Tag Archives: Lehigh ACres short sales

Short Sale Tips Revisited

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It’s been 8 weeks since we last reported on short sales, and we’re happy to report short sale activity is up as we’d hoped it would be.  Short sales make much more sense to all involved over a foreclosure as it helps preserve the sellers credit better, minimizes losses to the lender, and keeps the neighborhood in better condition. 

I recently heard a funny quote “Why do they call it a short sale if it takes so long?”  While I can’t remember who said it, it’s funny because it’s so sad.  Hopefully with new initiatives in place we’ll see quicker turn-around times for short sales.  As a CDPE (Certified Distressed Property Expert) we thought we’d share a few tips to help agents navigate this short sale process and make your deals quicker and smoother. 

SW Florida Real Estate Foreclosures Vs. Short Sales Graph
Foreclosures Vs. Short Sales in SW Florida Real Estate

There is a clause in the Short Sale Addendum to Purchase and Sale Contract entitled #5; Multiple Offers which reads “Unless otherwise agreed by Buyer and Seller in writing, Seller may continue to market the Property for sale and accept other offers and submit those accepted offers to the lender.”  We are not attorneys and we are not giving legal advice.  This clause seems suspect though and we encourage listing and selling agents to amend or supersede this clause. 

A purchase and sale contract is between one buyer and one seller, and once accepted you can request the lender to take less than what is owed via a short sale.  In a normal transaction a seller wouldn’t enter into multiple contracts with multiple buyers, so why would you muddy the waters and try that on a short sale?  Selling the property to multiple people just seems unethical and one buyer may have legal remedies against a seller for employing such a tactic.  

Quite often we see sellers accepting any offer that comes down the road, but the lender certainly would not agree to the short sale because it is so far below market value. The lender wants to minimize their loss, and only agree to short sales if it makes sense.  Sellers would be far better off negotiating or waiting for a reasonable offer than to accept any old offer.  

When you submit multiple contracts to a lender they mistakenly think it must be a hot property and hold out for more, and many times each new offer starts the process all over again, further delaying approvals.  And keep in mind when you submit more than one contract, the seller may be legally liable to more than one buyer. 

You don’t submit offers to the lender, only accepted contracts.  A seller should really only enter into one accepted contract.  A lender cannot do anything without an accepted contract between buyer and seller as the lender is not a party to the transaction and can’t sell to anybody.  This could change if they foreclose, but until then they are just the lender. 

If you’re a buyer the last thing you want is the seller sending in other accepted contracts.  It would be far better to move on and go buy another home and not waste any time waiting or investing in inspections, etc.  As a seller, it should also be the last thing you want as well as it can hold-up or kill your sale.  From a practical standpoint we don’t even know why this clause is in the addendum, or why agents or sellers would employ this tactic. 

The other advice we would give is to have the sellers completely fill out a financial questionnaire upfront before taking the listing.  There is no sense wasting buyers and sellers time if the seller isn’t going to qualify for hardship with their lender.  You’ll need all this information with the accepted contract anyway, so it’s best to do it upfront and save everybody time.  Not only will this speed up your short sale, but it will also help you skip doing deals that should never be attempted in the first place.  Buyers are skittish enough on short sales anyway, so why attempt one if it has no shot at success?  We’ll bring you more tips on short sales in upcoming articles.  By educating the market on what works and what doesn’t, everybody wins.  Good luck buying and selling.  We’re all in this market together, for better or worse, and it pays to work together for success.

Distressed Sales Falling in Lee County

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We’ve been talking quite a bit the past several weeks about HAFA (Home Affordable Foreclosure Alternatives) program and other programs designed to make selling a short sale easier.  Going forward, these programs should provide some much needed relief for many sellers, and open up the market for more buyers.

We’ve noticed a trend this past year developing in the Lee County SW Florida real estate market.  As we’ve reported, sales numbers hit record levels in 2009, and prices look like they may have stabilized.  We’ve noticed that total distressed sales are down significantly since last May.  Our definition of a distressed sale in either a bank foreclosure where the banks sells the property on the open market after they’ve foreclosed, or a short sale by a seller hoping to avoid foreclosure and protect their credit.

Short Sales and Foreclosure Sales in SW Florida
Distressed Sales in SW Florida

Fort Myers is showing the most strength with only 47.83% of sales being distressed in March 2010.  Compare that to Cape Coral at 62.0% and Lehigh Acres at 74.19% Lehigh Acres is down from the whopping 88.5% set last June, even though they have leveled off about 75% the past 4 months.

