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Forums » Short Sales » Bank of America Revises Short Sale Policy

Bank of America Revises Short Sale Policy Subscribe to Bank of America Revises Short Sale Policy

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Real Estate Investor · Camano Island, Washington


Bank of America, one of the country's largest mortgage lenders, says it is loosening its policies on short sales in response to the U.S. Treasury Department's announcement last week that it would increase incentives for lenders to work out short sale deals.

The government's plan is a boon to banks, says David Sunline, BofA's real estate management executive, because it provides guidance when there are multiple liens, a potentially litigious issue for lenders.

In the past, the bank followed Fannie Mae's policy of giving second lien holders about 10 percent of the second mortgage balance in a short sale. Now when it holds the second lien, BofA will accept 5 percent of the net proceeds of the short sale, Sunline says. When it is the first lien holder, it will offer 5 percent to the holder of the second lien.

Sunline says home owners considering short sales should contact the bank within five days of getting an offer on the home and expect its cooperation as long as the offer is within the range of other sales in the area and the borrower can demonstrate financial hardship.

Source: The New York Times, Bob Tedeschi (05/15/2009)


SFR Investor · Scottsdale, Arizona


Well That's good news



Yes, that is good news, even though Im posting this reply 4 months after the initial post. Im working one now that is a BofA / Countrywide mortgage.
Hopefully, things are loosening up a bit by now. I wont hold my breath though.


Real Estate Investor · Bay Area, California


We're not having good luck on BofA seconds...AT ALL.


SFR Investor · Scottsdale, Arizona


H Mann, I know you haven't been doing this very long at all but why are you having so much trouble with BofA 2nd's?

are you working with someone experienced in short sales? How many files are you working now with BofA as the 2nd?


Real Estate Investor · Bay Area, California


Nick, yeah...I'm working with a fairly experienced negotiator.

Actually I shouldn't have said "seconds."

There's one property where we have the approval from BofA on the first, and the 2nd was originally with GreenPoint, now BofA.

We've been basically waiting on the approval on the 2nd for a while...and the negotiator at BofA who approved the first said:

"I'm going to close this file, because you'll be 65 years old by the time the 2nd is approved. Bank of America is NOT approving seconds at all right now."

Not to mention, we are having a hard time getting decent approvals on BofA/Countrywide firsts.

We offered 295k on another property, and BofA countered at 320k. The property can sell for 345k, but after escrow fees and transactional fees...there isn't much profit.


SFR Investor · Scottsdale, Arizona


Welcome to the sexy world of SS H Mann.

I would tell your 'fairly experienced' negotiator to pound sand if you're having so many problems right away.

If BofA is the first and the 2nd on this file, you shouldn't have any problems other than BofA is just a PITA all together.

Also, your 'other' offer was waaaay to much for that property and you shouldn't be surprised at the outcome. What you'll need to do now is back away and allow the listing agent(if there is one) list it for the seller. The last thing you want to do is screw over a homeowner b/c you can't make a profit.

Consider it a lesson learned that you still have a lot to learn and move onto the next one. Again, welcome to SS's it's not as fun as you thought was going to be is it?


Rehabber · Tucson, Arizona


Originally posted by H Mann
Nick, yeah...I'm working with a fairly experienced negotiator.

Actually I shouldn't have said "seconds."

There's one property where we have the approval from BofA on the first, and the 2nd was originally with GreenPoint, now BofA.

We've been basically waiting on the approval on the 2nd for a while...and the negotiator at BofA who approved the first said:

"I'm going to close this file, because you'll be 65 years old by the time the 2nd is approved. Bank of America is NOT approving seconds at all right now."


Not to mention, we are having a hard time getting decent approvals on BofA/Countrywide firsts.

We offered 295k on another property, and BofA countered at 320k. The property can sell for 345k, but after escrow fees and transactional fees...there isn't much profit.



BOA is approving 2nds, I just got one. It was not with Greenpoint and I have never dealt with them, so I cannot say for sure if your negotiator is able to work through it.

You need a strategy for getting seconds to approved quickly.

For myself, I will send in two seperate HUDs. One for the the first where I am requesting a payoff to the second for 15% of the principal. And, on the HUD I submit to the second, I request a payoff approval for 5%.

When the loss mitigators are negotiating the terms, they need to show their supervisors that they are improving their net. If your able to counter and build on your initial offer, it makes the negotiator look good. You'd be surprised how well this works!!

As for the lender's initial counteroffer, you need to be countering and re-countering until they call the police on you for harassment. I feel bad if I do not counter at least twice. And, usually will counter at least three times. If your negotiator is telling you this is the lowest they can go, they are bluffing. If you counter, you need to be able to justify your numbers. Countering without support will get you nowhere quick.

BOA is a pain in the arse, but not for the reasons you stated.

Class is dismissed!!

Scott


Rehabber · Tucson, Arizona


Originally posted by motiv8td


Also, your 'other' offer was waaaay to much for that property and you shouldn't be surprised at the outcome. What you'll need to do now is back away and allow the listing agent(if there is one) list it for the seller. The last thing you want to do is screw over a homeowner b/c you can't make a profit.

