale agent that there is an email in Equator. And when the agent gets to Equator, the email directs the agent to a task. Except the task is not really always a task. I prefer the old method because I knew what I was getting into before I got there. It’s not always worth it to open Equator. Sometimes, the messages are pointless.
Not only are some of the messages pointless, the messages can also be “system generated.” A system-generated message will say things like somebody is reviewing documents. But nobody is really reviewing documents. Yet, I am not about to complain about Equator. No sirree. I know what life was like for this Sacramento short sale agent before Equator, and I never want to go back there.
It’s bad enough that I have to work on Bank of America FHA short sales outside of Equator. I don’t wish that horrible experience on any short sale agent. I love Equator and an Equator short sale. I am Equator Platinum Certified, not only for short sales but also for REOs. I received certifications for both. I don’t handle REOs, but you never know, one day I might. I have belonged to Equator since its transformation from REOTrans. It’s a lifeline for Sacramento short sale agents.
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.
CITI Almost Thwarts Short Sale of East Sacramento Home
Do you know how hard it is to keep up a seller’s spirits in an East Sacramento short sale? I try very hard to make sure the first buyer we go into escrow with is the buyer we will close escrow with the first time around. I never want to say to a seller: “Look, we’ve got approval twice already, I am confident that buyer #3 will close this time.” Because sellers get exhausted when short sales drag on and on due to buyer cancellations. Not every seller has the wherewithal to hang in there. Some just give up. Throw in the towel. Walk away.
That’s why it’s important to close escrow with the first and only home buyer. It’s how we closed escrow yesterday on another East Sacramento home. This was a buyer who really fell in love with the home. Almost every agent says her buyer loves the home when the offer is presented, but buyers and agents tend to change their tune as the short sale progresses. The engagement process is often all fun and sparkly but some lose enthusiasm along the way. Not this buyer. She was a real trooper. She waited 6 months for this short sale to close. Homes in East Sacramento are worth the wait.
First, the bank decided it wanted a higher sales price. It’s the bank’s prerogative. Often when a home doesn’t move for whatever reason and we end up reducing the price, the banks put the price back where it was in the first place or close enough to it. That’s why it’s extremely important not to price an East Sacramento home too high when you’re deciding on a short sale price. But you don’t want to be too low because you might attract a buyer who can’t afford to increase her price if the bank demands it. It’s like Goldilocks: for homes in East Sacramento you want to be priced just right.
Then, when the buyer’s appraiser did her appraisal, she did not read the purchase contract. The buyer’s agent gave her a copy of the purchase contract and the price increase, but the appraiser was either too busy or she simply ignored the information. Pricing homes in East Sacramento is an art. Not every appraiser is up to snuff. Her appraisal came in at the list price and not the appraised price. It was $15,000 too low. This held up the closing while we scrambled to assemble comparable sales and push the buyer’s lender to reassess.
The second lender, Citimortgage, now One Main Financial, demanded an excessive amount to settle. Wells Fargo met most of the demand except for the last $1,200. It always seems to come down to $500 or $1,000 when we come to a standstill at the OK Corral. You gotta wonder what is wrong with these corporations that they would let a deal blow up over a few dollars, but they do and they will. I guess if you looked at $1,000 x 10,000 deals, that’s $10 million. But the buyer agreed to pay it out-of-pocket. Bless her sweet little heart.
Citimortgage had refused to extend this escrow. Because the appraisal review delayed the closing, we were past our approval letter date. By all accounts, the short sale had expired. We begged and pleaded but CITI denied our requests. They’d only given us 2 weeks in the first place, which is virtually impossible unless the buyer had moved forward on the loan as I had suggested and she, thank goodness, had complied. In the end CITI relented and gave us an extra 24 hours, which we managed to meet.
I like to examine my closings afterward to figure out what this Sacramento short sale agent can do to improve future closings. After 35-some years in the business, I still try to learn. Nothing is ever perfect. In this East Sacramento short sale, if I had changed the listed price in MLS, I could have prevented a clueless appraiser from making a mistake. I am reluctant to change a list price in the middle of an escrow just in case it falls out, but now that we have a seller’s market in Sacramento, there is really very little risk to increasing the sales price during escrow. And it just might avoid a future problem when the next appraiser screws up. It’s smart to be one step ahead at all times. That’s what I strive for.
How to Time Your Sacramento Short Sale
Two things potential sellers tend to ask this Sacramento short sale agent. The first is whether the bank will do a short sale. The answer to that is generally yes, unless you just bought a new home in your name. If you’ve just bought a new home in your name, unfortunately, you’re pretty much hosed and you should probably talk to a lawyer about that bad advice. The second question is how long does it take to close a short sale? What a seller is really asking is not how long it takes to close but when the seller must move.
Closing hundreds of short sales give this Sacramento real estate agent a unique perspective. Based on a seller’s individual situation, I can pretty much predict when the seller will have to move out. In some short sales, a seller should not move out at all until closing. A little known and recent supplemental twist to the HAFA short sale, for example, withholds the $3,000 payment to the seller if the property is unoccupied.
I also ask sellers why are they in a rush to move out? If they are not making a mortgage payment, and most of them are not making a payment, it’s free rent to stay in the home. Why move elsewhere and pay two sets of utility bills? Plus, moving out leaves the home vulnerable to vandals. There are good reasons to stay put.
Timing the short sale is important. A seller’s convenience is the most important. A potential seller from Granite Bay called me last week. He wanted to know if he could rent back and close his short sale. I’m glad he called me and not somebody else because the answer to his situation is no. He needs to delay his short sale until he’s ready to move. His short sale will take 120 days and he needs 6 months. On top of this, few short sale banks will grant a short sale to a seller who intends to rent back. In fact, one of my team members brought a short listing in MLS to my attention last week. The listing agent had noted in the confidential remarks the seller would sell only to an investor who would let the seller rent back. The lender was Wells Fargo. Lottsa luck there, buddy.
In a Wells Fargo short sale, all parties sign an arm’s length. No exceptions. See, the thing is if a seller and listing agent commit mortgage fraud — and violating an arm’s length could be considered mortgage fraud — a seller has given the bank a potentially legal reason to set aside the deficiency waiver. That means the seller could end up owing the bank the difference between the sales price and the mortgage payoff after the short sale closed. Simply because the agent gave the seller bad advice. Legal advice, on top of it, which an agent is not allowed to do.
My time frame for closing a short sale is my seller’s time frame. I am in no rush. I won’t push a seller to put her home on the market. To do a short sale, a seller must be ready to move forward. I advise my sellers along the way and help them to adjust their moving plans depending on their particular short sale circumstances. Stuff happens. Are you ready to do a short sale? Timing that short sale is everything. Hiring the right Sacramento short sale agent is a close second. It’s OK to ask your agent if it’s time to put your home on the market based on your own personal situation. In fact, I insist.
