Short Sales: New Trends Making It From Short To Shock?

Despite of the numerous headlines proclaiming that short sales are improving greatly, convincing the unsuspecting reader that the time has arrived to write up an offer on one, this could not be further from the truth.

Now, more than ever one should avoid short sales. Even though the general perception is that the banks “are getting slightly easier to deal with”: offering programs and online platforms for short sale sellers and their agents, the transactions themselves are getting even tougher to close.

Although, it is clear that foreclosures are costly and expensive for banks, the fact that banks are hugely reluctant to participate in HAFA is a shocking reality. Here are a few common statements: banks are not in the business of buying or selling homes. When banks foreclose on a home, they become responsible for selling it. It’s difficult for banks to sell foreclosed homes, yet they still do everything possible to complicate short sale process and they continue to do everything possible to deny short sales, rather than approve it. Well, there might be a new good reasons for the banks now chose to opt for foreclosures, read on and you will be shocked.

Making Home Affordable. “Home Affordable Foreclosure Alternatives Program”: the statement behind HAFA, is powerful and clear, and the government put so much good will and effort behind it. Unfortunately, it remains just a “wishful thinking”! The banks now more than ever, proclaim one thing but do entirely different “behind the scenes”.

Here are a few new trends to watch:

BPO’s continue to come ABOVE current market value! Seriously, where is the logic in this?

Investors: Banks hide behind their “investors”: a very dangerous and fast-growing trend.

One of my short sales was denied yesterday because the “investor” wanted to net 25% more than the actual market value! What a preposterous request! The property was listed at current market value, supported by current and relevant comps, and surprisingly, by the bank’s own BPO.  The contract price was slightly higher than the listing price, respectively higher than current market, yet the “investor” wanted more! That same “investor” made a statement that they prefer to foreclose rather than agree to accept a contract slightly above market. One cannot help it but wonder where were these “investors” when the banks were in a desperate need of financial help? The government not only stepped in and “bailed out” the banks, but continues to seek programs and solutions to restore the economic balance. It is intolerable that the banks do not reciprocate in playing their important part in the process, or at least honor their part of the deal.

Non-institutional liens: In many cases, short sale lenders are unwilling to use any money from the sale proceeds in order to help the short sale seller to pay off these non-institutional liens. You can talk with the lender until you are blue in the face, but there are certain investors and specific lien holders that will refuse to give in and allow any money towards non-institutional liens, such as: state tax liens, abstracts of judgment and HOA liens continue to be a huge hurdle to closing short sale transactions.

Incentives, offered to sellers: not honored. Many are the banks that advertised attractive incentives to those sellers willing to consider short-selling their home. It is now very clear that some of these banks used this as a desperate attempt to correct the negative publicity they had generated in the recent years. Good example, whereas the original lender was : Bank of America, the file was handled by “Servicer”, Green Tree- and of course they had “never heard” of any incentives offered to sellers…Out of 15 files I had for BOA, 13 were handled by servicers.

Real Estate Commissions: banks continue to request reductions on the real estate commissions and fees. Despite of government efforts to correct this, it is happening again and again. Realtors did not receive any breaks when their business was hit when real estate markets went down; they were not “bailed out” by the government! They took their losses and went day in and day out to do the best they could to help an entire industry in distress. They did not cause the difficult situation of the seller; neither did they cause the decline in the market values, although the banks quickly tried to include them in the category “to blame”. So why do the banks feel that the Realtors should not get paid especially in short sales when both, the seller’s and the buyer’s agents have to double their work to compensate for the in adequacies of the banks? 

Foreclosure vs Short Sale: and, yes: banks openly state that they prefer to foreclose rather than agree to a short-sale on a property, contradictory to the popular belief and general perception that “banks are not in the business to own real estate”! This is the latest trend to watch: banks are looking to expand their efforts in actually foreclosing and managing the properties as landlords.

Wonder, what comes next?

Stay tuned for more on Foreclosure and Short Sale news.

Kate Smith, Realtor®, ABR, CRS, CLHMS, CDPE, E-Pro, SFR, TRC
Luxury Residential, Commercial and Distressed Properties Specialist
Cell: 786.412.8510; Fax: 954.923.4554;
kate@hollywood-beach-real-estate.com
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“Some make it happen, some watch it happen, and some say, what happened?”

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