Monday, November 29, 2010

Bountiful Short Sales: A Few Examples of Loan Servicers Not Doing Their Job

Bountiful UTAH - Most people think the person they mail their mortgage payment to every month is the owner of their loan. This is an absolute myth.


In fact, most of the time, they are not the owner of the loan. As an example, 80% of all loans that Bank of America (regardless of if they were or were not Countrywide loans) handles are not owned by Bank of America at all.  The majority of their loans are owned by Fannie Mae.


The largest owners of US mortgages are two companies that some would allege are owned by The United States Government, and the tax payers of this Country. They are the GSE's (Fannie Mae and Freddie Mac.)  They own an estimated 55-60% of all US Mortgages.


An additional estimated 10-15% are insured by Uncle Sam as well, through the FHA and VA loan guarantee programs. Another estimated 10-15% are owned by Wall Street Firms, Pension Funds, and other entities.


What does this mean to you? It means the company you mail your check to every month is essentially a hired gun. They are paid to collect payments, handle accounting and escrows, collect on delinquent accounts, and act as the front person for the owner of the loan.


They forward the money received to the owner of the loan, minus a small fee to themselves. This small fee on thousands (or millions in some cases) of mortgages means they are paid very, very well. In fact, the business is so profitable that recently the IBM computer company opened a subsidiary loan servicing company (IBM Lender Business Process Services, Inc.)


Now that I have laid the groundwork, let me explain how the loan servicing companies have worked against the loan owners best interest.


Acting as a servicer puts them close to the legal equivalent of a trustee. This means they can do whatever they want to, right?  NO! Let me explain.


A trustee has a fiduciary duty to whoever they represent. They are required to act in their client’s best interest.
If they do not do this, then they can be legally liable for any loss their loan owner incurs as a result of the trustee’s negligence. Just as real estate agents are required to act in their client’s best interest, loan servicers are also required to act in their client’s best interest.


Let’s say an agent listed a house and double sided it to a buyer for 200k. A 225k offer came in earlier, but the agent never presented it to the seller. Do you think the seller would be angry? Of course they would be.


Or, let’s say you managed an apartment community. You only had a leasing person on site one day a week.  You did this to save money. As a result the apartment complex only leased half of their apartments for the next year.


You caused them to lose half of their year’s rents. Would that apartment manager be unhappy? You bet they would be. The loan servicers are doing the exact same thing.


Here are a few examples of them breaching their fiduciary duty to their clients:
Example #1: Not giving buyers an answer on a short sale within a reasonable time period. Loan servicers should help their investors recoup as much money as possible from short sales.


Example #2: Turning down loan mods that amortize at a higher value than what is netted on a short sale or thru REO. Let me explain in a little more detail.  A homeowner had a reduction in income and can’t afford his original mortgage payment. The borrower has a stable income and agrees to pay $1,000 a month for the next 30 years. $1,000 a month for 30 years, at a 6.5% interest rate will repay a $158,210 mortgage.  


The loan servicer turns down the loan mod and forecloses. The house sells for $125,000 as an REO and the servicer nets $115,000.


Did the loan owner lose money? I think most people would agree that they did. Obviously there are other factors involved, but I think they would have done better if they had approved the homeowner’s offer.


Example #3: Not listing foreclosed properties quickly enough. I have witnessed several examples of banks foreclosing on a house and then taking 6 months to a year to put it up for sale.  As an example, there was a house foreclosed on September 9th, 2009. It was finally listed for sale 7 months later, in May 2010.


Say what you want, but waiting 7 months to put a property on the market is pathetic. If the mortgage holder had been an individual, do you think they would have listed the house a little faster than 7 months?


Thinking about a short sale? I can help you short sale your property and never pay the bank another dime. Send me an e-mail at utahhomesaver@gmail.com. I will contact you for a free consultation.  When we talk, I will explain how the process works in detail and answer any questions you may have. Or, if you prefer, you can call Dave at 801-651-0707.

Thinking about a loan modification? Our Utah Home Saver Loan Modification Kit has the instructions you will need to get a loan modification approved with your bank.  This is a FREE for you, all you have to do is call or  email us today.

