I have been doing short sales for just over three years. The evolution of the short sale in that relatively short period of time, has been dramatic. The dramatic change has come at a rapid-fire rate in the last five months. In April, a property went under contract as a short sale, with two loans (same lender), and closed within ten weeks. In May a property went under contract, with two different lenders (primary was the same as the previously mentioned sale), it didn’t close until early September, and even then with much drama, stress, chaos, threats from Buyer to walk, inappropriate emails from Buyer, Sellers under great stress and financially crushed – but it CLOSED. What used to seem to be a logical conclusion – sell the property to someone and cut your losses lender, it is the market after all… is now changing.
Over the last month I have spoken to a number of local Real Estate Attorneys in my market, and what I am being told by them is – the short sale is dead. Why? Because the lenders want the debt reaffirmed, the lenders don’t want to pay any closing costs, assists, or commissions. They will not pay the Attorneys fees, or negotiator fees. This is not for ALL lenders, but it seems to be sweeping through many.
Why do the lenders suddenly feel this way? I have been told there are two reasons…
1. Insurance. The lenders have insurance against default on the loans, which often pays more than then the short sale may, so rather than take $.10 on the dollar, they are rolling the dice and collecting their insurance.
2. Market recovery. The lenders believe that by the time they take a property into Foreclosure/REO the market will have recovered a little, allowing the lender to make more money. So to wait 3-6 months and make $50,000 more on a property seems to be worth it, despite the fact that as I understand it the cost to foreclose is between $20-50,000.
I won’t list another Short Sale. It is not that I don’t want to help people, I definitely do, but the lenders don’t want to help people. The last one I did was for a wonderful family with seven children, the Father lost his job, and the Mother did not work, they found a job out of state and moved, leaving the home well cared for and in good condition. The lender would not negotiate, would not consider their hardship, would not put a human face on it, and it is a lender I had respected. The pain and anguish I watched this family go through was heartbreaking. Never again.
I will not list a short sale, too much work, too much time, too much drama, and too much heartbreak. But will I sell one? That depends. Lenders are not paying commission, we as Real Estate agents are at the mercy of the bank and have no idea what we are working for in the end, and if you are an agent like me you work just as hard for any client, on any property, regardless of financial circumstances. Was it worth all my work on the last few to have my commission cut at the last moment? Not at all.
So what have I started doing? I tell my Buyers to pay me. If the commission is listed at 3% I will ask them to sign a legally binding document stating that they will personally pay the difference between the final bank paid commission and the agreed upon amount, so if a lender pays 2.5%, then my Buyer agrees to pay the difference of .5%. Do I think it is fair? Absolutely. No one works for free except a Real Estate Agent and that expectation needs to change. I am an expert, I bring my experience, knowledge and skills to the table to serve your needs, and get you the home and deal you want.
While I am working so hard to fight for you to get that house, and while the lender wants every possible deal brought to them, until the last possible moment, you are going to sit and wait for months, waiting for nothing, waiting for something… or just waiting. It is not worth it, there are no guarantees, the lenders are changing the game on a daily basis. If it says Short Sale, I do the following before I even show it:
1. Call the listing agent to find out how many offers are in, and what the Lender has instructed them to do.
2. Find out which Attorney (Delaware is a Lawyer State) is representing the Seller so as to determine where in the process they are.
3. Read the fine print – make sure it is not one of the recent growth in predatory individuals who is “helping” the homeowner “sell” their house, taking a commission, bumping costs up, and requiring a 3% Buyers fee be paid to them (big problem here).
If the answer to #1 is none, great lets go… If the answer to #2 is a positive, even better! And #3. I know who they are and I know to avoid them, but others don’t.
So, if you are my client and want to Buy a short sale, know the terms up front, because when I explain it may take 3-4 months, I don’t want to hear you whining at 10 weeks, and wondering at 16 weeks, and moaning at 24 weeks… oh look, that is more than four months… guess what? No guarantees, no promises. You want to play in the pool, then be ready to tread water, and if you want me as your lifeguard, you might have to guarantee your own life preserver.