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Short Sales Simplified Presented By: The REO Institute of Colorado. James A. Browning MRE,CEC,FSP,CREO, SFR, REO Certified, Short Sale Certified. Masters in Real Estate Certified Commercial Education Broker/Owner Browning Group LLC Liquidated 115+M REO Properties/last 3 years
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Short Sales SimplifiedPresented By:The REO Institute of Colorado
James A. BrowningMRE,CEC,FSP,CREO, SFR, REO Certified, Short Sale Certified • Masters in Real Estate • Certified Commercial Education • Broker/Owner Browning Group LLC • Liquidated 115+M REO Properties/last 3 years • 25 years of Commercial Real Estate Experience • Commercial Director for CB NRT-17yrs • National Trainer/CREOBA • CEO/The REO Institute of Colorado
2014, 2015, or Longer Many banks, lenders, & outsourcers are looking for solutions to our current market problems.
Unknown Quantity REO, Pre-Foreclosure, Foreclosure, and/or Short Sale What is the solution?
Pre-Approved Pricing • Increase residential sales • Spur recovery • Complete submission package
The Short Sale Prospect • Distressed market has the potential of continuing into 2013-2015 • The Broker with education & training can succeed. • Have compassion. • Ask the right questions.
Property Profile • O & E • Understand the financing on the property. • Additional liens on the home. • NED, NOD, NOI filed? • Sale or Auction date? • Order a payoff- either from the mortgage company or the foreclosure attorney (10 days)
Is the Seller in financial distress? • Request the most recent mortgage statement. • What are the other financial stressors?
Seek Tax/Legal Advice • Recommend the Seller obtains Tax/Legal Advise • You are not the expert! • Provide the client with a letter stating these recommendations, and have the Seller receipt for a copy
Acquisition Indebtedness = • Is incurred by acquiring a property • Is secured by the residence • Is secured by the property resulting from a refinance, but not to exceed the original indebtedness
Example: • A borrower refinances an original note, and then takes a vacation, or purchases a vehicle • Answer: This indebtedness is taxable
Negative Credit Reporting • The Seller’s thought process may only be survival today • Armed with knowledge, the Seller can take steps to improve his/her credit
Credit Basics • FICO- 35% is made up of payment history • Negative public record information • Severity of delinquency • How recent is the delinquency, and the number of items on file • Number of accounts paid as mutually agreed upon
Late Payments • It is possible to negotiate a short sale without late payments, however it is more difficult • Both HAFA and FHA require that the seller be delinquent, and display a negative cash flow
Documents • State or Division required listing contract • Short Sale Addendum • Seller Authorization Letter
Is the lender open to a short sale? • What will the conditions be? • Fannie Mae or Freddie Mac are more motivated then private lenders • Discuss and negotiate what the seller wants from the lender
LOSS MITIGATION DEPARTMENTS, WHO? What department? Who? What? Wrong number… “Who’s on first base?”
Get past the call center! • Loss Mitigation Department • Default Managers • Persistence • Objective- Where do I need to send the short sale package?
GETTING ALONG WITH THE LOSS MITIGATION DEPARTMENT AND PREPARATION OF THE SUBMISSION PACKAGE
Submission Package • One time, with all required docs • Installments = rejection • What should be included?
Listing Agreement • Listing Agreement • Short Sale Addenda • MLS • Website Advertising, Flyer, and any other marketing or advertising
Accurately Market • Listing Broker – your responsibility to accurately represent your listing! • Continue your education and designations!
Timeframe for Lender’s Response • Could be the most frustrating aspect • One week… Six or seven months… • What is the requirement for the lender? • The property may have to be listed for a period prior to acceptance of short sale • Your expertise can make the transaction much smoother!
Problems and Pitfalls • Loss mitigation departments are overwhelmed with loan modifications, short sales, & foreclosures • Subject to final senior management approval • Private mortgage insurance • When your negotiator is no longer employed there…
Lender Takeovers and Merging • Reasons – Government influence, cost cutting, bank failure, contract issues, etc • Decisions are now delayed, who has the file now • Be prepared to re-submit all docs!
This is everyone’s main concern What’s the loss and deficiency?
Buyer Cooperation • Is the Buyer serious? • Is the Buyer going to be patient? • Is the Buyer going to complete inspections and appraisals?
Education • Laws, programs, & regulations are changing constantly • Be familiar with state regulations • Knowledge, disclosure, compliance
Thank you!The REO Institute of Colorado Congratulations on becoming Short Sale Certified