Thank you for taking a few minutes of your busy day to read this, Dave Forsberg.

Dave is a Realtor with Prudential Utah Real Estate - Bountiful.
Phone: 801.651.0707   Email: utahhomesaver@gmail.com

Dave Forsberg and The Utah Home Saver Team specialize in helping Davis County, Utah Homeowners short sale and never pay the bank another dime. Bountiful Loan Modification Help, Bountiful Short Sales. Bountiful Short Sale Realtor. Bountiful Realtors. Bountiful Realty. Bountiful Realtor. North Salt Lake Short Sales. Woods Cross Short Sale Realtor. Centerville Short Sales. Farmington Short Sale Realtor. Fruit Heights Short Sales. Kaysville Short Sales Realtor. Layton Short Sales. Layton Short Sales Realtors. Syracuse Short Sales. Clearfield Short Sales Realtor. Davis County Utah Realtor. Stop Foreclosure. Stop Utah Foreclosure. Avoid Foreclosure. Avoid Utah Foreclosure. Foreclosure Alternatives. Utah Foreclosure Alternatives. Bountiful Homes for Sale. Bountiful Houses for Sale.utahhomesaver@gmail.com

Sunday, November 28, 2010

Thinking about a short sale, but can’t pay your homeowner’s association dues?

Bountiful UTAHMany people don’t think they are eligible for a short sale because they have unpaid homeowner’s association dues. Don’t worry about paying them yourself. When you short sale your home the association dues will be paid by your lender.  


A homeowner’s association is an extremely small percentage of the overall short sale value. Lenders know that a short sale will net them substantially more money than a foreclosure.

I had a recent example of this. I listed a house that received a $139,900 short sale offer. The lender rejected that offer. The home was foreclosed on and sold for $116,400. That means that lender lost $23,500 by rejecting that short sale offer.

The short sale lenders/servicer had ran all the numbers on a short sale versus foreclosure. They have high paid actuaries who go through everything.  If they have to foreclose, then they want to make sure they get the most amount of money possible. They know that they can recoup their money faster with a short sale versus foreclosing on a house and then reselling it.  

Because of this fact, the lenders/servicers are willing to pay your delinquent homeowners association dues. In addition, the bank pays the real estate agent (they will have to hire a real estate agent when they sell the house.)  They also pay the title insurance and property taxes, because they must be paid in order to sell a house. They have to pay all those costs when they sell a bank owned property.

The Bottom Line: All of the costs are borne by the bank in a short sale. You pay nothing. 


Thinking about a short sale? I can help you short sale your property and never pay the bank another dime. Send me an e-mail at utahhomesaver@gmail.com. I will contact you for a free consultation.  When we talk, I will explain how the process works in detail and answer any questions you may have. Or, if you prefer, you can call Dave at 801-651-0707.

Thinking about a loan modification? Our Utah Home Saver Loan Modification Kit has the instructions you will need to get a loan modification approved with your bank.  This is a FREE for you, all you have to do is call or  email us today.

Thank you for taking a few minutes of your busy day to read this, Dave Forsberg.

Dave is a Realtor with Prudential Utah Real Estate - Bountiful.
Phone: 801.651.0707   Email: utahhomesaver@gmail.com

Dave Forsberg and The Utah Home Saver Team specialize in helping Davis County, Utah Homeowners short sale and never pay the bank another dime. Bountiful Loan Modification Help, Bountiful Short Sales. Bountiful Short Sale Realtor. Bountiful Realtors. Bountiful Realty. Bountiful Realtor. North Salt Lake Short Sales. Woods Cross Short Sale Realtor. Centerville Short Sales. Farmington Short Sale Realtor. Fruit Heights Short Sales. Kaysville Short Sales Realtor. Layton Short Sales. Layton Short Sales Realtors. Syracuse Short Sales. Clearfield Short Sales Realtor. Davis County Utah Realtor. Stop Foreclosure. Stop Utah Foreclosure. Avoid Foreclosure. Avoid Utah Foreclosure. Foreclosure Alternatives. Utah Foreclosure Alternatives. Bountiful Homes for Sale. Bountiful Houses for Sale.utahhomesaver@gmail.com

Saturday, November 27, 2010

How to write a short sale hardship letter

Bountiful UTAH - United States Government officials estimates by the end of 2011, over 50% of Americans who have a mortgage on their home will be underwater (they will owe more than the value of their property.) If you are in a difficult financial situation, like much of the country, a short sale may be the best alternative to a foreclosure. 


