Short Sale Blog

How to Prepare a BPO That Helps Your Short Sale Get Approved

Ross Kilburn - Thursday, January 28, 2010
Hey Everyone,

A friendly reminder that our BPO training is this morning:

UPCOMING BPO TRAINING WEBINAR:
Please join our webinar on Thursday, January 28th, from 10:00am - 11:00am.

http://seattleshortsales.com/webinars/

What we will cover:
  • Why preparing a BPO is critical to getting rapid short sale approvals
  • Step-by-step instructions on filling out a BPO form
  • How to work within the lender's comparable property guidelines and still get the number you need
  • The 3 easy steps to gathering perfect comps from the MLS
  • The quick math trick that helps you immediately determine the best comps
  • How to use Zillow to gather market condition data for the BPO
  • When and how to make 'adjustments' for your comps that the lenders will approve
  • What to list in the repair section and what to avoid
  • How to calculate the final 'market value' and the one rule you need to follow
  • What the lender wants for BPO photos and what you should actually provide
  • Why you should take the "conservative buyer" or "worst-case" approach to valuations
  • The importance of meeting with the lender's BPO agent and validating the existing offer
There is no charge for this BPO training. Pre-registration is required. We have 50 spots available and 32 sign-ups as of a few minutes ago. If you are interested, you probably will want to sign up now.

http://seattleshortsales.com/webinars/

If you have any questions, just reply to this email and I will get back to you as soon as possible.

To your success,

Ross Kilburn
Seattle Short Sales, Inc.
800-603-3525 (office)
888-860-1314 (fax)

Lessons From the Frontline - Lender Lies, Junior Lien HUD Tricks and HAFA Success

Ross Kilburn - Tuesday, January 19, 2010

Well, it has been another incredibly fascinating week at Seattle Short Sales. Let's jump right in and go over four recent Cases and see what we can learn:

MILL CREEK: The BPO we submitted compelled Wells to lower their demand by $85k

We submitted the short sale to Wells Fargo on 11/6. The offer was for $315k. The BPO was completed on 11/13. On 12/21, LaShonda from Wells Fargo countered our offer at $400k. That’s a full 25% more than the offer!

We explained to her that the property had been listed at $352k and that this was the only offer received since October 1st. We attached the property history. We asked LaShonda to review her counter. She said we can request a BPO dispute with the BPO department. We were told to provide a CMA to support the offer.

We took her up on the offer, but instead of a CMA, we submitted a BPO done by the listing agent. On 1/15, we received an approval letter with the contract sales price of $315k.

The lessons:

  1. Never give up, even if the lender’s counter is 30% higher than the offer price
  2. Use BPOs, never CMAs.
  3. All short sales are a negotiation, never blindly trust the lender.

MOUNTLAKE TERRACE: Don't give up even when Aurora tells you to come up by $116,000

We submitted the short sale to Aurora Loan Servicing on 11/11. Our offer was for $184,700. The complete package was received and assigned to a negotiator on 11/17. On 11/23 we were told that the offer was extremely low, and that they are looking for $300k.

Everyone in the transaction was disappointed to hear that news. However, the offer wasn’t officially rejected. We were told to expect an update on 1/17. On 1/18, Aurora countered the offer at $205k. We have since countered their counter at $200,500.

The lessons:

  1. Aurora is pretty good to their word regarding timelines for their response.
  2. Keep the buyer on-board, even when things look grim.
  3. Never give up, even if the lender’s first reaction is that your offer is $100k too low.

FRONTENAC: How to Pay the Excess Demands of the Junior Lien Holder

Quite often, on properties with multiple loans, the lien holders disagree on how much should be allowed for the junior lien holder. Typically, if the junior lien holder wants more than the first will allow, either the buyer, the seller, or the agents have to make up the difference at closing. A couple of years ago, this was a bit unusual, and figuring out how to put this on the HUD could be a bit challenging.

Things have come a long way. Today, Chase sent us an email, telling us that they were only allowing the junior lien holder $2,000. They knew that GMAC was expecting $5,000. Chase told us to have the buyer pay the difference and put it on line 216 from the buyers and line 403, credit to sellers.   

In another transaction this week, Wells Fargo was in a junior position, and they issued a lien release letter that addressed this situation exactly. Here is their wording:

Wells Fargo will approve a short sale, in consideration of $3,000 from the proceeds of your sale. Please be advised that the Bank will not accept $3,000 in full consideration for the release of its lien on the property…the Bank must receive an additional amount of $14,500…the amount of the Additional Funds must be disclosed on the HUD-1.

So, they have created two kitties: The Sale Proceeds and the Additional Funds. In the end, the banks have found a way around the senior lien holder demands, and still have found a way to maximize their revenue.

The main strategy to address this situation is to submit the buyer offer at an amount lower than the contract sales price. If you can get the first lender to agree to that amount, then you have freed up some buyer resources to use to pay the excess demands of the junior lien holder.

GRANITE FALLS: The HAFA Request for Pre-Approval Works!

On 1/11 we submitted a HAFA RFP, along with a full borrower financials to Litton Loans. On 1/14, we received an email from Chiquita at Litton, asking us for a PSA with a HUD. We thought that the HAFA RFP did not work. Instead, in actuality, Chiquita ordered a BPO, which was completed on 1/18 and we are moving forward to getting a pre-approval from Litton. I think they liked our HAFA RFP form.

In a similar case, Wells Fargo received our HAFA RFP form, and quickly responded to us. They too, told us they needed an offer, but, like Litton, went forward and ordered an appraisal.

