Missed Payments?
   Want to Avoid Foreclosure?

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   Follow these steps...    

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Negotiate
Closing

 

 
 

Escrow & Negotiations
and The Short Sale Process


 

 
Audio Message about Escrow Services and
Legal Negotiating Services with the Lien Holders.

 

This page is under construction!

These steps are our attempted goals (sometimes we do not get full cooperation which skews our preferred timeline).  Buyers and Sellers have to have patience and realize, though we're skilled at what we do, we still may encounter some loss mitigation folks or inside hierarchy that may we strong willed for one reason or another, and, it may take a bit longer to get them to concede.  Some like to play the waiting game to make the the buyer and seller teams squirm, sometimes to the point of frustration.  And this is where experience comes in, recognizing this is merely one of the their negotiating techniques.

Day 1-6:  On Day 1, the listing goes live at the fair-market value price.  By Day 6, we submit an immediate offer to the foreclosing lien holder at 80% of FMV. This offer is supported by comps of other distressed properties. It is just high enough to be in the 'automated valuation' range of the lender.

Day 7-21: We work to get the BPO ordered and completed. Our offer includes every piece of information that the lender needs, the first time. We don't send incomplete short sale packages. Our file rises to the top of the stack and gets processed quickly.

Day 30: After 30 days, per NWMLS Form 22SS, without mutual acceptance, the offer is automatically rescinded. The offer we submitted was a valid, investor offer. If we receive a payoff within 30 days the buyer is prepared to step in and close on the transaction. Rarely, if ever, will a lender issue a payoff within 30 days.

Day 30-45: During the time between the offer being submitted and the BPO being completed, the seller is packing and moving. It is great if the house is in disarray when the BPO is completed. Once the BPO is complete, the house is cleaned, staged, and made move-in ready. The price is lowered by 10%, and the agent remarks are changed to state that the lender has completed the BPO. Quite often, at this point, the lender has countered the original offer and we can put in the agent remarks that we have verbal approval at the current listing price. These agent remarks are the key to getting strong offers on the property quickly. Without those remarks, buyer's agents will stay away from the property.

Day 45-60: An offer, or multiple offers are received. We look for the strongest offer and send it to the lender. This offer is usually 10% higher than the first offer, and the lender is appreciative of our successful marketing of the property.

Day 60-90: Payoffs received from lender. The BPO had been done already, the lender's negotiator had already named a price, and we quickly delivered a buyer who could meet that number and is cash strong, and ready to close. The only delay at this point is when the file needs to be sent to FNMA or FDMC or a PMI company for final approval.

Day 90-120: Closing. We recommend that buyers get their ducks in a row early. We tell them that there isn't a guarantee that we will get a payoff, but that when we do, we have to move quickly. Their investment in getting a property at 10% off an already low market price might be the cost of their inspection or appraisal, but that may be a wise investment in order to make the transaction close on time

 
 

Excerpt from Beryl's Email Negotiations Log
"It Pays to Choose a Trained Professional"

 

From:  billtu@xxxxx.xxx
Sent:  Friday, November 6, 2009  1:24 PM
To:  berylgosney@aol.com
Subject:  Tose 98203

6532 for the 2nd is a problem...is a problem.

Max investor guidelines on 2nd-
100k- up to 5k
99-75k- up to 4k
50-75k- up to 3k
etc and so on.

Bill Tu, Chase
Loss Mitigation Workout Specialist
bill.tu@xxxxx.xxx

--------------------------------------------------------------

From: BerylGosney@aol.com
Sent: Friday, November 06, 2009 1:44 PM
To: BillTu@xxxxx.xxx
Subject::

Bill -

I managed to negotiate a 50% payoff reduction Bill over the past week.  The 2nd originally wanted $13,640 payoff for the $65,320 loan balance.

The charts Charts and guidelines you share are just that "guidelines" --- They are a starting pointing not an obstacle....While they are understood and respected, one major factor needs to be addressed....

