Archive for June, 2009

Why Working With An REO Listing Agent Is Different-Why Agents Calls Don’t Get Returned

Wednesday, June 24th, 2009

Maybe the most sensitive of all topics within the real estate community is why can’t REO listing agents return phone calls?  The answer is usually nothing to do with personality, or choice…it has to do with the type of calls received.  This post could be very long and I may come back and edit it a few times as I try to document the kinds of calls typically received.  We have gone overboard to provide written instructions, available via fax, email and posted on our website.  We also provide a webpage specifically written to answer agents questions (www.BuyWilmothREO.com).  Unfortunately, there is just a very large part of the Realtor population that has the time, and additionally is use to the old practices where two agents talked and worked out a deal for their buyer and seller.  Transparency, and the expectations of buyers and sellers in today’s information age, causes the old time practices to be considered poor, possibly unethical, and with corporate sellers not allowed. 

Here are some samples of the calls received by me and our office many times a day..and why these calls go unresponded.

Is this bank owned home still for sale?  

This question infers that somehow it is felt we do not update the MLS in a timely manner.  Either that, or the agent is to lazy to log into their MLS to check the status.  Since I have been a Realtor for almost 20 years, I am of the opinion the answer is the former, not the later.  We update our website and the mls immediately when an offer is accepted.  Up to that time the home is still for sale.

How much will the bank accept?  What price is it going to take to put a deal together?

First, we honestly have no idea.  We do not know the banks internal metrics for an acceptable sale.  Going beyond that, this question reeks of old time, buddy dealing, real estate sales.  If I did have this information, how ethical would it be for me to disclose it to a potential buyer’s representative?

Are there multiple offers?

This question is often followed with a statement that their buyer does not want to mess with multiple offers.  I often then say to myself, the buyer or the Realtor does not want to mess with multiple offers?  Do they also encourage their buyers not to go to auctions or use ebay?  We will not answer this question as the status may change any second, but more importantly, we are not representing our sellers if we say anything that discourages offers. 

 How can I make sure my offer is the highest and best? 

Lets see, we represent the seller and our job is to do what?  These questions hark back to the old time buddy systems, disguised by Realtors as “cooperation”, that led to a lot of people getting into transactions outside of their financial or the market realities.  It is time for all Realtors to act with the professionalism we promise to adhere to in our Code of Ethics.  Don’t ask this question unless you are confused what form to use.

 

Thats it for the calls that come to mind today.  I am on a little bit of a rant but there is a need for somebody to speak out about what REO listing agents are being asked to provide in the name of “cooperation”.   I am all for professional representation of our clients.  Just don’t ask us to compromise what level of representation we provide our bank clients by expecting us to return these calls or answer these questions.  

 

 

The New Wild West?

Monday, June 22nd, 2009

I found this blog posting from Clark Rosen interesting as it pertained to the way making offers on bank foreclosures is a ever changing process.  Many of our clients are using systems that do require the Buyers Agent to submit their offer direct to the seller or their representative.  We get involved when they tell us to.  I can empathize with the long time agents who really want things to go back to the “good old days”.  But, when you really think about what that means, isn’t that a big part of what got us into this mess in the first place?  A wink and a nod helped bring together many buyer and sellers.  Were the markets natually set, or did the good old days allow a lot of man-made values? 

I think the evidence is starting to tilt toward transparency and full disclosure.  Real estate transactions without these hallmarks are what systems for buying REO are trying to avoid.  For better or worse, we reap what we sow.  Nobody really wants to have false markets and over-lent mortgages again!

 

 

Home Short Sale Flips Will Be Much Tougher

Monday, June 15th, 2009

As they should be…

I really am a free enterprise guy, but like in so many crisis situations, the vultures start to circle and sometimes they actually kill their prey, versus just looking for the carcasses.  Today’s big idea is short sales will allow you to avoid the stain of a foreclosure on your credit, and in some cases these plans can be approved and actually provide benefits to all parties.  Much of the issues we originally saw that led to the early stages of the foreclosure crisis were rooted in an environment that allowed fraud to be an option.  Fraud ended up costing all of us, via bailouts, lots of money and seem to be forgotten and not mentioned as much today.  Fraud now seems to be finding a new friend in short sales.

The bottom line in a short sale is not to sell the home for less than it is worth, but less than the outstanding mortgage indebtedness.  Short sale flips essentially take us back to the flips of old where no improvements were made, and a buyer somehow ponyed up and paid over market value for the property.  Then the seller split the proceeds of this sale all around and the new buyer never made a payment.

With short sales, the same scheme can develop..except now the seller has to convince the bank to take a loss on their mortgage.  As we all know, the bank is likely using taxpayer funds now so the  loss is essentially out of all of our pockets.  Therefore, we should all be glad to see that short sale flips are being stopped in their tracks.  Here is the news from the Tampa Tribune.

TAMPA – June 12, 2009 – It may be a bit tougher now for investors to flip short sales for big profits.

Attorneys’ Title Insurance Fund notified its 6,000 member lawyers this week that it will not insure deals made with a popular – but controversial – method for closing flips of short sales. A short sale occurs when a mortgage holder agrees to allow a home to sell for less than the mortgage balance so that foreclosure can be avoided.

The Orlando-based fund is a major underwriter for lawyers who write title insurance in Florida. In a letter to lawyers, the fund said it has become aware of short sale programs advertised on the Internet that promise to make investors lots of money with little or no work.

The letter says they involve investors entering option deals with homeowners for “the exclusive right to purchase their property for a period of time.”

The investor negotiates a short sale with the mortgage holder by convincing it that the price it is offering is the market value of the property. The investor then finds a buyer for a much higher price. The sales happen simultaneously, and the investor pockets the difference.

The problem is that “the original lender is not told that the buyer is flipping the property on the same day for thousands more than the lender has been told is the market value of the property,” the letter states.

The fund’s decision could have a major effect on short sale flips because many investors use lawyers to close deals when traditional title companies won’t.

The option contract method has been gaining steam as a way to work off inventory in a bad real estate market.

Critics say mortgage holders are misled and don’t realize they could be selling for more. Some real estate agents and buyers complain that the option contracts lock some buyers out of the market. That’s because some types of loans forbid flips.

Some lawyers have raised concerns that sellers may have to pay the difference later.

But proponents say investors can make money and homeowners can avoid foreclosure. They say mortgage holders would lose even more money if they foreclosed on the home.

Copyright © 2009 Tampa Tribune, Fla., Shannon Behnken. Distributed by McClatchy-Tribune Information Services.