BEST ANSWER
Assiria,
My name is Robin Speronis and I am the Owner/Broker of Zen Real Estate of Southwest Florida, http://www.AskZenRealEstate.com and as John stated chances are that any short sale will not close. You can increase the odds in your favor greatly by having a great buyer's agent who knows the players and can find the information and knows how to analyze the information.
There were court rulings in Mass., Ohio, and Kansas recently that prevent MERS (the lender's agent) from foreclosing. MERS represents about 60 million mortgages nationwide. Right now in Florida, you can only contest the foreclosure - and thus gain leverage in a short sale negotiation - if you answer the summons within 20 days of being served. Before my buyer puts an offer on a short sale, one thing that I do is pull the court docket and look at whether the seller has answered the summons and whether the seller has an attorney representing them. A good lawyer can tie up a foreclosure almost forever and pretty much forced the lender to accept the short at or below market value.
My buyers now enter into a short sale contract only if their offer is an exclusive offer and they put a $10,000 deposit down with the offer. Lenders are now looking at the buyers very closely to make sure that they are still going to be around in 4 to 6 months when the property is ready to close.
Short sales are very complex and take a long time. You really do need a great buyer's agent to represent you.
Good luck
Fri Oct 23 2009, 19:43