Some people in the real estate business say that, "a short sale is only for those that HAVE to sell, not for those that WANT to sell." But that is not always true.  In tough financial times even a negative equity position can cause undue stress, and thus be a hardship.  In a short sale, your lender will require you to prove or state your financial hardship, and the short sale hardship letter is an absolutely critical piece of required documentation package you must submit to your lender.


What constitutes a "financial hardship"?
  • Loss of employment or even a reduction in income
  • Death in family or major unexpected medical expenses
  • Relocation or Job Transfer
  • Increased bills or expenses
  • Negative Equity Position
  • Major repairs needed to property, without resources to pay for them
  • Divorce
  • Bankruptcy
By the time a home owner is considering a short sale, most have already done, tried or attempted to qualify for a loan modification.  Some may come in the form of a forbearance, repayment plan (which are both temporary solutions to a long term problem), or in the form of a re-worked loan package.  


If you have already written a hardship letter for your loan modification, you have to write a brand new one that is more specific to a short sale.


Here are some common things that a short sale hardship letter should and should not contain:
  1. The hardship letter must be signed and dated
  2. Reference the property address and loan number in the header
  3. It should be short and to the point, 5-10 sentences in enough, less than 1 page total
  4. State your hardship, and the circumstances that led you no longer being able to afford the property
  5. Make a strong case and relay the desperation of your case
  6. Do not blame your lender for your circumstances
  7. Do not write to much, they don't have the time to read it
  8. End the letter with something like "a short sale seems to be our only solution to avoid foreclosure" or "please consider a short sale on our property, we can find no other answer to our circumstances"
  9. Again, don't forget to sign and date it

Email me, and I can give you some actual examples of a quality short sale hardship letter.

Thinking about a short sale? I can help you short sale your property and never pay the bank another dime. Send me an e-mail at utahhomesaver@gmail.com. I will contact you for a free consultation.  When we talk, I will explain how the process works in detail and answer any questions you may have. Or, if you prefer, you can call Dave at 801-651-0707.

Thinking about a loan modification? Our Utah Home Saver Loan Modification Kit has the instructions you will need to get a loan modification approved with your bank.  This is a FREE for you, all you have to do is call or  email us today.

Thank you for taking a few minutes of your busy day to read this, Dave Forsberg.

Dave is a Realtor with Prudential Utah Real Estate - Bountiful.
Phone: 801.651.0707   Email: utahhomesaver@gmail.com

Dave Forsberg and The Utah Home Saver Team specialize in helping Davis County, Utah Homeowners short sale and never pay the bank another dime. Bountiful Loan Modification Help, Bountiful Short Sales. Bountiful Short Sale Realtor. Bountiful Realtors. Bountiful Realty. Bountiful Realtor. North Salt Lake Short Sales. Woods Cross Short Sale Realtor. Centerville Short Sales. Farmington Short Sale Realtor. Fruit Heights Short Sales. Kaysville Short Sales Realtor. Layton Short Sales. Layton Short Sales Realtors. Syracuse Short Sales. Clearfield Short Sales Realtor. Davis County Utah Realtor. Stop Foreclosure. Stop Utah Foreclosure. Avoid Foreclosure. Avoid Utah Foreclosure. Foreclosure Alternatives. Utah Foreclosure Alternatives. Bountiful Homes for Sale. Bountiful Houses for Sale.utahhomesaver@gmail.com

Friday, November 26, 2010

Bountiful Weekly Real Estate Sales Transactions

Bountiful UTAH - Bountiful Weekly Real Estate Sales Transactions 11/22/2010 -11/26/2010

