Transcript Document
Short Sales
Steve Sanders
951-271-3130
[email protected]
Short Sale
•How to talk to lenders
•The Short Sale Packet
•Uses of and How to
complete an LPO
•How to break into the
REO game
Foreclosures/NOD/REO
REO inventory increasing
Abnormally low sales
combined with abnormally
high inventory
Foreclosure
At Sale Foreclosure (minimum
115 days-IRS notice 25 days in
advance of sale)
• Notice of Default filed by
Trustee
• 90 days to reinstate (bring
current), either by borrower
or subordinate lien
• At the end of 90 days a 21
day, Notice of Trustee Sale
• Right to reinstate up to 5
days prior to posted sale
date.
• Payment in full must be
accepted up to time of sale
Documentation for NOD
NODPA
BNA
DA
AD
Agency Requirements
Either Agent is bonded as an
Equity Purchaser’s
Representative or
Referral (No agency-BNA)
Seller can rescind for 5 days
Buyer may not solicit
transfer of ownership
documents
Negative Equity
Pair up
Discuss what would
cause erosion of equity
in properties where the
home is worth less than
the cost of liquidation
Report your discussion
back to the class
5 minutes
Short Sale
Loans plus cost of sale is greater
than value
Value
First
2nd
Escrow
Title
Commission
Equity
off)
$450,000
$345,000
$105,000
$
800
$ 1,250
$ 22,500
- $ 24,550 (write
What Does Short Sale
Client Need?
A quick sale or option
Money to move elsewhere
Save credit (as much as
possible)
Someone to guide them
through tough waters
What Lenders Want
Repayment of debt, on time,
as scheduled
A predictable return on
investment
MONEY
They DON’T want Real Estate
Owned (REO) that they have
to liquidate to get their
money
They will do whatever they
can to minimize loss while
liquidating quickly
Good Money After Bad
Lender is already taking a
loss
Lenders won’t pay to fix up
Really, like probate, as is,
where is!
Termite report okay, Section I
repairs not
Limited requirement for
disclosures
Short Sale
Will you work for free?
Short Sale - Owners
request, lender’s decision
Still will hurt credit, but
not a foreclosure
Talk to lender about
possibility of, forbearance,
modification LPO or
assumption
Short Sale
Ask for a short sale packet
Don’t argue that they are asking
for too much information
If you have no lender
agreement on commission, just
like a box of chocolates, you
don’t know what you’re gonna
get.
Get direct contact information
for loss mitigation, asset
management or REO.
ASK what their policies are.
Commission
New rules as of 3/09. Lenders
cannot cut commissions as
long as they are 6% or less.
Commission
The statement “subject to
lender approval” protects no
one and will dissuade many
from making an offer.
Get lender approval of the
terms and conditions of the
short sale and the amounts to
which they will agree.
According to the DRE if it isn’t
in writing it doesn’t exist. Most
lenders will agree verbally but
will not provide written
confirmation.
PAA
Process
Attempt to get a timeline from
the lender for approval of an
offer.
Put the timeline in private
remarks along with “subject to
lender approval”.
If the lender has agreed to all
the necessary terms and
conditions, in the private
remarks state that the short
sale terms have been lender
confirmed.
Short Sale Packet
Hardship letter (SOB STORY) and
documentation
Borrower’s tax returns
Borrower’s Bank statements
Borrower’s Current Financial Statement
Property tax information from assessor
Property profile
Bio or resume of realtor
Marketing Plan and timeline
Accurate CMA including DOM
Cost of Sale Estimate
Commission (including disclosure of
how much is paid to Selling Agent)
Staging and repair costs to bring it to
market standard (lender won’t care)
Estimates of costs for termite inspection
(not repair), disclosure packet, escrow,
title
Liens, Senior or Junior
If it isn’t a matter of public
record, it doesn’t exist
A senior lien is any lien or trust
deed that appears on title before
other liens (date)
A Junior lien is any lien or trust
deed that falls behind a senior
lien (date)
Except: regardless of their
position, property tax liens never
go away
Foreclosure of a senior lien wipes
out all subordinate liens (except
taxes)
Subordinate lenders may reinstate
the first to protect their position,
then foreclose their subordinate
interest
The Angry Second
Pair up
What liens might appear
on a preliminary title
report?
What reasons would a
2nd have for walking
away from the deal?
Report back to the class
5 minutes
Liens, Senior or Junior
Watch out for subordinate
loans! Lenders losing 100% of
their loan, will likely take
everyone down with them.
1st
$475,000
2nd
$ 80,000
Sale Price
Taxes
1st
Commission
Left for 2nd
$505,000
$ 5,000
$475,000
$ 25,000
$
0
Short Sale
Don’t cheat on the comps. You will
get caught!
Create a prelisting packet, just as
though you were doing a listing
presentation. You have to sell the
lender that you know what you are
doing.
Offer an appraisal if the lender gets
tough.
Lender may run an appraisal or get a
BPO anyway
If Lender estimates that they will
only be able to recover 80%-90% of
value or less, a short sale is likely.
Though some companies loan to
own, most lenders just want their
MONEY!
Short Sale
Maintain contact with the lender
and report progress. The lender
has reports to turn in.
After an offer or offers have been
submitted, call and keep calling.
Every other day if necessary and
wait on hold.
A good transaction may result in
referrals and possible REO
business
Also possible source of BPO
(Broker Professional Opinion)
income
If you get the deal work it hard
Unsecured Note
Lender may want an unsecured
note for the amount of
deficiency.
Sellers who agree to the note
will escape with their credit
somewhat in tact. Negotiate
this.
Notes, if paid, are not a charge
off and remove immediate
potential for taxation.
If the unsecured note is not
paid, a charge off will be
recorded and credit will be
affected for 7 years.
Help your seller, get a release
of liability from the lender.
Deed in Lieu of
Foreclosure
Helps the lender
Sets workable time frames
Less (slightly) hit on credit
Taxable event?
Discuss the deed in lieu only
after getting listing
Tax Consequences - CAR
Capital gain or loss is the
difference between the taxpayer’s
basis in a capital asset (usually
cost, plus improvements, minus
depreciation) and the price the
property sells for at the
foreclosure sale or short sale.
Foreclosure wipes out purchase
money recourse. Short Sale does
not
Purchase Price
Improvements
Basis
Short Sale
Cap Gains
$500,000
$ 20,000
$520,000
$480,000
$0 (-$40,000)
Tax Consequences - CAR
If the basis is greater than the
foreclosure or short sale price,
the difference is capital loss.
If the basis is less than the
foreclosure sales price, the
difference is capital gain and
is generally taxable.
Capital loss on personal use
property, such as the
taxpayer’s residence, cannot
offset other types of income
and gives the taxpayer no tax
benefit.
Excercise
Pair up – one partner is the
lender the other is the agent
with a short sale client with a
good sob story
Sale price
$500,000
1st
$400,000
2nd
$110,000
Commission
$ 30,000
Prepay
$ 15,000
Shortage
$ 55,000
Agent, sell the lender on
working with you to complete
a short sale
Report back to the class
Short Sale
The
End
Steve Sanders
951-271-3130
[email protected]