That's the ROI on a Foreclosure versus Short Sale.....To a distressed homeowner, it makes no difference to them, as, like I said earlier, they also are considering bankruptcy, especially if these deliberations continue to volley with no progress..

I don't know about the negotiators, if you folks recognize the comparison of a Foreclosure vs. Short Sale (in the chart I sent you earlier), the difference of 12% ROI by approving a short sale is pretty significant.  Passing that up should  

- Beryl Gosney
  425-344-2222

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From: billtu@xxxxx.xxx
Sent: 
Friday, November 6, 2009  3:53 PM
To:      berylgosney@aol.com
Subject:   Tose 98203
Beryl-

Hands are tied on this.  I can submit the 6532- but it will be denied by QA for guideline restrictions on 2nd lien acceptance.  Handle this now- or wait for me to work up- and be rejected and deal with it then.  Your call.

Bill Tu, Chase
Loss Mitigation Workout Specialist
bill.tu@xxxxx.xxx

-------------------------------------------------------------

From: BerylGosney@aol.com 
Sent:  Monday, November 9, 2009 11:08 AM
To:  tp@loanresolution.com
bcc:BillTu@xxxxx.xxx
cc:  berylgosney@aol.com
Subj:  WIN-WIN HUD submitted for 2nd Lien holder approval.

Attached is a new HUD-1 reflecting $6532 to 2nd with buyer/seller contributions.  Sales Price & all other itemized HUD expenses remain the same.

Buyers and Sellers are both packing in anticipation of approval in next couple days.  Buyer Appraisal will be ordered same day we receive lien holder approval letters (s).

- Beryl Gosney
  Listing Agent, 098997

-------------------------------------------------------------

From:  BillTu@xxxxx.xxx
Sent:   Monday, November 9, 2009  2:15 PMM
To:  berylgosney@aol.com
Subj:  Tose File 98203

Great Beryl.  Get all that on the HUD1- 2nd lien release letter from 2nd lien holder- email it to me..

Let's get this closed!

Bill Tu, Chase
Loss Mitigation Workout Specialist
bill.tu@xxxxxx.xxx

--------------------------------------------------------------

From: BerylGosney@aol.com
Sent: Wednesday, November 11, 2009 3:16 PM
To: tp@loanresolution.com
Cc: BerylGosney@aol.com
Cc:  BillTu@XXX.xxx
Subject:: Here is the new HUD-1 reflecting $6532 to 2nd with buyer/seller contributrions

Tanya....

Did you get my earlier email that showed the response from Chase?  Here's the WIN-WIN breakdown I have negotiated:

Chase contributes $4500+buyer side contributes $1016+seller side contributes $1016 and thus $6532 settlement is available for 2nd lien holder payoff on mortgage balance of $65,320. 

 

With that, 1st lien holder (Chase is ready to close in NLT, and on or before 18 days from today (Nov 30th).

Attached is the HUD-1 for this --- now all we need from you, is the 2nd's lien release letter as noted by Chase

-Beryl Gosney
 (425)-344-2222

                                                  -------------------------------------------------------------
From:  tp@loanresolution.com
To:  BerylGosney@aol.com
Sent: Wednesday, November 11, 2009 4:49 PM
Subject:  Tose 98203 - 1st pending approval and honored $6532 required contribution to 2nd

Got it Beryl.   I will review this and submit this today to the lien holder!!

Tanya P
Asset Manager

-------------------------------------------------------------

From:  billtu@xxxxx.xxx
Sent:  Wednesday, November 11, 2009  3:38 PM
To:  berylgosney@aol.com
Subject:  Tose 98203

G
ot it Beryl.  I am keeping the file open for you- but now we are pushing the 11/30 close.  Keep me posted and I will rush this when you get the lien release.  I'll work with you - just as soon as you get it. 

Bill Tu, Chasee
Loss Mitigation Workout Specialist
bill.tu@XXX.XXX