Call Dave @ 801.651.0707 or Email: utahhomesaver@gmail.com

Address                                                        Price         SqFt     BD    BT
Sold Property:
314 Center St #93, Bountiful UT 84010           $115,000      925       2     1
597 N 400 East, Bountiful UT 84010               $139,900      1044     3     1
243 E 2200 South, Bountiful UT 84010           $190,000       2112     4     2
2011 Mapleview, Bountiful UT 84010               $296,500      3200     4     3
175 Country Springs, Bountiful UT 84010        $275,000      2768     3     3
2797 Cove Lane, Bountiful UT 84010               $448,000      4423     7     4
4391 Bountiful Blvd, Bountiful UT 84010           $478,000     5283      4     6 Short Sales
New Listings:
314 Center St #92, Bountiful UT 84010           $105,000      944       2     1  
513 N 400 East, Bountiful, UT 84010              $125,000      1324     2     2  
306 W 400 North, Bountiful, UT 84010            $159,000      2000     4     1 Short Sale
270 E 200 North, Bountiful, UT 84010             $164,000      1456     2     1 Foreclosure
836 W 4100 South, Bountiful, UT 84010          $180,000      2359     2     2 HUD Home
649 E 1600 South, Bountiful, UT 84010           $199,900      2252     4     2 Short Sale
373 W 2600 South, Bountiful, UT 84010          $200,000      2350     3     2
1319 E Ridgewood #84, Bountiful, UT 84010    $210,000      1379     2     2 
1936 S 775 East, Bountiful, UT 84010             $247,000      2480     5     3
2401 S Bountiful Blvd, Bountiful, UT 84010       $450,000      5326     3     2

2797 South Cove Lane, Bountiful, Utah 84010
Need to sell your home?  Do you know how much you home is worth in today's market?  Call Dave at 801.651.0707

Bountiful Short Sales: Will your short sale be killed by bureaucracy?

Bountiful UTAH - “I can’t process this short sale without the TPS form filled out with the seller’s full name”, the short sale negotiator told him. “But, based on my calculations, this short sale will help your company avoid a $17,000 loss”, he replied.


“So, you’re telling me that unless I can get you the TPS form filled out, then you will reject this short sale and subject your company to a potential $17,000 loss,?”


“Yes, you are right”, she replied. “But $17,000 is a lot of money. Don’t you agree?”, he replied back. “I don’t care about the money. The TPS form is company procedure”, she said.


The story above illustrates just how crazy short sale lender bureaucracy is today. The guy who told me that story could not remember the form name.


He said it was about as dumb as the infamous “TPS Reports” from the movie Office Space. The reason is because many banks turn down short sales only to lose more money through a foreclosure.


As an example, the house in question sold for $197,000 about 12 months ago. Today, comparable homes are selling for $163,000 (not a typo.)


In that 12 months, the home’s value dropped by $34,000. The bank’s foreclosure process was on track to foreclose on the house in 6 months. It would have taken another 3-6 months to sell the foreclosed house.


That means the value would have dropped by a minimum of three quarters of $34,000. That mean the lender would have lost another $25,500 because they turned down the reasonable short sale offer.


Here is what was wrong with the TPS form. One form had “John Stevens” entered for the seller’s name. The short sale negotiator was going to reject the short sale unless his name was changed to “John W. Stevens.”  Everyone else was perfectly ok with the existing paperwork. The title company, the buyer’s mortgage company, and everyone else.  They were going to lose over $25,000 for a simple middle initial.  That's simply crazy.


The bottom line: A large (nationally know) lender was willing to risk losing $20,000 because they needed a document to be perfect. Nobody ever asked the stockholders for their opinion.


That’s what short sale bureaucracy does. It hurts the economy. It is also why you need an experienced, competent short sale agent. You need someone who knows how to work with the bureaucracy and get things done.

Thinking about a short sale? I can help you short sale your property and never pay the bank another dime. Send me an e-mail at utahhomesaver@gmail.com. I will contact you for a free consultation.  When we talk, I will explain how the process works in detail and answer any questions you may have. Or, if you prefer, you can call Dave at 801-651-0707.

