It has been estimated that 40% of all current real estate sold nationwide is distressed (REO or Short Sale). Given that there are so many of these properties in our own markets, it is important that we stay informed, specifically on the ever-changing short sale process.
Working as a team
The good news about having dealt with so many short sales in the past few years is that Realtors, title companies, and lenders are working better together as a team to expedite the process.
The process has improved slightly, but has not gotten a whole lot quicker. As lenders continuously put new procedures in place and the volume of these sales continues to increase, short sales are still running on average 3 to 6 months.
It is important to consider the advantages of working with a title company when negotiating a short sale. By utilizing the resources that our title company partners provide, you can recover some of your own time and reduce the liability risks for both yourself and your clients. Remember that you do not have to stand alone in this process.
Protecting everyone’s interests
Short sales can be a great opportunity for your client, if they are handled carefully. Here are some reminders and a recent change in the process:
Deed restrictions Agents need to communicate to their buyers that if there are deed restrictions on the property being purchased in a short sale, that many lenders are now requiring a 30 to 90 waiting period to re-sell the property. Freddie Mac specifically requires a 120 day waiting period.
Arms-length transactions Realtors need to require their sellers to be up front about selling their distressed property to relatives, friends or anyone they have known prior to the sale. The Realtor also has to disclose any relationship he may have to the buyer or seller. Failure to fully disclose these relationships can result in a fraudulent transaction. A short sale amongst parties that know each other can be approved in some cases, with full disclosure.
Short sale affidavit changes:
Finally, in response to requests form NAR and the American Land Title Association, Freddie Mac recently revised its mandatory short sale affidavit policy on November 18th, 2011. These changes were made in response to concerns over vague language in the previous affidavits which possibly put those signing at risk for liability.
(From the NAR website): “The purpose of the affidavit is to prevent fraud by requiring the buyer, the seller, the real estate brokers, the escrow/closing agent, and any transaction facilitator to make various certifications (including that the short sale is an arm’s length transaction and the buyer will not resell within 120 days unless there are substantial improvements). Servicers are required to implement the changes by Jan. 1, 2012, but are encouraged to do so immediately. Each servicer covered by the policy must update its forms to comply with the revised policy.”
To view more information on the changes, go to: Realtor.org.