Balloons_mom_house_094At the closing table, a seller discovers he needs to contribute tens of thousands of dollars to actually sell his property, which he doesn’t have. The deal falls through. A former lender from 2003-2006 recalls the many 100%-option-arm-negative-amortization products he sold during that period and worries about the people who bought them. A woman sobs on the phone to her agent. She can’t possibly make another payment and doesn’t understand why her mortgage balance goes up every month.

Just snippets of conversation recently overheard…

Yesterday’s sales meeting featured a seminar on short sales. A short sale is when a lender accepts a lower payoff amount than the total amount owed on an existing mortgage. Why would a lender do this? To mitigate losses when the property owner can’t sell a house, gets behind on payments and can no longer afford to pay. From the bank’s point of view, a short sale is typically quicker and more cost efficient than a lengthy foreclosure.

The basic process of decline after an owner falls behind on payments is: 1) Notice of Default filed with the county, 2) Possible short sale if you can negotiate this with your lender, 3) Foreclosure. (For those interested, I now offer a weekly Notice of Default list, so if you want to receive it, send me your email address.)

The disturbing thing is, a lot sellers may not even realize they’re upside down. Maybe they bought with 90% financing 18 months ago, their home value has gone down a bit, and their option-arm payment has gone up tremendously because they’d been making the lowest payment possible that whole first year. They go another few months with the new payment but just can’t make it any more. They get behind, they list the house, by some miracle they sell it, they get to the closing table thankful to be out of it, then find out that negative amortization and a huge prepayment penalty have eaten every last bit of equity they had, and now they need to come up with $2500 to close. A shock to many.

As a buyer purchasing a property subject to a short sale, you need to understand some key points. First, the lender must approve the deal, and this process may take 2-6 weeks. So keep that in mind when scheduling rate locks. Second, the approval will be subject to numerous conditions, for example, limits on payments toward commissions, escrow fees, title insurance, transfer taxes, seller repairs, home warranties and anything else in the contract that may be a cost to the lender. Bottom line? The lender can come back and say, we pay for nothing, else no approval. So when you write an offer on a short sale, write a nice standard contract, but know in the back of your mind they may insist you pay everything, so pick your very best price going in.

I imagine this post will produce a flurry of I-told-you-so comments from my regular contributors, whom I should probably refer to as my canaries in the coal mine, because essentially, they called this one… right here in beautiful Reno.