Thinking about a loan modification? Our Utah Home Saver Loan Modification Kit has the instructions you will need to get a loan modification approved with your bank.  This is a FREE for you, all you have to do is call or  email us today.

Thank you for taking a few minutes of your busy day to read this, Dave Forsberg.

Dave is a Realtor with Prudential Utah Real Estate - Bountiful.
Phone: 801.651.0707   Email: utahhomesaver@gmail.com

Dave Forsberg and The Utah Home Saver Team specialize in helping Davis County, Utah Homeowners short sale and never pay the bank another dime. Bountiful Loan Modification Help, Bountiful Short Sales. Bountiful Short Sale Realtor. Bountiful Realtors. Bountiful Realty. Bountiful Realtor. North Salt Lake Short Sales. Woods Cross Short Sale Realtor. Centerville Short Sales. Farmington Short Sale Realtor. Fruit Heights Short Sales. Kaysville Short Sales Realtor. Layton Short Sales. Layton Short Sales Realtors. Syracuse Short Sales. Clearfield Short Sales Realtor. Davis County Utah Realtor. Stop Foreclosure. Stop Utah Foreclosure. Avoid Foreclosure. Avoid Utah Foreclosure. Foreclosure Alternatives. Utah Foreclosure Alternatives. Bountiful Homes for Sale. Bountiful Houses for Sale.utahhomesaver@gmail.com

Thursday, November 25, 2010

Foreclosure Prevention Question: My house is in foreclosure? When will I have to move out?

Bountiful UTAH - I recently received a question from a homeowner facing foreclosure. I’ll call him Dana to protect his identity. (Foreclosure can be embarrassing and I don’t want to put his name out there.)


Dana asked, “I haven’t made a house payment in a while. I’m just wondering how much longer it will be before I have to move out?”


Most people in foreclosure are at a disadvantage because they how the process works. 
Here is the answer to his question.


It all depends what on the state he is located in and whether or not his lender has started the foreclosure process. So the first thing you should do is find out if the foreclosure has been started.


You can do that by calling the courthouse in your county or town.
For example, if you live in Davis County, then you would call the Davis County Courthouse. They will direct you to the correct person.


Once you find the correct person, ask them for the foreclosure department. Then, ask the clerk how you can research if a foreclosure has been filed against you.  They will either direct you to a website, or look up the information on their computer.


Here is why it is important to find out if the foreclosure has been started.
We have seen many lenders wait 8 months, 12 months, and sometimes even longer, to start the legal foreclosure process. Many of them are backed up and don’t have the staff in place to handle everything.
Once the foreclosure has been started you will want to see how far along it is. Every state handles foreclosure process differently. In addition, they all have different time periods for redemption.  Because of that, I would recommend you contact The Utah Home Saver Team, as we are qualified specialist in this area. I am the local specialist for Bountiful, Utah and the rest of Davis and Salt Lake County.


We can stop or delay the foreclosure process.  It is not uncommon for people to live in their homes for 6-12 months before they will be evicted by their bank.  Call us today at 801.651.0707, and find out how we can help you.


Thinking about a short sale? I can help you short sale your property and never pay the bank another dime. Send me an e-mail at utahhomesaver@gmail.com. I will contact you for a free consultation.  When we talk, I will explain how the process works in detail and answer any questions you may have. Or, if you prefer, you can call Dave at 801-651-0707.

Thinking about a loan modification? Our Utah Home Saver Loan Modification Kit has the instructions you will need to get a loan modification approved with your bank.  This is a FREE for you, all you have to do is call or  email us today.

Thank you for taking a few minutes of your busy day to read this, Dave Forsberg.