Consider it a lesson learned that you still have a lot to learn and move onto the next one. Again, welcome to SS's it's not as fun as you thought was going to be is it?


Nice to see a fellow investor serving and protecting. Vote for you!

Real Estate Investor · Bay Area, California


Nick & Scott, thanks for the input.

Nick...you're saying that 295k is "waaaay too much" for a property that's worth about 345k?

What would you have offered?


Residential Real Estate Agent · Orange County, California


I'm still new at this, but from what I've seen, initial offer price is generally 50-60% of ARV minus repairs.

So using your example, if you think ARV is 345K, then:

345K * .6 = 207K

You didn't mention any repair estimates, so I'll assume say 20K.

207K - 20K = 187K

So 187K should have been your initial offer price. Obviously the bank will almost always reject this offer but at least it gives you some negotiating room.

I'm sure that someone with more experience can expand on this more.


Rehabber · Tucson, Arizona


Originally posted by H Mann
Nick & Scott, thanks for the input.

Nick...you're saying that 295k is "waaaay too much" for a property that's worth about 345k?

What would you have offered?



Although you did not ask me, I thought I would chime in here. It does not so much matter where you begin so long it is far below where you want to end up.

For instance, let's say the property is worth $345K ARV (after repair value). Because your trying to flip to cash or conventional buyers, a limited pool of buyers, you will need to discount your property by ten percent. You need to factor in commissions 6% (if retail), transactional funding and two sets of closing costs (A to B plus B to C) another 5%.

In my estimation and if your using a retail flip, your breakeven point is:

$310K (345K FMV less 10% discount)
less: 19K for 6% commissions
less: 5K for two sets of closing costs
less: 6K in transaction funding
Your breakeven point is $280K. Even if you do not use a retail flip scenario and do not pay commissions, your breakeven point is $300K. Not considered in this sceanrio is repairs, staging, seller incentives, appliances, etc.

You need to know the following:

1. Fair Market Value
2. Quick Sell Value. (What other distressed comparable properties have recently sold for) This will be your future sales price.
3. Your transactional costs.
4. Costs for Incentives (retail)

Working these numbers will be your breakeven point. Unless your lender comes in under this threshold, you have the listing agent find a buyer other than you. If the lender comes in under this point, then you should be able to work a deal.

Most short sale investors will start at 50 to 65%, probably a good place to start.
But I digress.

Scott



Real Estate Investor · Ocala, Florida


Here is how we do what we do:

1st Offer is about 10% of FMV.
2nd Offer (Counter to lender) is FMV- Repairs * 50%. We include the sexual preditor map for the area and comps.
3rd Offer (Another Counter to lender) is FMV- Repairs* 55%. We include estimated repair costs.

IF we need more offers, we include more info each time. All the while justifying our numbers.

Hope this helps.


Real Estate Investor · Bergen County, New Jersey


Originally posted by crosswind_


1st Offer is about 10% of FMV.



So on a $200,000 FMV property, you'd offer $20k at first? If so, the banks respond do this offer and don't just reject it completely?

SFR Investor · Scottsdale, Arizona


did those answer your question H Mann?

as you can see there is a million and one ways to submit offer prices but the only thing that is important is that yours were waaaaaay to high.

again, tell your 'fairly experienced' negotiator to pound sand or expect failure around every corner. If your 'fairly experienced' negotiator gets offended by you then send them my way and I'll tell them why they(he or she) sucks LOL!!!

I know you're still new at this and you've got some great minds giving you invaluable info(Scott, James and myself of course) it's probably a good idea to listen ;)

good luck to ya


Real Estate Investor · Bay Area, California


I will make a MUCH lower offer on the next property.


Real Estate Investor · Ocala, Florida


Robert,

Yes, my fist offer on a $200,000 property would be around $20,000. (It would be alittle different, cause I do not like whole numbers like that.)

I have and will have lenders question that offer. I have NEVER had a lender out right refuse to deal with us. But this does get the "ball" rolling.

*(not to mention I once bought a house for about 10% of FMV!)

But, Nick is right- there are MANY ways to get to the same place. But we all have one thing in common. We buy low!


Real Estate Consultant · Savannah, Georgia


H Mann,
You're 1/2 way there. Just go back to the bank with a lower offer. Justify by time, deterioration, repairs, vandalism, low comps in the area, etc, etc, etc.
That should make them step back and say, Crap, what were we thinking?

If you've got an end buyer, and you're making some profit, that better than none if you walk. You're 30 days away from approval.
~Mitsu


Rehabber · Santa Clarita, California


You're 30 days away from approval
And then your 30 days away from selling too as B of A will most likely have a stipulation stating you as the buyer, may not re-sell the property for 30 days, leaving you with a problem.

Of course I may have the answer to that problem! :lol:

Small_barnardenterprisesWill Barnard, Barnard Enterprises, Inc.
E-Mail: info@barnardenterprises.com
Website: http://www.barnardenterprises.com
info@barnardenterprises.com


Residential Real Estate Agent · Orange County, California


Originally posted by nationwidepi

Of course I may have the answer to that problem! :lol:


Hi Will, I am interested in that answer. Care to share?



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