Cape Coral has also declined, down from 78% last May to 62% now.  This chart explains why prices have stabilized in Fort Myers and Cape Coral, and why Lehigh Acres is a little shakier at the moment.

Inventory levels are down in all three segments, and sales are up significantly over February in Fort Myers and Cape Coral, and up moderately in Lehigh Acres.  Officially sales numbers have not been released at the time this article was written, and we believe going forward we’ll see some median price increases in Lee County, and especially in Fort Myers and Cape Coral.

We’re studying preliminary numbers, and we’re seeing an approximate 28% jump in sales over February numbers for single family homes.  There was an increase in distressed sales, but the majority of the increase was regular non-distressed sales, and this is encouraging going forward in 2010.

We’ll be keeping our eye on the market after the home buyer tax credits expire on sales after April 30, and on interest rates which are creeping higher.  Nationally consumer confidence is rising, and eventually that should trickle into job growth.  SW Florida has been hit hard with high unemployment, and we really want to study these numbers as ultimately employment will be the engine that fuels SW Florida real estate prices in the future.

Always consult a CDPE (Certified Distressed Property Expert).

Short Sale Update

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A few weeks ago we wrote about attending a recent bank foreclosure and short sale conference.  We told you that banks and the US Treasury department have learned that home retention and loan modifications are not working, and that 2010 will be a year of “The Transaction” either by short sale or foreclosure.  More banks are actually pursuing both simultaneously. 

We’ve been illustrating graphs showing the percent of distressed sale activity in Fort Myers, Cape Coral, and Lehigh Acres for months now, and this week we decided to update Short Sale activity.  While analyzing MLS data this week we noticed foreclosure sales have dropped in January and February to about 579 per month, down from approximately 700 or so the previous 5 months.  This can be attributed to a backlog of foreclosures in process and a moratorium in place early in 2009. 

Closed Short Sales in SW Florida

We also noticed a stabilization and recent up tick in short sales, reversing a decline in December 2009.  Will these trends continue?  Let’s start with the foreclosures.  We believe foreclosure sales will increase in 2010 as the backlog comes to the market. In fact, we’ve received a large volume of foreclosure listings we’re working to bring to market.  It typically takes time to secure the property, assess the condition, the value, workup a Broker Price Opinion, compare that against the bank’s new appraisal, and meet with the investor to develop a marketing strategy on each property.  All of this is done through the use of a bank asset manager, either an employee of the bank or 3rd part asset manager.  Either way, asset managers specialize in disposing of REO (Real Estate Owned) bank foreclosures. 

Once the value and strategy is determined, the property goes from a pre-listing to an actual listing complete with instructions.  The agent then lists the property in MLS and solicits offers.  Many times the property elicits multiple offers, and the agent presents all offers that match the bank’s criteria.  For instance, we are not allowed to present any offers where we have not personally verified cash funds to close on all cash deals, nor are we allowed to present any subject to financing offers without pre-qualification from that bank’s in-house loan officers.  Banks do not want to take properties off the market simply because a buyer presents a pre-qualification letter from an unknown or out of town bank or mortgage broker.  Speaking from experience, banks and agents have had bad experience with pre-qualification letters.  They are easy to get, and are rarely worth the paper they’re written on, so it is quite natural the bank wants their own people to look at the qualifications of the buyer if they are getting a mortgage.  The borrower doesn’t have to use that bank, but the bank will not look at the offer unless they are offered their pre-qualification letter with the offer. 

So we know 2010 will offer more foreclosure properties that have been initiated in 2009.  What about short sales?  Banks are not offering loan modifications as much as they have proven that they do not work long term.  Politicians still promote the idea as it sounds politically correct, but it further exacerbates the problem.  We are seeing large banks making a push to go online.  Bank of America for example now negotiates their short sales online through a system called Equator.  We have been using Equator to handle Bank of America foreclosures for years.  We hear that banks such as Wells Fargo and perhaps others are in the process of adding their short sales to Equator.

