As the closing date approached on one of my recent listings in Fairfax, VA, my clients who had moved due to a job-loss informed me that they had not made mortgage payments for the past few months. Now, when I am filling in my listing paperwork there is a section where I have to ask, “Are you current on your payments?”

The truthful answer last November was, “yes”.

But moving and renting a new place out of the area takes money, and it is easy to picture the financial strain on any family’s budget.

So, there we were approaching an early March settlement and the truth finally surfaced requiring me to recalculate the Seller’s net proceeds. Proceeds? Well, like many folks, this client was upside-down which means they owed more than the property was worth and they knew that they would have to bring cash to the table to sell the home.

But now it was “x” + 5 months of mortgage payments!

Home Sellers bring money to the table to close the sale

Are you thinking that they should have done a short sale? If you have read my posts on the subject you may know why I’m not a fan of pushing sellers into that mine-field of possible deficiency judgments. I do have to warn you of these things! Here is another opinion.

The new numbers were still do-able thanks to some help from their family, and we were headed to settlement as planned until… the buyer’s agent called to say there was a glitch in the sale of his client’s place. Yes, we understood it was contingent on that sale but things had looked firm until the 11th hour.

And, at that 11th hour we got the notice withdrawing from the contract. We were back at square-one now with a looming foreclosure situation.

But then, within a week, the same agent called back to say, “their financing has been approved and we are closing today, is your place still available because my client wants to buy it?”

Obviously the answer was yes! Are you still following this roller coaster?

The Homer Seller’s emotional roller coaster…

Since the old financing had expired and the buyer had to “re-lock” his rate, the new RESPA rules require a “cooling-off period” of seven days before a loan can be closed.

So there we were, on hold with everything teetering in the balance… and then the F-bomb dropped.

Phone rings: “This is Doug,” I said in my upbeat, breezy, yet professional way.

Client: “Hey, I just got a letter from my mortgage company’s law firm saying they are going to FORECLOSE if I don’t get my account up to date, paying $17k-something before April 1, 2010.”

Doug: “Wow, that’s right when you are gonna close. You are really going to need a Virginia real estate attorney to check this out, so why don’t you give John a call at …”

To make a long story short, the attorney advised him to pay the amount to catch up and then sell the place as planned at the end of March. My client took this advice and Fed-Ex’ed a certified check to the mortgage company’s law firm in Maryland.

“Received” they told him the next day and that they would notify his big city mortgage company he was “reinstated” and in good graces.

But, that law firm never sent the check to the big city mortgage company, and my client’s account continued to be flagged “FORECLOSURE”.

So, there we were on March 31st and all set to close, buyer was ready, seller was ready, but the existing mortgage company said “no” because the account was still flagged as a “FORECLOSURE”.

Folks, this is one example how everything can fall apart at the last minute. When you read about the government relaxing rules to make the process easier whether it be a short sale or a foreclosure, please keep in mind that these are unique, often complex situations where human error can cause the whole situation to go beyond the point of return.

If you are interested, I will write another post telling the story of how this situation ended. Anyone?

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A few month’s ago I put together a post on real estate short-sales and what to expect, but now feel that it takes a tremendous leap of faith from everyone involved to get one of these done. I believe that these clients submitted three short-sale offers before getting this home.

Here are my random musings…

What you did not see written into the comments section is this home is a short-sale that needs the lender’s approval. Someone in the sale is coming up short, and that, my friends, is where the current mortgage lender (the bank) gets involved. And I mean really involved because the seller is asking the bank for permission to sell at a loss.

Basically, the seller is on his knees, praying that the bank will agree to solve his problem.

A lot of people now owe more on their homes than the homes are currently worth, especially after the market made a giant 180º turn starting in 2006. The situation was aggravated in 2008 as many people began to lose their jobs. Combine that with some exotic mortgage programs based on increasing value models and you can see why the house of cards collapsed into a smoldering heap of despair and destruction. Too vivid?

A short-sale is a pre-foreclosure attempt to sell, and to preserve the seller’s credit (FICO) standing since foreclosures kill a reputation. And unlike stock sales that are short, you cannot itemize a loss on a home on your tax return.

Short-sale properties are often too good to be true because banks hate to take a loss of any kind. Offers on short-sales are low priority taking a month or four to get a response. Some banks never respond.

Personally, I have only had one of 7 short-sale contracts work out. In baseball that would be a batting average of .142. Most agents are still batting 0, and tell their clients not to waste their time. Actually, that may be excellent advice.

If you are considering buying a short-sale to be your next home, understand the uncertainty going in, make your offer as flexible as possible so you can back out if you find another home, and keep looking. Banks are trying to sell these homes before they have to foreclose (which costs banks 10k’s+), so there are bargains out there for those of you with the patience and understanding that this is anything but an easy transaction.

And the paperwork the bank is going to send will strip you of your rights as a human being… take it as-is, bub and you better know now if there are issues. Know now? We haven’t really been in the house…

There are a lot more variables when considering buying a foreclosure…