Choices
“When you wrestle with your choices you can take that as a sign that good sense will return, sooner or later.”
Have you ever found yourself in a position that forced you to make decisions you might not have made at another time? Maybe you run out of gas on the way to an important meeting causing you to adjust your commute. Perhaps there is a slow train blocking your normal route. When an inconvenience causes your normal plans to be thwarted, you have the option to 1. Wait for the inconvenience to disappear (ie, the passing train is gone), or 2. Choose an alternate path.
When we wait for inconveniences to pass, there is less action and the responsibility for solving the problem remains outside ourselves. Once the train passes, or the tow truck brings some gas, we continue on our way.
On the other hand, choosing an alternate path gives us the responsibility for the new chosen solution. For example, since we know the train is going slowly and there are several places we can turn to cross the tracks, we might alter our route and avoid the train all together. Maybe we also choose to buy gas before the last second and our tank never runs empty. With a full tank of gas and an alternate route to the meeting, everything goes smoothly and we are on time.
There is another example that many home owners and investors are experiencing. The recent decline in property values and the number of less than perfect loans written during the past seven years, many people are finding their sure-fire investment in Real Estate worth considerably less than they planned. Those who have also experienced a decrease in earnings might find themselves getting a little behind on the mortgage payments. The banks and their investors expect borrowers to continue to pay even if you lose income. If you don’t pay, the bank wants to protect their cash investment and will take back the collateral that secures the mortgage…usually your home.
Foreclosure seems like the nasty ole bank coming after an innocent homeowner to steal their house and all the equity. However, foreclosure is a legal process that is used to protect the investment made by the bank when they believed you would honor your commitments to pay them back. When you cannot pay them back the money owed, they have very few options but to take the house instead. They might offer loan modification as an alternate way for you to keep the home. This enables them to lose less money than if they take the house back in foreclosure. Foreclosure is a mechanism that forces the homeowner to relinquish their rights to a property, whether or not they prefer to do so.
Are there any other options?
There is another way. A bank can accept less than the amount owed to them in the mortgage. They are not obligated to do this, but it is normally in their best interest to allow the homeowner to sell their house for less than the mortgage amount because this amount is still more than they would receive if they take the house to a full foreclosure. Selling a house for less than the amount owed is normally called a “short sale”. The bank chooses to accept a payoff amount that is less. Less expensive for them, and much more beneficial for the homeowner who is voluntarily (though not necessarily happily) relinquishing their rights to the property by selling it to someone else. Since the homeowner is leaving the property voluntarily, there is normally less damage to the home than a disgruntled owner who sometimes tries to “get back at the bank.” Doing damage to a property is still vandalism – not a recommended solution to anger management issues – and can be prosecuted.
Tell me about Short Sale options
Offering a property for sale for less than the mortgage amount is fairly straight forward. Listing the property in MLS is required by the bank; this helps to determine the market value of the property. In the listing there are a couple of contingencies listed stating that the sale has conditions. Third-party lender approval of the sale is one common contingency. Some MLS systems offer an explicit “Short Sale” category telling other Realtors and potential buyers that this sale is a little bit special.
The Problem
The biggest problem with a short sale is the amount of time they take. Once the property is listed in MLS, the property could theoretically be sold right away. The only thing is, the bank has to review all offers on the property. This can take almost forever. Since banks are processing so many short sale requests right now, the file will sit on their desk for an average of 30 days before anyone even looks at it. The first part of the short sale process is waiting for a bank employee to be assigned to review the offer. The next thing that happens is waiting for the bank to hire someone to go out to the house and tell them how much the property is worth. Before any action has happened, we have waited at least 35-45 days. At this point the bank can consider the offer that was submitted. Reviewing the offer in comparison to the perceived value of the property, the bank could in theory decide in 5 minutes that the offer is or is not good enough to accept. In many cases, this process does not take 5 minutes. This process might take 5 months and can take even longer. While all of this waiting is taking place, the buyer who made the original offer gets extremely tired of waiting. They don’t really need to wait for this offer to be accepted because they can walk down the street and buy a different house for possibly less than their offer to the bank 90 or so days earlier. They cancel their offer on the property and leave the homeowner with no buyer. This process can be extraordinarily frustrating.
The Solution
There is a very good solution to this problem! Let me summarize a short sale briefly for you here. I write an agreement with the property owner. The agreement includes the information about the mortgages and authorization to speak with all lenders for the property. A member of my team begins negotiating with the lenders to justify a price they will accept so we can buy and sell the property. At the same time that the negotiations are taking place, the property is listed in MLS. Every couple weeks the listing price for the property is reduced. Eventually the market price of the property will be determined because buyers will start being interested and making offers.
This Really Works
The main advantage this solution provides is that an offer is made to the lenders very early in the sale process. There is no waiting for a buyer to take interest in the property that is listed for a price that is too high. As the negotiations are taking place, the price is adjusting so buyers will begin to take interest as the process nears completion. We help another family avoid foreclosure. We give the bank more money than they would receive through foreclosure. We hopefully make some money for solving the problem for all parties.
There is a solution.
Real Estate Tidbit:
I can help you as a Realtor to get more houses sold. My current focus is on luxury homes. I can consider lower priced homes on a case by case basis. Visit www.SecretWeaponForRealtors.com to learn how I can help you. If you’re not a Realtor, the site www.FriendlyHouseBuyer.com might be more helpful for you. Contact me and let me know about your situation.




