Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

Skip to comments.

Short Sales While in Foreclosure

Posted on 01/11/2011 4:04:44 AM PST by hsmomx3

I recently found a full time job after almost two years of not being able to find one but our home is scheduled to be auctioned in February.

I have heard different things and am not sure what to do.

My parents, who live out of state, want to buy the house with cash, free and clear, not for them, but for me and the kids so we have a place to live.

Is this possible? I have heard realtors say it is forbidden, while others say it could be done.

I have not notified the agency who has our home loan but I am trying to work out a modification with them which leads me going around in circles as many well know. I am trying to do whatever can be done to save my house.

I have never been thru this so I would appreciate any advice you can give me.


TOPICS: Business/Economy
KEYWORDS: bankers; foreclosure; iamarealtor; realestate; realtor; reoauction; shortsale; shortsales
Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-8081-92 next last
To: fatima
.Also if you do a short sale you must pay the bank the balance of the loan due on your house.

Legally yes, but most banks never pursue.

41 posted on 01/11/2011 7:31:06 AM PST by SeeSac
[ Post Reply | Private Reply | To 23 | View Replies]

Comment #42 Removed by Moderator

To: SaintDismas
Even a perfect stranger to you can’t buy your home and then turn around and rent it back to you.

There is nothing in my short sale purchase agreement to prevent me from renting back to the sellers.

43 posted on 01/11/2011 7:33:59 AM PST by SeeSac
[ Post Reply | Private Reply | To 29 | View Replies]

To: silverleaf
” eventually someone in the bank or some friend of someone in the bank will get the house”

That is specifically prohibited. People have lost their jobs by buying a foreclosure or short sale that their bank employer owns or in most cases just services.

Maybe that stuff could happen with Bob's Bank and Bait Shop; but most lenders of any size would have prohibitions in place to prevent this.
It would be a huge conflict of interest....

44 posted on 01/11/2011 7:34:48 AM PST by HereInTheHeartland (Vote like Obama is on the ballot)
[ Post Reply | Private Reply | To 22 | View Replies]

To: SeeSac

So who controls the auction?

Is it not the party who holds title to the property?

Read the fine print, most allow the title holder to accept or reject any auction bid at their option.

I supose you think the stinkiest part of my advice is GET A RAL ESTATE ATTORNEY TO ADVISE YOU AND PROTECT YOUR INTERESTS.


45 posted on 01/11/2011 7:35:11 AM PST by silverleaf (All that is necessary for evil to succeed, is that good men do nothing)
[ Post Reply | Private Reply | To 38 | View Replies]

To: SaintDismas
RE: http://shortsalepowerhour.com

How do you know of these folks, and since so many people are facing foreclosure OR are buyers wanting to capitalize on short sale real estate, just how would one go about identifying reputable honest professionals in this precise field in one's own home state?

For instance, what kind of searches would one conduct at google.com, and how could one verify that such realtors found who specialize in distressed properties are actually competent & trustworthy?

Thanks.

46 posted on 01/11/2011 7:38:03 AM PST by hennie pennie
[ Post Reply | Private Reply | To 26 | View Replies]

To: hennie pennie

It would be almost difficult top prove why the bank accepted one bid over another (wink wink)

Picture this- a bank client who is a builder or general contractor with large loans and lines of credit outstanding tells the bank he can fix up the house and resell it for $XXXXXXXX, and already has a buyer in his pocket ..... and the bank gets its money back on the old loan plus gets the new loan.

His bid is gonna carry some weight


47 posted on 01/11/2011 7:39:12 AM PST by silverleaf (All that is necessary for evil to succeed, is that good men do nothing)
[ Post Reply | Private Reply | To 24 | View Replies]

To: HereInTheHeartland

see my post above

It’s just buseiness Sonny, it’s not personal


48 posted on 01/11/2011 7:41:16 AM PST by silverleaf (All that is necessary for evil to succeed, is that good men do nothing)
[ Post Reply | Private Reply | To 44 | View Replies]

To: thirst4truth
I am a Realtor and I am doing a short sale right now for a client and now friend. We have priced the house below the mortgage amount and now are getting offers.

Minor correction. You are LISTING the house below the payoff amount. The bank will be doing the 'pricing' of the house. Your listing price has NO legal standing for the price of the house UNLESS it is high enough to pay off the balance OR the seller has agreed to make up the short. Otherwise, it is just a marketing tool used to get offers to send to the bank.

49 posted on 01/11/2011 7:42:49 AM PST by SeeSac
[ Post Reply | Private Reply | To 39 | View Replies]

To: SeeSac; All
A friend of mine mentioned to me that nowadays there are only one-fourth of the realtors nationally, that existed during the height of the housing bubble & flipping boom.

25 percent seems like a very low number.