Dave is a Realtor with Prudential Utah Real Estate - Bountiful.
Phone: 801.651.0707   Email: utahhomesaver@gmail.com

Dave Forsberg and The Utah Home Saver Team specialize in helping Davis County, Utah Homeowners short sale and never pay the bank another dime. Bountiful Loan Modification Help, Bountiful Short Sales. Bountiful Short Sale Realtor. Bountiful Realtors. Bountiful Realty. Bountiful Realtor. North Salt Lake Short Sales. Woods Cross Short Sale Realtor. Centerville Short Sales. Farmington Short Sale Realtor. Fruit Heights Short Sales. Kaysville Short Sales Realtor. Layton Short Sales. Layton Short Sales Realtors. Syracuse Short Sales. Clearfield Short Sales Realtor. Davis County Utah Realtor. Stop Foreclosure. Stop Utah Foreclosure. Avoid Foreclosure. Avoid Utah Foreclosure. Foreclosure Alternatives. Utah Foreclosure Alternatives. Bountiful Homes for Sale. Bountiful Houses for Sale.utahhomesaver@gmail.com

Tuesday, November 23, 2010

What are the specific damages a foreclosed homeowner might be able to be compensated for by their loan servicer due to a rejected short sale offer

Bountiful UTAH -  This is the third part of a recent topic I've been writing about on this site.  This is a follow up on an issue that came about when talking to a Bountiful resident named Diego. His loan was owned by Fannie Mae and the company (servicer) of the loan for Fannie Mae was rejecting a reasonable and excellent short sale offer for no valid reason.


When Diego's lawsuit against the servicer gets in front of a jury and he must show how this servicing company’s negligence caused Fannie Mae to lose $17,500 (what I project they will lose by foreclosing as opposed to accepting the short sale offer) and that it hurts them and Diego,as well. In this case, the jury will, in most cases, award damages to Diego in a heartbeat.
    
Here are some of the damages a foreclosed homeowner might be able to ask for.
Credit Damage. A foreclosure is much more damaging long term to your credit than a short sale. For the next 5-7 years (or possibly up to 10) the homeowner will have to answer yes to the standard questions that are on most credit applications: “Have you had property foreclosed upon or given title or deed-in-lieu, thereof, in the last 7 years?
Harm from a potentially larger amount being owed to the owner of the loan. If the short sale was turned down, and as a result the home sold for less as a foreclosure, the owner of the loan could pursue the homeowner for more money as part of a legal judgement. (This would be a much easier argument after the foreclosed home sold and you have a copy of the sale prices of the home and the original short sale offer in hand.)


These are two things I can think of that are the most likely to be approved by a jury. I am not an lawyer, and you should always consult a lawyer in matters such as this, but it gives you ideas that you can present to a member of the legal community.  If you can think of additional damages, then please post them in the comments section below.

There is something else very interesting this home seller told me.
When he talked to a women at the servicer and asked why they were rejecting the short sale offer, she replied “We or some of our investors will buy it.”

That sounds pretty odd to me. I have seen other people who handle loans for a third party owner profit from the loan owner’s (Fannie Mae in this case) loss. For example, one local company charges the buyer a $1,500 to $5,000 fee for buying a short sale. If the buyer won’t pay, then the servicer won’t approve the short sale.

Remember, they are being paid by the owner of the loan (Fannie Mae a GSE that takes Tax Payer money.)
In fact, they are paid very well. The business of servicing is so profitable that many obscure companys like IBM Computers (who recently opened a subsidiary loan servicing company) are getting in to the game.  To me it seems like these companies are trying to make a cheap buck off of an American's misfortune.

Thinking about a short sale? I can help you short sale your property and never pay the bank another dime. Send me an e-mail at utahhomesaver@gmail.com. I will contact you for a free consultation.  When we talk, I will explain how the process works in detail and answer any questions you may have. Or, if you prefer, you can call Dave at 801-651-0707.

Thinking about a loan modification? Our Utah Home Saver Loan Modification Kit has the instructions you will need to get a loan modification approved with your bank.  This is a FREE for you, all you have to do is call or  email us today.

Thank you for taking a few minutes of your busy day to read this, Dave Forsberg.

