One thing I get asked on a weekly (sometimes daily) basis regarding short sales … Why is it taking so long to get an answer back from the bank (lien holder)? This is actually a loaded question in the sense that there are many reasons why you could be experiencing some frustrating delays. The expected wait time for an approval or denial can be anywhere from a couple months to over a year. Currently the success rate of short sales nationwide is about 20%.
Some of the obvious things you often hear or read about are how there could be multiple lien holders involved, a mortgage insurance issue, or maybe just the fact that the bank wants to be sure they are getting market value for the home. These are just a few of the very big challenges that have to be addressed in a short sale.
Let me expand on a couple ideas that you may not hear talked about all the time like these others I mentioned above ….
DELEGATION:
You often hear of a buyer, seller, and/or Realtor frustrated with Bank of America and their short sale process. Now, I’m not letting BOA off the hook because I do strongly agree their short sale process is terrible and needs some serious help … but they don’t deserve all the blame. You see … BOA is a “loan servicer.” They are not the actual “note holder” for these loans. There are three types of contracts that the servicer can have with the note holder, or “investor.” These are:
1) Fully Delegated Agreement
2) Limited Delegation Agreement
3) Non-Delegated Agreement
Just from the names you can understand what each mean in terms of the servicer’s ability to make decisions regarding the loan. The vast majority (I’ve been told over 95%) of the loans that Bank of America (for example) services, are “Non-Delegated” which means they have to present everything to the investor for review and get their approval, denial, etc.
So the combination of terrible short sale systems on the servicer’s side and the fact that they usually have to submit everything to the investor for approval … result in very long delays.
RUBIK’S CUBE:
You have to realize in a short sale situation there are usually between 4-6 parties involved in the process depending on if there are multiple lien holders on the property (Ex. Borrower has a 1st and 2nd mortgage). Each of these parties have different goals. For a successful short sale all of these goals need to line up. You see, the seller’s main concern is to be forgiven of the debt with the fewest legal and tax consequences as possible. The servicer wants to do good by their investor, while also trying to keep main street happy so they can do future business. The investor obviously wants to minimize their loss and will carefully decide if it makes sense for them to short sale the property after considering all factors. And the buyer, of course, just wants to buy the home and take advantage of these distressed prices. Just like a Rubik’s cube … more often than not, all these sides don’t end up getting lined up.
Remember, in a short sale transaction the quality of your offer is not usually the most important factor. To the lender, the seller’s financial situation is much more important to them than the validity of the buyer’s offer.
IF YOU HAVE ANY QUESTIONS ABOUT THE SHORT SALE PROCESS … OR MAYBE YOU WANT MORE DETAILS ON THINGS TO LOOK FOR TO AVOID THESE SHORT SALE PITFALLS … PLEASE CONTACT ME ANYTIME. You can always “Ask Me a Question” on the right side of this blog or feel free to call or email me anytime as well.
Thanks for stopping by again!