Now that negative equity sales are accounting for more than half of the transactions in many markets if you’re not involved in any short sales you might be getting left in the dust.  Real Estate Agents, Mortgage Brokers, Short Sale Negotiators and Title Agents are all wrestling with the same beast - no matter how hard you work and how high your level of expertise, many short sale transactions will fall apart.

Lately, second mortgage holders have had no qualms about squashing deals over a few thousand dollars.  Just when FNMA and Freddie Mac have announced they will protect Real Estate Agent commissions in short sale negotiations, second lien holders are insisting on higher pay-offs and suggesting it comes from commissions.

Here’s a quote from a recent conversation with a negotiator in Citi’s loss mitigation department: “Citi’s position is that real estate agents should not profit from short sales and should share in the losses”.  Some lenders, including Bank of America and Citi, have suspended progress on many negotiations midstream until new authorization forms are signed on their letterhead.  Countrywide has insisted on second lien pay-offs before making determinations, then closed files if it takes more than a few days to get attain them.  Of course by now we are all getting accustomed to documents being lost or misplaced as part of standard operating procedure in loss mitigation departments.

As frustrating as all this sounds, nothing is more disappointing than working hard (very hard), for months and finally getting an offer accepted by the bank only to find the buyer, for whatever reason, is no longer interested in proceeding.

The reasons are many, but most could be avoided if the lenders could condense the timeline on the negotiating process.  In many instances the buyer’s due diligence clock doesn’t start until the offer is accepted by the lender and the buyer can choose to walk with limited consequences.  Now, everyone involved has run the gauntlet and the accepted offer is without a buyer!  Real Estate Agents, Mortgage Brokers, Title Agents and Short Sale Negotiators are “all dressed up and nowhere to go”.  The work has all been done and no one is getting paid! The distressed sellers and disappointed Agents need to find new buyers before the lenders acceptance of the offer expires, normally in 30-45 days.

Once again, time remains the # 1 obstacle to a smooth and successful short sale transaction. On the selling side it takes the form of the time spent negotiating with the lender and keeping the buyers engaged, all the while trying to keep the property from getting to the courthouse steps.  From the buyer’s side of the market, there is a teeming interest in purchasing these deeply discounted properties but without waiting for 4-6 months to see if an offer will be accepted while other opportunities come and go.

Many real estate professionals are finding salvation in a brand new, free cooperative service at RealEstateRoadkillUSA.com.  The website takes these “accepted offers in need of buyers” and presents them, not only as the best deals in the market, but ready to close immediately.  Remember, once an offer is finally accepted the lender doesn’t care who the buyer is as long as the bottom line remains the same.

Although the service has only recently become available, real estate agents and buyers are flocking to the website like bees to honey (or vultures to carrion).  These are the absolute hottest deals available and all the work has already been done to prepare them for closing.  Wouldn’t you have to be crazy to buy any property without looking here first?  Likewise, if the buyer is lost on an accepted offer it makes perfect sense to post it on RealEstateRoadkillUSA.com immediately.  Currently the website is servicing limited areas but opportunities exist for enterprising real estate professionals poised to serve as “gatekeepers” in their market.  Details are available in the “Join Our Network” section.

Like it or not, short sale transactions are going to represent a growing market for years to come.  Lenders are being encouraged to exhaust all options before foreclosing and hopefully they will streamline and homogenize the process in the months to come.  In the meantime we can only try to work smart and diligently to avoid “All Work and No Pay”.

Newest figures show that buyer’s are coming back into the real estate market drawn by huge price reductions.  2 years ago there was a critical shortage of affordable housing and now it’s turned into a stellar buyer’s market.  It’s also estimated that as much as 40% of the homes sold are short sales, meaning the house is being sold for less than the amount of the seller’s mortgage balance.

When successful, a short sale transaction is a big WIN-WIN-WIN situation.  Sellers are getting out from under their unmanageable mortgage obligation, banks are unloading inventory and buyers are getting the deals of a lifetime.  Realtors® also benefit since most lenders will not consider short sale offers on For Sale By Owner properties.  Realtors® experienced in “negative equity” transactions are in high demand.

The key to being able to take advantage of the current market crises is patience.  When an offer is made on a property for less than what is owed on the mortgage the lender decides whether they are better off accepting the “short” offer or foreclosing on the property.  Foreclosures are typically a losing proposition for both sides and the offers from qualified buyers are welcome.  Unfortunately, lenders are unprepared to handle the volume of preforeclosure situations and the wait for a decision on a short sale offer is currently running from 1 to 4 months.

While an incredible opportunity for buyers, this type of transaction can be very frustrating for Realtors® and short sale negotiators.  Mark Greene, owner/founder of Short Sale Operations, LLC in Jupiter FL, explains, “since the buyer’s “due diligence clock” doesn’t start ticking until the bank accepts an offer many deals don’t come to fruition even after months of fierce negotiating.  The prospective buyer may have changed their plans during the long wait.

At this point the deep-discount price has been accepted by the lender and the contract must close in 30-45 days.  The good news is that the lender doesn’t really care who the buyer is once the transaction reaches this stage.  It is these deals (approved short sale offers with no immediate buyers present) that offer the precious low hanging fruit for opportunistic buyers.  A new website, www.RealEstateRoadKillUSA.com is receiving national attention for bringing this inventory of approved offers to the public. 

Realtors and buyers are flocking to it like bees to honey (or vultures to carrion).  These are the absolute hottest deals in town and all the work has already been done to prepare them for closing.  Simply, it makes sense to check this list as the absolute first step when shopping for residential real estate. 
         
Whether you find yourself on the distressed or the opportunistic side of this market be sure you are working with real estate and mortgage specialists who can present all your options.  Buying and selling in “short sales” situations requires specific knowledge of the procedure to be successful.  Consultations are always free at Elite Lending, 561-575-5626 and via the RealEstateRoadKill Regional Licensees that will be operating shortly. We are all proud to be serving our community in these trying times.