Dave is a Realtor with Prudential Utah Real Estate - Bountiful.
Phone: 801.651.0707   Email: utahhomesaver@gmail.com

Dave Forsberg and The Utah Home Saver Team specialize in helping Davis County, Utah Homeowners short sale and never pay the bank another dime. Bountiful Loan Modification Help, Bountiful Short Sales. Bountiful Short Sale Realtor. Bountiful Realtors. Bountiful Realty. Bountiful Realtor. North Salt Lake Short Sales. Woods Cross Short Sale Realtor. Centerville Short Sales. Farmington Short Sale Realtor. Fruit Heights Short Sales. Kaysville Short Sales Realtor. Layton Short Sales. Layton Short Sales Realtors. Syracuse Short Sales. Clearfield Short Sales Realtor. Davis County Utah Realtor. Stop Foreclosure. Stop Utah Foreclosure. Avoid Foreclosure. Avoid Utah Foreclosure. Foreclosure Alternatives. Utah Foreclosure Alternatives. Bountiful Homes for Sale. Bountiful Houses for Sale.utahhomesaver@gmail.com

Monday, November 22, 2010

Are homeowners able to sue their lender for damages after a foreclosure?

Bountiful UTAH -  I am following up on a question from Diego, from a previous post. His loan was owned by Fannie Mae and the company servicing the loan for Fannie Mae was rejecting an excellent short sale offer for no valid reason.


This is a quick recap of what I recommended Diego do.
Step #1: Call up the servicer and demand a written letter explaining why they are declining the short sale offer.
Step #2: Write down what you project your damages are going to be if the property is foreclosed upon instead of sold as a short sale.
Step #3: Call up the company handling the loan for Fannie Mae and tell them if they reject the short sale for no reason and the house is foreclosed, then you will be suing them for those specific damages you drew up in Step #2.


Here is the basis for a lawsuit filed by Diego.

Fannie Mae is the owner of his loan. If the short sale offer is rejected, then the property will be foreclosed.  In most cases, foreclosed properties sell for 10-18% less than a quality short sale offer. I can show you countless examples of this happening.

The company handling his loan is not his “lender.” They were a third party hired by Fannie Mae to collect payments and do what is in Fannie Mae’s best interest.

The basis for the lawsuit against this servicing company is that they are not doing everything they can to help Fannie Mae net the most money from the property sale. As a result of them not doing their duties on behalf of Fannie Mae, Diego will have a foreclosure on his record for at least 7-10 years.

We all know that a foreclosure will be much more damaging to his credit history. He will have other damages as well. That will be the basis of his lawsuit.

When you get in front of a jury and show how this company’s negligence caused Fannie Mae to lose $17,500 (what I project they will lose by not accepting the quality short sale offer) and that it hurt Diego and Fannie Mae, as well.  A sensible jury will award damages to Diego in a heartbeat.

In an upcoming post, I will detail the specific damages that Diego may, in fact, be able to seek from the servicer for their rejection and lack of action on a quality short sale offer.


Thinking about a short sale? I can help you short sale your property and never pay the bank another dime. Send me an e-mail at utahhomesaver@gmail.com. I will contact you for a free consultation.  When we talk, I will explain how the process works in detail and answer any questions you may have. Or, if you prefer, you can call Dave at 801-651-0707.

Thinking about a loan modification? Our Utah Home Saver Loan Modification Kit has the instructions you will need to get a loan modification approved with your bank.  This is a FREE for you, all you have to do is call or  email us today.

Thank you for taking a few minutes of your busy day to read this, Dave Forsberg.

Dave is a Realtor with Prudential Utah Real Estate - Bountiful.
Phone: 801.651.0707   Email: utahhomesaver@gmail.com

Dave Forsberg and The Utah Home Saver Team specialize in helping Davis County, Utah Homeowners short sale and never pay the bank another dime. Bountiful Loan Modification Help, Bountiful Short Sales. Bountiful Short Sale Realtor. Bountiful Realtors. Bountiful Realty. Bountiful Realtor. North Salt Lake Short Sales. Woods Cross Short Sale Realtor. Centerville Short Sales. Farmington Short Sale Realtor. Fruit Heights Short Sales. Kaysville Short Sales Realtor. Layton Short Sales. Layton Short Sales Realtors. Syracuse Short Sales. Clearfield Short Sales Realtor. Davis County Utah Realtor. Stop Foreclosure. Stop Utah Foreclosure. Avoid Foreclosure. Avoid Utah Foreclosure. Foreclosure Alternatives. Utah Foreclosure Alternatives. Bountiful Homes for Sale. Bountiful Houses for Sale.

