Our buying a Short Sale situation seems as though its at a make or break stage!

Spence
Home Buyer
Orem South, Orem, UT

Back on February 21, 09' we made an offer on a short-sale (Third party 1st mortgage is Wachovia and 2nd is Wells Fargo) and on roughly April 1st our offer was accepted with a small counter amount on the offer price, which we accepted. Now we have been waiting for the approval letter for about 4 months. We were just notified that the 1st bank approved and it had gone to the 2nd. Now after the 2nd bank received the sellers profit loss statement the bank did not like the numbers so they asked the seller for more money, seller says NO, bank ask 1st bank to help, bank says sure, and even after the 1st bank's help the 2nd bank is still not happy with the loss numbers. So we are now waiting for this bank to decide what to do. We feel like it could be one of two decisions, one the bank accepts the loss and sell to us or two, they decide to not accept the loss and they place it in foreclosure. Is there anything we can do as the buyer? Are there any other options? I need good news!

Answers (1)
Lorie Gould
Agent
Atlanta, GA
FIRST ANSWER

The first and the second have to coordinate meaning the first mortgage usually dictates how much the second can be offered so you do not have the option to offer the second more money because the first will most likely not approve. These short sales should have been worked together not once the first is approved on to the second.

Wachovia and Wells Fargo are easier to deal with so I am a bit surprise it has taken this long. Now Wachovia and Wells Fargo is one in the same.

Most second mortgages are not foreclosing because the foreclosure would be subject to the first meaning they would need to take over the first mortgage... most homes at lease in my area are not worth the first mortgage so the second mortgages are charging off.

The bottom line is that the second mortgage will not get a dime if the property forecloses so perhaps your agent or the listing agents needs to finesse the situation a little. We sometimes need to convince the bank of the bigger picture. And sometimes everyone needs to give a little to make it happen including the buyer, the seller, and the agents.

If the sellers have money but are refusing to settle the debt with a little of their own funds the banks do not take kindly to that and the deal could go into foreclosure.

Fri Jul 31 2009, 09:36

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