Well, that wraps up some of the crazier files from this week. Talk to you soon. Ross

Why You Should Walk Away From Your Mortgage

Ross Kilburn - Friday, January 08, 2010
If you purchased your home in the last five years, or re-financed during that period, there is a good chance that you owe more on your mortgage than you could sell your house for.

You are, as they say, underwater. Upside-down.

If you want to sell your house, you won't have enough money from the buyer's proceeds to pay all the closing costs and your mortgage balance. You will either have to bring in money to closing, or ask your lender to take less than owed. That is called a short sale.

The challenge facing millions of homeowners right now is that their mortgage payments are too high, relative to their income.

The daily expenses of life continue to rise, while incomes have stagnated or declined.

At some point, the homeowner has to wonder, would it be better to walk away from this house and find a lower housing payment? Some people are forced to do this involuntarily, when they simply don't have enough money to pay all of their bills due to job loss, illness or other economic hardships.

Millions of homeowners though, are facing a voluntary decision. Should they default on their mortgage? Would it be best for them financially? And, what are the consequences?



The term being used for voluntarily not paying your mortgage is "Strategic Default"

What is amazing is that the lenders and financial titans who control our banking system attempt to use moral arguments to influence homeowners to keep paying when it doesn't make rational sense. The CEO of the Mortgage Bankers Association, in an interview with the Wall St Journal, declared that homeowners who voluntarily default should be concerned about the "message" it sends to "their family and their kids and their friends."

In fact, businesses make these kind of go, no-go decisions all the time.

The common term is "cutting your losses." You sell losing businesses, you file bankruptcy, you stop making payments. It is simply a fact of business. Morgan Stanley recently stopped making payments on five San Francisco office buildings that it had purchased during the height of the bubble. The other half of the phrase is "ride your winners." I have seen too many people over the last few years draw down their hard earned retirement nest eggs, in a tragic effort to stay current on their mortgage, when all signs had pointed to the inevitable loss of the home.

If you have been able to put away money diligently over the years, it is important to seriously question whether continuing to send it to your lender makes the most sense.

Some homeowners feel strongly that they should live up to the terms of the contract that they signed. However, the contract contains explicit language on the penalties for nonpayment. That is part of the deal. It wasn't that you wouldn't default, it was that you agreed to the penalties. With that in mind, it is simply a rational decision as to what would be the better course, continuing making the payments, or accepting the penalties.

The two main penalties for default are a hit to your credit score, and a possible deficiency judgment from your lender.

In Washington State, if you have only one loan, most likely you won't have a deficiency judgment. Most foreclosures in Washington go the route of the Trustee Sale, whereby the foreclosing lien holder waives their right to pursue a deficiency judgment. Junior liens can be a little more tricky, but the bottom line is that while junior lenders do not lose their right to pursue a deficiency, there are many lenders who waive their right during the course of a short sale negotiation.

If you are looking to do a strategic default on your mortgage, a short sale will do the most to preserve your credit, rather than a Deed-in-Lieu of Foreclosure, or letting the house go to a trustee sale.

Currently, based on Fannie Mae underwriting guidelines, you will be able to qualify to purchase another home within two years if you successfully complete a pre-foreclosure short sale, vs. five to seven years if you totally walk away and let the house be auctioned off.

Taking into consideration the two main penalties of default, deficiency judgments and credit score impact, you definitely come out ahead by doing a short sale than simply walking away. And, if you still believe there is a moral argument to continuing to do your best by your lender, trying to sell your house and getting them to agree to take less than they are owed is definitely the most pro-active, positive remedy to a difficult situation.

Please go to http://www.SeattleShortSales.com for personal assistance for your situation.

New DOL Short Sale Rules

Ross Kilburn - Thursday, January 07, 2010
If you haven't heard, the Washington State Department of Licensing is implementing a whole raft of new rules, effective July 1, 2010. The one that effects our little niche is that short sale negotiators will need to be licensed real estate agents.

http://www.dol.wa.gov/business/realestate/newlawoverview.html

I think that is good news.

There are still a lot of option-contract short sale flippers in the business who would benefit from a little more regulation and scrutiny.

In our office, all staff members already are agents, or in the process of getting their license.

And, in other news...

UPCOMING WEBINAR:
On Thursday, January 14 we will have our next short sale training webinar. We closed 7 short sales in December and want to share with you exactly what is working right now to get deals closed. We will also be covering the new HAFA program, how to get pre-approvals from lenders, how to do a bpo, how to respond to excess junior lien holder demands, and negotiating deficiency judgments, among a billion other little topics.

The goal of the webinar is to empower you to become the trusted short sale advisor for your clients and showing you how to draw on our resources and firepower to successfully negotiate all of your short sales. Pre-registration required.

http://www.SeattleShortSales.com/webinars/

DOCPAC CHANGES:
Please download the new paperwork as the previous WFA DocPac is no longer valid. Either go to http://www.SeattleShortSales.com/agents/agentlogin and download a copy or click this link and it should automatically download: http://www.SeattleShortSales.com/pdf/S3_DocPac.pdf

SAMPLE MARKETING LIST:
We build an exclusive "Notice of Default" list on a daily basis that is available for you to use in your marketing. It is a custom list that isn't available anywhere else. The names appear on the list about 30 days prior to them becoming publicly available on the "Notice of Trustee Sale" list. Click here to download a sample.

http://SeattleShortSales.com/King_County.xls
http://SeattleShortSales.com/Snohomish_County.xls

I look forward to working with you in 2010. It's going to be a great year where we are going to help tremendous amounts of people settle their accounts and get a positive, fresh-start.

To your success,

Ross Kilburn
Seattle Short Sales, Inc.
425-444-3833 (direct)
800-603-3525 (office)
888-860-1314 (fax)