Sunday, November 21, 2010

Bountiful UTAH - I recently received a call from Diego. He is a Bountiful, Utah resident that currently has his home listed as a short sale another local Realtor.  Here is the problem/concern he brought up to me.


"I am a Seller trying to avoid foreclosure. My agent has a buyer and his offer is with the lender from last seven months. Now the lender told us that Fannie Mae (the investor holding the loan) refused the short sale offer and the house is going to foreclosure early next week.  What can I do to stop this?"



Diego's lender’s appraisal shows the house is worth $225,450. The offer submitted is for $235,000. I told Diego to call his lender and tell them that it is unlikely they will receive and offer for $235,000 after the foreclosure is processed. The Lender to Diego, “We or some of our investors will buy it, but most likely for a lesser amount!”

Diego does not want a foreclosure on his credit report. Diego asked me point-blank, "Is there anything I can do to stop the foreclosure now?

Diego gave me a bunch more details. He kept great records, unlike is agent who kept nearly zero records.  I will relate them here and then tell you what I recommend that he do. He told me the loan is owned by Fannie Mae, and a third party lender is “servicing” the loan for them.

Here is what  I recommended that he do:   
I have negotiated lots of short sales. The only reason a lender should ever turn down a short sale is when their numbers (from an actuarial viewpoint) show that they will reduce the investor's losses with a foreclosure.  That has always been the case on any short sale I have ever negotiated. (Or I should say most of them. Some have been rejected for other reasons, but they are almost always monetary reasons.)


Here is exactly what I would do if I was is the same position as Diego.
Step #1: Call up the servicer of the loan and demand a detailed written letter explaining why they are declining the short sale offer.
Step #2: Write down what you project your personal damages are going to be if the property is foreclosed upon instead of sold as a short sale.
Step #3: Again, call up the servicer (the company handling the loan for Fannie Mae - Remember, they are not your lender. They are paid by Fannie Mae to do their job in a competent manner.) Tell them if they reject the short sale for no valid reason and the house is foreclosed, then you will be suing them for those specific damages you drew up in Step #2.

This seems extreme and somewhat insane, but maybe just what it takes to get the bank/investor to approved the short sale.

I will go into more details about potential damages and the basis for a lawsuit within my next couple posts.



Thinking about a short sale? I can help you short sale your property and never pay the bank another dime. Send me an e-mail at utahhomesaver@gmail.com. I will contact you for a free consultation.  When we talk, I will explain how the process works in detail and answer any questions you may have. Or, if you prefer, you can call Dave at 801-651-0707.

Thinking about a loan modification? Our Utah Home Saver Loan Modification Kit has the instructions you will need to get a loan modification approved with your bank.  This is a FREE for you, all you have to do is call or  email us today.

Thank you for taking a few minutes of your busy day to read this, Dave Forsberg.

Dave is a Realtor with Prudential Utah Real Estate - Bountiful.
Phone: 801.651.0707   Email: utahhomesaver@gmail.com

Dave Forsberg and The Utah Home Saver Team specialize in helping Davis County, Utah Homeowners short sale and never pay the bank another dime. Bountiful Loan Modification Help, Bountiful Short Sales. Bountiful Short Sale Realtor. Bountiful Realtors. Bountiful Realty. Bountiful Realtor. North Salt Lake Short Sales. Woods Cross Short Sale Realtor. Centerville Short Sales. Farmington Short Sale Realtor. Fruit Heights Short Sales. Kaysville Short Sales Realtor. Layton Short Sales. Layton Short Sales Realtors. Syracuse Short Sales. Clearfield Short Sales Realtor. Davis County Utah Realtor. Stop Foreclosure. Stop Utah Foreclosure. Avoid Foreclosure. Avoid Utah Foreclosure. Foreclosure Alternatives. Utah Foreclosure Alternatives. Bountiful Homes for Sale. Bountiful Houses for Sale.