Why Are They Still Foreclosing When You Have a Short Sale Contract?

Bank of America short sale

 

 

One of my short sale sellers called me confused the other day.  We had his Santa Rosa Beach Florida home under contract as a short sale.  The mortgage holder, Bank of America, had approved the sale recently, and we were moving toward closing.

"Why is Bank of America still sending me letters threatening foreclosure of my Santa Rosa Beach home?" he asked, "They've approved the short sale!"

Why would they?  I emailed Bank of America to get their official response. Here is what they said:

"I
f the loan is delinquent and has entered the foreclosure process it continues, if a sale date occurs while we are working on the short sale we can request postponement from the investor but there is no guarantee of approval. "
 

What does this mean?  "Sale date" means foreclosure sale date.  Bank of America says they don't stop the foreclosure process automatically if a short sale is approved.  Well, why not? Here is why: What if the buyer's loan is denied? What if the buyer doesn't close? What if the seller changes his mind? There are a lot of reasons why a short sale, or any property, might not close.  If Bank of America stopped their foreclosure process for every instance of short sale approval (or even short sale contract), they would surely lose time waiting for a sale that might never happen.

What is the upside of Bank of America and their investor's policy? They normally will postpone a foreclosure sale within a few days of short sale closing, but not always.

What should you, as a Santa Rosa Beach Florida homeowner, do when you are facing foreclosure?  There are many options available. You can ask your lender for a loan modification, forbearance or a repayment plan.  If that is not possible, and you cannot keep your home, there are different types of short sale programs that might work for you, for example: HAFA, FHA Preforeclosure, Bank of America Co-Op, VA Compromise Sale and many more.  Be sure to consult with a Florida real estate attorney and hire a Santa Rosa Beach short sale agent.  You may be able to avoid foreclosure, and rebuild your financial position and your life more quickly than you think.

It's Wendy!

Wendy Rulnick, Broker, Rulnick Realty, Inc.

Call toll-free 1-877-487-9639 or local 850-650-7883 ext 204

Email Wendy: itswendy@rulnickrealty.com

Santa Rosa Beach Florida Real Estate

Santa Rosa Beach Short Sales & Pre Foreclosure Help.

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Wendy is a short sale and pre-foreclosure specialist and has been featured in "Kiplinger Personal Finance Magazine" and "Florida Realtor Magazine". Call Wendy Rulnick, Broker/Owner, to list and sell your home or condo on the Emerald Coast of Florida in Walton, Okaloosa and Santa Rosa County- Destin, Santa Rosa Beach, Fort Walton Beach, Niceville, Bluewater Bay, Navarre, Seagrove Beach, Watercolor, Sandestin, Seaside, Crestview, Rosemary Beach, Mary Esther, Shalimar, Eglin AFB, Hurlburt Field. 

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Comments

Wendy, great title and good post as well!  Hopefully, the short sale will go through for you all. Keep us posted!

Posted by Sonja Patterson (RE/MAX Realty Center) 9 months ago

An interesting blog post that I enjoyed reading. Thank you for sharing it!

Posted by Real Property Management of Sarasota & Manatee 9 months ago

Wendy, geeze you wonder if they'll ever get it right. They approve a Short Sale and keep it on track to be foreclosed on too. Let's just see how much money they can throw away to add to the loss - no common sense whatsoever!

Posted by Lynn Pineda-Coral Springs REALTOR® Selling your South Florida home (Keller Williams Partners Realty) 9 months ago

Wendy

This is a great question to post and answer. Of course all that makes some sense, butwhat gets murky is getting an approval and then foreclosing anyhow. Hmmm. It's just another example of it not being over til it's over, whatever the end result might be. Great information for short sale sellers to be aware of.

Jeff

Posted by Jeff Dowler ~ Carlsbad Homes for Sale ~ 760-840-1360 (Solutions Real Estate (CA DRE Lic. # 01490977)) 9 months ago

Excellent explanation in a simple but yet a concise form! Please Sellers out there  use SHORT SALE SPECIALIST Realtors who hold the CDPE designation.

 

Posted by JM Padron, CCIM, CDPE, CRB, RE Broker Sunny Isles-Ft. Lauderdale-Doral-Weston (REMAX PREMIER-COMMERCIAL ASSOCIATES) 9 months ago

Sonja - Thank you- it will go through. This is a common practice - and we are closing in 2 weeks!

SaraMana - Thank you!

Lynn - I understand why they continue foreclosure procedings.  If they didn't, and the property did not close, they would be that much behind.

Jeff - You are right - it's not over until it's over! In any sale :)

JM - It is important to use an experienced short sale Realtor.

Posted by Wendy Rulnick "Its Wendy!" Destin FL Short Sales (Rulnick Realty, Inc.) 9 months ago

Many people do not understand that the show must go on--that banks continue toward foreclosure despite the fact that they are concurrently entertaining a short sale.

Posted by Melissa Zavala Realtor® North San Diego County Homes (Broadpoint Properties) 9 months ago

Wendy - This is a great article for not only our short sale sellers but buyers too.  The buyers are sitting on the sidelines hoping that the bank doesn't foreclose either.

Posted by Donna Bigda REALTOR® Greater New Haven CT Homes & Condos (RE/MAX Alliance) 9 months ago

Wendy, very informative on the short sale/and bank foreclosure procedures. We recently represent a seller on the short sale, and the foreclosure papers were still served even though we had a deal going.

Posted by Eileen Hsu 許小姐 Manhattan NY Real Estate (Prudential Douglas Elliman) 9 months ago

Sometimes working shortsales feels like a horse race! But it is so great when you get your client across the finish line. Great information - thanks Wendy.

Posted by Miriam Dillon, Realtor, in Rosemary Beach, 30A and South Walton, Florida (The Premier Property Group) 9 months ago

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