This online venue will allow greater efficiency and allow more people to touch the file, reducing the time it takes to approve a short sale.  The short sale is still a complex transaction and homeowners should not attempt it alone.  In fact, your bank will refer you to use an agent who is familiar with the process.  Short sales are not for every agent and should only be tackled by agents who are committed to learning and operating in a very rigid and complex process.  Buyer agents regularly interview listing agents to make sure the listing agent knows what they’re doing, because if they don’t, the process will fail. 

Look for 2010 to see rising foreclosure sales throughout the year, and perhaps rising short sale numbers as well.  The banks are committing resources to it. We’ll keep reporting the numbers we track, so check back often.

Printed in the News Press, News Press Online, and Ellis Team Blog.

Banks Cooperating on SW Florida Short Sales

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We’ve been reporting for weeks now that distressed property sales are moving.  One component of a distressed sale is the Short Sale.  A short sale is when a bank agrees to take less than what is owed on the mortgage so the property owner can afford to sell the home at today’s lower market values.  Banks in the past have taken much time to decide and some have been stingy on accepting these deals, for good reason. We’ll come back to the reasons later on. 

Many agents have been reluctant to show short sales to their buyers because banks have been declining a lot of these sales.  We have a bit of good news to report, and that is short sales are rising.  We’re not saying they happen overnight, or that they’re easy.  We’re just reporting the fact that they’re happening more frequently now as banks develop systems to more adequately deal with these sales, and they realize they may lose less in a short sale than a foreclosure sale. 

 

SW Florida Closed Short Sales 2009
SW Florida Closed Short Sales 2009

As you can see from the monthly chart, Cape Coral leads the county in short sales.  All three areas, Cape Coral, Fort Myers, and Lehigh Acres are experiencing an increase in short sales from the banks.  Cape Coral had 113 short sales in May compared to 151 in October.  Fort Myers had 29 in May compared to 73 in October.  Lehigh Acres had 30 in May compared to 49 in October, so you can see a definite increase in banks cooperating in short sales in just a few short months, no pun intended. 

Why is it that banks are cooperating more?  We’re not exactly sure, however we can speculate that banks have learned they lose less in a short sale than a foreclosure.  Real estate agents have also learned what banks are looking for through education and are presenting better packages to the banks, which are key.  Perhaps that Tarp money has freed banks up a bit to sell distressed properties.  Most likely is that banks have been hiring and training people to deal with the barrage of requests and heavy paperwork load and they’re getting better at dealing with this issue. 

Let’s look at some of the reasons banks take so long so we can understand the delays.  Banks obviously don’t want to lose money.  Banks generally qualify the seller and make sure there is hardship.  Being upside down on a mortgage is Not considered hardship.  There must be documentation proving the seller’s hardship, and this is why our sellers fill out a complete financial survey that is included in our short sale package to the bank. 

The bank also wants to verify that the seller is selling at today’s fair market value, not some super spectacular deal for an investor or relative so they can make money on the bank’s losses.  Keep in mind, the bank is taking less, so it is the bank’s loss. 

The bank wants to make sure it’s an arm’s length transaction.  They don’t want a family member buying it at a discount or an LLC being used as a vehicle to transfer property to a family member at a reduced price so the mortgagee can escape being upside down.

There may be more than one ban involved, and each one has limits on how much loss they will take on the short sale.  They will weigh the current loss vs. and anticipated loss they may receive at foreclosure.  They may wish to order appraisals before making a decision.  We submit a BPO (Broker’s Price Opinion) to substantiate today’s market value with all accepted contracts. 

We don’t let our sellers sign more than one offer and submit to the bank due to legal ramifications.  And we don’t have our sellers accept an unreasonable offer that the bank will reject, so we do all the homework upfront.  Why waste everybody’s time?  Because all listings agents don’t do this, buyer agents are skeptical to show short sales and waste their client’s time and money. 

Even if the listing agent does everything perfectly, there is no guarantee what the banks will do, and yet there are far too many listings being taken at incorrect prices and inappropriate situations, and that is bogging down the system.  This is not the time to just throw something out there and Try because seller is desperate.  Decisions made are impacting the buyer and seller’s lives, and a lot of time and energy is expended by all involved.  It pays to do things the way the banks require them for maximum results. 

If you understand what the bank is looking for, and work with someone who has experience actually selling short sales, buyer agents will be more likely to show these types of properties.  Agents are getting better, banks are getting better, and hopefully we’ll see more short sales go through so neighborhoods don’t have to suffer through abandoned properties and all the negatives associated with foreclosures.