Short Sale Flow Chart
September 22nd, 2009Short Sale Flow Chart
The next Loss Mitigation Certification Workshop (LMC) that I will be presenting is September 28 & 29 at the Emerald Coast Association of Realtors (Fort Walton Beach). Give Paula Bailey, Director of Education a call at 850-243-6145 for availability. I will also be making the LMC presentation at the Northeast Florida Association of Realtors (Jacksonville) October 15 & 16. Give Joy Huber, Director of Education 904-394-9494 a call for availability.
If you are not familiar with short sales I recommend reading my three short sale articles posted in my blog. I believe they will provide a solid foundation of information that you will be able to use when listing or selling a short sale house.
In this positing I begin with what a licensee should do and what to avoid when listing short sale houses. I believe the most important decision a licensee makes when listing in today’s market is the seller worthy of your efforts? Once that determination has been made the rest of the process is much simpler. I also discuss some very important don’ts that should be avoided like the plague or in today’s perspective the swine flue.
The information I’m going to share with you was obtained by my office as first hand experience as well as from other brokers and sales associates. Please remember, no two lenders handle these matters the same. So let’s have some fun and start our discussion abut listing and selling overleveraged and short sale houses.
During the listing appointment if the seller tells you they want to sell to an investor for cash, and you bird dog opportunities for investors, turn it over to one of your investor clients. If this is a Florida property make sure the investor complies with Florida’s Foreclosure Fraud Statue. In all other states make sure the investor complies with your state’s laws regulating short sales and pre-foreclosures. Please remember: the investor may not be violating any license law issues – however, when a licensee is involved in a real estate transaction the burden of compliance always comes back to them.
If you determine that the seller will be uncooperative or asks you to do something that does not pass your “smell” test – don’t list the property. Here’s something to think about when pricing a short sale. The listing licensee or the seller suggests a listing price well below its market value to generate activity. If a licensee lists a property for a price both the licensee and the seller know is not acceptable, a case of misrepresentation and false advertising can be made under Florida statues. It would not make any difference if the listing indicated that the selling price was subject to a third party lender or not; it’s more a matter of advertising something that is known to not be acceptable.
Would the seller violate Florida law if he states he would sell a property at a certain price even though he knew if would not actually sell at the price? Probably not. Whether the seller could be held accountable for civil damages due to his misrepresentation, would be completely determined by the individual facts in the case. The seller more than likely is suit proof – is the licensee? Probably not.
If the seller tells you they signed a quit clam deed – don’t list the property even if the seller tells you the investor didn’t record the instrument. Remember in Real Estate 101 – Florida law does not require a deed to be recorded. If the seller confides after you have listed the property that an investor came along and convinced them to sign a quit claim deed – cancel the listing as the seller no longer owns the property.
Your listing appointment has gone very well; the seller has realistic expectations; and you have determined they deserve your attention and effort to help them with the sale of their property. Next you want to provide them with the following disclosures:
o Agency (as required by your state)
o Authorization and Release Form (so their lender will talk with you)
o Alternatives to Foreclosure (other choices the seller has )
o Sellers Financial Disclosures (if they are unwilling to provide this information you may not be able to help them)
o Foreclosure Disclaimer (tells the seller you may not be able to stop a foreclosure)
The listed price should be the current market value established by a comparative market analysis (CMA). Think about our earlier pricing discussion. Improperly pricing short sale and pre-foreclosure properties in today’s regulatory market would be Russian Roulette with all six chambers loaded.
Have the seller call his lender to find out who the Loss Mitigator is for his property. This may be difficult because the only number the seller may have is the collection department. If this is unsuccessful (usually is) send an initial package to the lender. The initial package includes: the Authorization and Release Form; seller’s hardship letter (prepared by the seller) more about the hardship letter in my next posting; if there are major repairs, a contractor’s quote to establish repair costs; and a comprehensive CMA reflecting current market conditions.
We want (would like) (prey for) (wish for) a timely response from the lender. In the real world that usually doesn’t happen. However, by establishing a paper trail for our seller we have started them on the right path.
I know there is a tremendous demand for knowledge on short sale transactions so I will be doing my best to keeping you informed. I also know there are many classes available to learn about short sales. Many of these classes are focused on earning commissions and I know that’s important. Remember when you saw the movie The Last Crusade, and Harrison Ford was confronted with choosing the Holy Grail? The knight who was guarding the chalets told Indiana, “Choose wisely.” You have to choose wisely the information you will be relying on because the FBI, IRS, and state agencies are actively investigating short sale and pre-foreclosure transactions.
In my next posting I will continue through the flow chart and discuss the responses we are likely to get from the lender and what we need to do .
Wishing you continued real estate success.
Ulrich Leinhase, GRI
Florida Licensed Real Estate Broker
Educating Successful Real Estate Professionals™