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Wednesday, June 10, 2009

Another Lender Story

Here I go again. In yet another transaction that our company is involved in the Lender is dragging his feet. Our company brought an offer on a bank owned property that is listed with another company. There were competing offers and our offer eventually won the sale. Unfortunately the lender that owns the property did not sign off on the offer, thereby converting it to a bona fide sale. So what happens next? Another agent with another buyer comes along and submits an offer. Once again we have to compete, once again we win. Once again the lender is not signing off. They are telling their agent, "Oh, it's okay, everything is fine". Their agent is telling us that he is telling all subsequent offerees that the property is in contract, which technically it is not. Meanwhile no one can sign off on this agreement. Meanwhile this bank owned property is still on the market. Meanwhile our buyer is still not in firm contract or any contract for that matter. Is this the sort of behavior that got them in trouble in the first place? YIKES!!!!!!!

Tuesday, June 9, 2009

Do the Lenders Really Want to Get the Short Sales & Foreclosures Off Their Books

Yes, there are glimmers on the horizon of an improving economy and housing market. Yes, I have written countless times regarding what a good time it is to buy. Yes, I have even reprinted other people's missives on the subject, so you know I believe it is a good time to buy. And finally yes, prices are still attractive, interest rates are still good and the inventory of homes to buy is still larger than normal.

So what's my beef?

Short sales and foreclosures, that's my beef. Specifically how uncooperative the lenders in these positions are. As I write, our company has a listing that is in short sale status (the lender is willing to take less than is owed on the property) with multiple offers on it. As the Broker in Charge, I had to step in and take over the negotiations because the listing agent also brought one of the offers. So my first course of action is to submit all three offers to the lender. Done. Knowing full well that these things take longer than normal I waited a few days to contact the lender. When I contacted them to check the status and see how they were going to proceed --

a. choose one offer and reject the others,
b. negotiate all the offers or
c. reject all the offers

I was told that I should have selected the best one and rejected the others. To which I explained that this wasn't possible, that I had to present all offers and although technically they aren't the seller (yet) the transaction is subject to third party approval. The person on the other end sighed heavily and told me that my offers although they had been submitted five days earlier were waiting for document review from the underwriter, not document review of offers but of the home owner's file. In other words they wouldn't even look at any of them until they amassed reams of paper from the seller.

Five days after that, I have checked back twice and the only thing I can tell you is that the seller's file is complete and the offers have gone to the underwriter. They can't / won't tell me which offer has been chosen, they don't know who the underwriter will choose. They can't / won't let me talk to the underwriter. They tell me that a decision should be made in about 30 days. I tell them that the home is due to be foreclosed on prior to that. They say call a week before to get them to avert the foreclosure.

Next, I ask them to please take pity on me and my buyers. I try to explain that without even knowing if their offers have been selected or not that they will grow nervous and weary and that we stand the chance of losing any or all of the buyers and clearly that isn't good for either of us. I told them that most buyers won't wait 30 days to know if they are even going to be negotiated with, that they will start looking around at other stuff. The response, "well, if one or all of them walk just notify us".

I ask them to take pity on my seller. I explain the state of anxiety a seller must be in when they are on the brink of something as serious as short sale and if that doesn't work, foreclosure. I tell them I will do whatever I can to help expeditite the process. I am essentially told, "sorry about your luck, we will be done, when we are done".

I am STUNNED....... Every day for months and months the whole country has been reading about the economic and housing crisis. We have read about how no one is doing anything, that consumer confidence is at a historic low, that lenders are awash in foreclosures and short sales, that families are losing their homes, people are losing their jobs etc. The news has been dismal at best and here in our situation, we have ready willing and able buyers and we can't even get a response.

This I know for sure, it is paramount that we get the inventory reduced. Prices have no hope of returning to normal until there are fewer homes. That is a simple law of supply and demand. We have no hope of a serious reduction in inventory with such a lack of cooperation from the lenders. This particular lender's representatives were down right disdainful in speaking with me. If I am frustrated, I can't imagine how the buyers must feel.

Is there an answer? Yes, get the lenders to cooperate with ready, willing and able buyers. How do we do that? I'm not sure, it will take someone much smarter than me to figure that one out.