SHORT SALES - Outer Banks, NC   www.obxconsulting.com

A short sale is when the seller's lender is accepting a discounted payoff to release an existing mortgage. Just because a property is listed with short sale terms doesn't mean the lender will accept the contract price made with the seller's.

Be aware that the seller need not be in default -- to have stopped making mortgage payments -- before a lender will consider a short sale. A lender may consider a short sale if the seller is current with mortgage payments but the value has fallen. The seller may have over-extended, owe more money than the home is really worth, so a discounted price might bring the price in line with market value, not below it.

 

Do your research before making an offer to purchase a short sale property. Your agent can find out who is in title, whether a foreclosure notice has been filed and how much is owed to the lender(s). This is important because it will help you to determine how much to offer on the property.
 

If there are two loans, you could have a problem. The first mortgage lender's position is protected by the second lender, unless the second lender does not want to foreclose. If a seller owes $160,000 on the first and $40,000 on the second, offering $160,000 leaves nothing for the second. The first will need to give something to the second to gain its cooperation.

NOTE: 

After you contract an Outer Banks short sale property with a Seller, the lender of the loan will review and accept/reject any and all offers.  If the lender accepts a contract between a buyer/seller and approve the short sale, the lenders will often times offer much less than the total real estate fees indicated in the Sellers's listing agreement.  This is an awkward position for a distressed Seller to be in. As a MLS listing, the Sellers are legally responsible for paying the agreed fees upon sale of the property....but can't or won't.  They're broke, and rarely have a dime to bring to the table.  The lender doesn't own the property, so they are not legally obligated to pay what the Sellers have legally agreed in their North Carolina listing agreement.  So there starts the game.  

Again, it's the Sellers legal responsibility to honor the listing agreement and provide clear title to the property. That is clearly indicated in the North Carolina Residential Listing Agreement, and the property contract the Sellers now have in place with the Buyers.  Now if the lender approves a short sale, and will only honor half of the real estate fees as stated in the listing agreement...am I influenced as a Buyer's agent?  Do I potentially take a position of becoming part of the contract?  You would think so.  Maybe I don't want my commission reduced, but now have to sue a distressed Seller who is in default of a mortgage and now their listing agreement?  Now if I demand my commission from the Seller or even the listing agent, and the deals blows up for my buyers...did I represent my buyers legally?  Of course I didn't.  Ultimately, the system allows the banks and sellers to steal from the real estate companies who are bringing the Buyers and Sellers together under legal listing agreements and contracts to make theses transaction possible.  

Unless a Realtor can successfully sue a Seller (who is in financial distress), the buyers and real estate companies representing buyers, are really left in the dark up until the day of closing to what the terms are in the contract and listing agreement.  Another example is a lien or other "clouds" on title placed on a property (sometimes after short sale approval).   If a lien comes to light towards closing day and the Seller/lender cannot or will not clear title, why would a Buyer want to pay to clear it up?  More importantly, why would a bank expect the buyer to accept anything other than the terms originally agreed between the Seller and the Buyer?  Good question.  Why would they?...because they can!  Because they KNOW that real estate companies more often than not will "buck up" and make closings work if the Buyers or Sellers will not.  Real estate companies, like buyers, want to know what they are getting involved with BEFORE a short sale is reviewed...and certainly before an approval is communicated.  As an agent, working towards a short sale closing can cost overly taxing time and money (it has on every short sale of mine that wasn't a Fannie Mae or Freddie Mac loan).  Realtors work on commissions set by the Seller's legally binding listing agreement.  It must be understood that real estate agents work on this fee structure in the listing agreement, and that the agent's time and resources are not well spent on closing real estate transactions that potentially have little or no return.  It should be embarrassing that there are still big lenders out there who are dumb enough to detract the real estate industry (Realtors who make these transaction possible) from selling the lender’s own property!  I guess they will see it how they want.  I call it ignorance and sheer stupidity!  Fannie Mae and Freddie Mac didn't just change their guidelines out of good will. They understood that they could benefit greatly from keeping listing agreements intact and limiting the resistance in getting their properties sold in the least amount of time, and for the highest market value. 

Short sales are quantified today on many factors surrounding the property including: who the bank is!  It is to everyone’s interest in adopting new legislation requiring lenders to accept, within reason, all the terms of a legally binding listing agreement (that includes clear title), or not accept the offer at all.  Fannie Mae and Freddie Mac already have agreed not to negotiate the terms of the listing agreement, and provide clear title.  It's a start, but the big lenders like Bank of America are still "exploiting" the system on short sales at their own expense.  

If you are interested in buying Outer Banks real estate, you will know what the Buyer's agent fee is upfront on a prospective property.  If a lender approves a short sale with anything less than the listed amount of realtor fees for the Buyer's Agent, the buyer shall compensate the Buyer's Agent the difference for his/her services as referenced in their Buyer Agency Agreement.   At this time there is no other way for an agent or a buyer to gauge the unknowns and justify the time and resources required to successfully close short sale real estate on the Outer Banks.  

Keep in mind there are plenty of foreclosures and other properties on the market for sale that are not short sales.  Most properties on the Outer Banks are not distressed.  The ones that are short sales have rules of their own and require a greater understanding of what to expect prior to making offers, or working with a real estate agents.   If you are not aware of these facts, make sure your agent does. 

 

VIEW ALL OUTER BANKS SHORT SALES HERE

 

VIEW ALL OUTER BANKS FORECOSURES HERE

 

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