And we have friends who wanted to look at a short sale on the market and their realtor friend told them NOT to even bother, that it would take way too long to buy any short sale in this housing market.

And that there might be five percent of residential housing investors as opposed to a mere five years ago.

How astounding!!

50 posted on 01/11/2011 7:51:58 AM PST by hennie pennie
[ Post Reply | Private Reply | To 49 | View Replies]

To: silverleaf
So who controls the auction? Is it not the party who holds title to the property?

If you have to ask these questions, you are in no shape to give advice on foreclosure auctions.

Read the fine print, most allow the title holder to accept or reject any auction bid at their option.

What fine print? Once the property goes to auction, it is out of the hands of the bank. Besides, until the auction occurs, the title holder is the homeowner, not the bank. Are you really in Real Estate?

51 posted on 01/11/2011 7:53:04 AM PST by SeeSac
[ Post Reply | Private Reply | To 45 | View Replies]

To: silverleaf
It would be almost difficult top prove why the bank accepted one bid over another (wink wink) Picture this- a bank client who is a builder or general contractor with large loans and lines of credit outstanding tells the bank he can fix up the house and resell it for $XXXXXXXX, and already has a buyer in his pocket ..... and the bank gets its money back on the old loan plus gets the new loan. His bid is gonna carry some weight

The bank has no control over the winning bid. It is a court ordered PUBLIC auction and the court must approve the winning bid.

52 posted on 01/11/2011 7:54:52 AM PST by SeeSac
[ Post Reply | Private Reply | To 47 | View Replies]

To: hennie pennie; hsmomx3; Chunga85; Kartographer

*ping*

“A fellow freeper needs advice in this thread, any of you care to assist her? OR know of any freepers knowledgable about short sales following foreclosure?”

Chunga and Kartographer are very intelligent about these things and I think they will be happy to help.

I did just read about this change to the rules below.

Treasury Drops Short Sale Requirements

http://www.cnbc.com/id/40930787

BTW hsmonx3 I hope things work out for you and for all the Freeper’s who have had difficulty. Honestly it breaks my heart to hear people lump everyone into a mold calling them names bad things can happen to good people. A job loss, an illness there but for the Grace of God go I! I don’t think the Lord looks at people as dead beats he knows what is in their hearts and mind.


53 posted on 01/11/2011 7:55:57 AM PST by FromLori (FromLori">)
[ Post Reply | Private Reply | To 19 | View Replies]

To: HereInTheHeartland; silverleaf

Silverleaf is posting above his pay grade.


54 posted on 01/11/2011 7:56:26 AM PST by SeeSac
[ Post Reply | Private Reply | To 44 | View Replies]

To: silverleaf
“see my post above”

Not sure what you are saying, but your info about letting someone who works for the bank purchase that banks foreclosed or short saled property is inaccurate.
It MAY happen, but those doing that will lose their jobs if they are caught doing it.

55 posted on 01/11/2011 7:58:39 AM PST by HereInTheHeartland (Vote like Obama is on the ballot)
[ Post Reply | Private Reply | To 48 | View Replies]

To: hennie pennie
And we have friends who wanted to look at a short sale on the market and their realtor friend told them NOT to even bother, that it would take way too long to buy any short sale in this housing market.

The problem in this market is that (in many areas) unless you want to buy a new house or a bank owned property, you will end up bidding on a short sale. We are 3 1/2 months into ours and it is frustrating but I think we are finally going to get the house we want at a reasonble (not basement bargain) price. Of course we had the time and we never stopped looking.

56 posted on 01/11/2011 7:59:54 AM PST by SeeSac
[ Post Reply | Private Reply | To 50 | View Replies]

To: FromLori

That is for HAFA qualified properties. Not for the general short sale.


57 posted on 01/11/2011 8:04:11 AM PST by SeeSac
[ Post Reply | Private Reply | To 53 | View Replies]

To: HereInTheHeartland
Not sure what you are saying, but your info about letting someone who works for the bank purchase that banks foreclosed or short saled property is inaccurate.

I understand your response if taken in context but for clarity, the bank has every right to purchase the property at auction.

58 posted on 01/11/2011 8:06:21 AM PST by SeeSac
[ Post Reply | Private Reply | To 55 | View Replies]

To: hsmomx3

Can your parents pay the amount in arrears? Then you could sell the house to them and buy it back with a rent to own deal?

I’m sorry you’re facing this situation.


59 posted on 01/11/2011 8:09:02 AM PST by old and tired
[ Post Reply | Private Reply | To 1 | View Replies]

To: hennie pennie

They may put up some speed bumps for the bank but they will never get the bank to ‘go away’ and let you live in the house for no payments.


60 posted on 01/11/2011 8:16:44 AM PST by SeeSac
[ Post Reply | Private Reply | To 17 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-8081-92 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson