What Every Buyer Should Know About Short Sales

There are currently at least 29 short sales that are available for sale in the Edina and Southwest Minneapolis markets (found by searching in agent comments for “bank approval” and “short sale”). In the Camden area of Minneapolis, there are at least 70. If I look at Minneapolis proper, the number is over 315…St. Paul proper gives us over 300 as well. So, needless to say, there are a good amount of short sales out there. The question is, what does that mean to you, the buyer? How can you keep your dream home from vanishing before your eyes (like the one above)? Short sales open a whole new can of worms throughout the buying process…but first, a short (no pun intended) explanation of them.

In the current market, its no secret that inventory is high. If you look back in history, you can see spikes of inventory followed by lulls. What makes this time around a little different are the sheer number of foreclosures and “short sales” that make up the inventory. Most people are familiar with foreclosures, but when I mention short sales to people, the glazed look over their eyes has led me into deeper explanations almost every time. A short sale usually occurs when a seller owes more on their mortgage than their house can sell for in the current market. The bank or lender agrees to reduce the loan due from the seller. The homeowner sells the home for the current market price and the bank or lender receives the proceeds from the sale. They will then release the homeowner from their debt obligation. I’ll get much more detailed regarding the short sale process in my next post (What Every Seller Should Know About Short Sales).

First, the good news…

Short Sales can bring great opportunities for home buyers. In the transactions that have involved a short sale where we have represented the buyers this year, the buyers have typically purchased the home at a good discount in comparison to similar homes in the neighborhood (analyzed through a comprehensive comparable market analysis). The homes are usually in pretty good shape as well, as they are more often owner occupied than foreclosures by owners who are looking to just get out from under their mortgages, rather than being forced to vacate by their bank or lender. It call all look like a pretty rosy picture…until

Now, the bad news…

Short Sales can be a nightmare to navigate through on the buyer side. First, lets assume a house has been selected by the buyer. In the comments of the listing, it says something like “sale subject to bank approval”. That’s your first clue that a short sale is being attempted by the seller. Now, one of two scenarios has taken place:

1. The listing agent and the seller did their homework before they put the home on the market and contacted the bank or lender. They talked to the bank or lender about what they were going to do, how they were going to price the home, and the proper steps and paperwork needed by the bank to help the short sale move along smoothly

2. More often, the listing agent and the seller have talked about doing the short sale with each other…but not with the most important entity in the transaction, the bank or lender.

We write up an offer on the property (including the dreaded phrase “Purchase Agreement Subject To Bank Approval”). We spend a couple of days negotiating with the homeowner and come to an agreement on all terms. Usually, that makes it close to a done deal (only inspection, financing, escrow to worry about)… But in a short sale, that’s only the first step. After we have worked hard to get an offer the buyer and seller can agree on, it gets submitted to the bank. The bank will assign it to someone in their “Loss Mitigation Department”. Now, keep in mind that the Loss Mitigation Department is probably grossly understaffed due to the recent influx of short sales an foreclosures. Its now typical to wait and hear absolutely nothing for 30 to 60 days (so make your closing dates realistic…ie “within 30 days of final bank approval”). And now here is the really bad news…after waiting for maybe 6 weeks, the bank can come back and accept, reject, or counter your previously negotiated agreement. So you could have agreed to this offer on May 1st, not received a response until June 15th and then gotten a flat rejection from the bank or lender. Or you could get a counter offer (read ultimatum many times ) of maybe $20,000 more than the previous agreed upon offer. Not to say we haven’t had short sale transactions accepted by the bank or lender within 30 days of submission with the agreed upon terms, but that is not the norm.

Now, I don’t want to scare all of you off from pursuing homes that are attempting to do a short sale. Just make sure you are working with an agent that does their homework upfront to see if the listing agent and seller have already contacted the bank or lender. Make sure you arepersistent with getting info from the listing agent (thus prompting them to stay in contact with the Loss Mitigation Department of the lender). Also, ensure you are looking at other homes throughout this offer process. There’s a good chance your short sale offer will not be accepted, or will be countered. If this is the case, its good to have some backup homes in place so you don’t have to go through the entire homebuying process from the start again and waste valuable time.

That’s it for now. I’ll be posting shortly on What Every Seller Needs To Know About Short Sales. Until then, if you have any further questions about short sales or real estate in general, feel free to leave a comment or contact us.