Foreclosure and Short Sale Pitfalls
Thursday, October 30th, 2008Looking to score on awesome foreclosures or short sales in Portland Oregon? Watch out for that middle-man fee!
Recently I had the pleasure of dealing with an interesting situation. This involved a pre-foreclosure property for sale in Beaverton. Although it was listed in the RMLS there were additional buyer “fees” involved I found out about after talking with the listing agent. Although additional “negotiation service fees”, or whatever you want to call them, are not too uncommon these days it is something to watch for and I’d be interested in hearing other’s opinions regarding ethics of such.
My example came when a buyer was searching houses for sale in Portland Oregon. He came across what looked to be a fantastic deal but was disclosed as a short sale (bank would have to approve sale price and deal with a lack of loan payoff). I found out from the listing agent that there was middle party involved with the seller who, apparently, had a contract for purchase (option to buy at a undisclosed price). This middle party wanted $15k to buy out the option and had no intention of actually acquiring the house. Purchase by my buyer could not move forward without getting this party out of the picture.
Justification for paying the $15k was “negotiation work done with the bank.” There was work done with the bank, yes, and they had come to an agreement with lien holders. OK, great. Was it $15k worth of work or just someone trying to make a quick buck off of a real estate transaction? Remember, this middle party had no intention of actually aquiring the property.
Here’s a rundown; Buyer writes the offer, seller approves, middle party approves, then it goes to the bank. Bank asks for a HUD 1 sheet (balance sheet more or less). Bank now sees that $15k of the purchase price is going to a middle party and essentially not only are they dealing with selling short of what’s owed on the loan but an additional $15k shortage. The bank has to potentially choose between selling short, foreclosure, counter offering, or relisting the property hoping for a better offer. What’s the most cost effective route?
Tough spot for the bank. They’re up against this situation more often than the general public realizes. Ethics conversations between people in our real estate industry are strong in regards to involvement of middle parties. Ulimately, as long as the buyer gets a good price for the house he shouldn’t care. It’s the seller/bank side that has to deal with distribution of sale proceeds. Many feel that it’s part of the listing Realtor’s job to deal directly and negotiate with banks, no middle party involvement. Points are made that middle parties are taking advantage of an already bad situation involving home sellers near foreclosure.
What do you think?
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