A short sale gone bad...very, very bad
Short sales can mean big savings to savvy consumers. They also can result in frustration and failure. Pull up a chair for a story about one very disappointing short sale non-transaction.
A builder was facing foreclosure on an expensive spec home that he had had on the market for three-plus years. There were two mortgages on the property held by the same bank and totaling about $1 million.
In June, we were able to cobble together an offer from a very qualified buyer for about $150,000 less than the amount owed on the property. The offer, Seller’s financials and everything else initially required by the lender was promptly forwarded to the lender.
For almost two months we heard absolutely nothing from the lender, despite repeated calls and emails. Finally, we were notified that the file had been assigned to a “negotiator.”
Just when progress was being made, we were informed the FDIC had taken over the file for the second mortgage and they had assigned the note to a collection agency. This is nearly three months into the process and the Buyer was growing impatient.
We begin the negotiations anew with the collection agency with the same sort of mind-numbing multiple requests for already provided documents. After a series of back-and-forths (the collection agency refused to speak directly to the first mortgage negotiator, so we had to serve as intermediary for all communication) the first and second mortgage holders were a few thousand dollars apart on a settlement.
We were at a standoff. And a ridiculous one at that. The second mortgage holder stood to receive absolutely nothing if the property went to a sheriff’s sale, yet its representatives would not reduce their demand. The first faced additional expenses of a sheriff’s sale and holding the property but would not up their offer to the second. Meanwhile, the Buyers had grown weary of the entire process and had found another home.
The Buyers gave notice that they would be withdrawing their offer unless a resolution between the mortgage company and collection agency could be reached in short order. Again, there was no movement by either party.
You guessed it…the Buyers walked.
Two more months have passed and the house now sits vacant, deteriorating from a lack of heat and electricity. And no sheriff’s sale has been scheduled.
I can’t imagine a worse outcome. Eventually, the first mortgage holder will take over the property. It will either have to hire someone to restore the home or sell it at a steep discount. Remember, this is a house that had been marketed for more than three years without attracting an offer, so a quick sale is highly unlikely.
Meanwhile, the second mortgage holder (a.k.a. you and me, Mr. and Mrs. Taxpayer) will lose about $200,000. Municipal taxes go uncollected. A neighborhood of expensive homes suffers because of the neglected property and its eventual sale at an extreme discount.
The FDIC’s representative however took it all in stride. When informed the deal was falling apart, his response: “Oh well, that’s one less file on my desk.”
Posted by:
Steve Bauman
