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Forums » Short Sales » Questions about negotiator

Questions about negotiator Subscribe to Questions about negotiator

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Real Estate Investor


I am new to the forum so would like to take the time in my first post and thank everyone for sharing their experiences. I have contacted a real estate agent in NY and he has a large amount of short sales but has told me a few things which I have never heard of before.

1) First he has claimed that the banks will not negotiate the SS file with anyone except for a Realtor, lawyer, or ho which I know to be true for California and Florida. Is there any truth to that?

2) Second he has tried to convince me that it is not possible to do a double closing in NY due to the chain of title regulations and that the bank will not let this happen. (I am not referring to BoA line 10 or anything like that)

3) Lastly he claimed that my option contract was illegal and would not be recognized by both the banks and the title companies?

With all that being said I have been negotiating and successfully closing SS in NJ for 2 years now and have run into certain instances where 2 occurs and the deal falls apart. I have run into three in the context of the option contract not being recognized as the bank required I be the "Owner of Record". 1 I have never had a problem with.
If anyone could offer some clarification it would be appreciated as I would like to start doing some NY deals as well as NJ.


SFR Investor · Scottsdale, Arizona


Originally posted by Fred Forgione
I am new to the forum so would like to take the time in my first post and thank everyone for sharing their experiences. I have contacted a real estate agent in NY and he has a large amount of short sales but has told me a few things which I have never heard of before.

1) First he has claimed that the banks will not negotiate the SS file with anyone except for a Realtor, lawyer, or ho which I know to be true for California and Florida. Is there any truth to that?

2) Second he has tried to convince me that it is not possible to do a double closing in NY due to the chain of title regulations and that the bank will not let this happen. (I am not referring to BoA line 10 or anything like that)

3) Lastly he claimed that my option contract was illegal and would not be recognized by both the banks and the title companies?

With all that being said I have been negotiating and successfully closing SS in NJ for 2 years now and have run into certain instances where 2 occurs and the deal falls apart. I have run into three in the context of the option contract not being recognized as the bank required I be the "Owner of Record". 1 I have never had a problem with.
If anyone could offer some clarification it would be appreciated as I would like to start doing some NY deals as well as NJ.




1) He's an idiot. Tell him I said so or gimme his number and listen to me tell him he's an idiot.

2) possible, but based on #1, I'd say he's still an idiot and doesn't have a clue. Since I'm not doing any business in NY, I couldn't actually verify his level stupidity.

3) option contracts are not illegal. Some banks do refuse to allow them but it is what it is. I personally use state approved realtor contracts but I do them a little different than a lot of people.


If you're looking for someone to negotiate your shorts for you, the last thing you want to do is consider an agent to do it for you. Find (and there are a few excellent ones right here on BP) a real negotiator to handle it for you as an investor.

lastly, excuse my tone, I'm tweaked out on Rockstar :) my drug of choice these days.


Real Estate Investor


No your tone is appropriate and I am inclined to agree with you. I am just concerned about picking up a deal in NY and not being able to do a simultaneous close as all that extra time costs $$$


Real Estate Lender · Chicago, Illinois


Nick is right on about all his answers.

Do not let a realtor negotiate for you.


Private Money Lender · Denver, Colorado


Nick is right about not having a realtor negotiate, except he should have said "Never Ever". There are issues with same day closings in New York. I am working on a possible solution and have sent a Colleague Request.


Real Estate Investor


Well then my last question would be what exactly are those issues and who is the cause for them?


Private Money Lender · Denver, Colorado


I am not 100% clear, but title companies are wanting the first Deed recorded before moving on to the second transaction. I am trying to get my hands on a specific contract that has eliminated this requirement. However, I am hearing that title may now not be liking this contract. Trying to get in touch with a specific law firm, and if I find a solution I will post here.


Real Estate Investor · Kalamazoo, Michigan


I'm finding the problem is not so much with the title company, but more with the B-C lender wanting the first deed recorded before moving on with the second transaction. Some are also requiring the 2nd sales agreement must be dated AFTER the first closing. This slows it down even more.


Real Estate Investor


So basically looking to do more short sales in NY would be more of a headache than just picking up more leads in NJ. Obviously these are problems that can be overcome by just holding the A-B for the "seasoning period" before doing the B-C but than the increased risk and time value of money rears its head.

Thanks for the good advice on this subject.


Real Estate Investor · Kalispell, Montana


Originally posted by Jackie Patterson
I'm finding the problem is not so much with the title company, but more with the B-C lender wanting the first deed recorded before moving on with the second transaction. Some are also requiring the 2nd sales agreement must be dated AFTER the first closing. This slows it down even more.


Are you just talking NY or across the board?

Residential Real Estate Broker · Orange County, California


Now, I am a newbie to the investment side but have been involved in a few short sales in California. From my experience, you do NOT have to be a Real Estate Agent/Broker or Attorney to negotiate a short sale. Many former mortgage brokers, transaction coordinators, processors, etc have all negotiated short sales. I haven't heard of a bank refusing to speak with a negotiator because they are not a real estate agent or attorney.

Updated: 06:37AM, 07/22/2010

I stand corrected and wanted to correct my post. I did some further research in CA and it does appear as though the negotiator must be licensed by the DRE or some attorneys may be able to do it as well but there are more specific stipulations. Perhap

Updated: 06:38AM, 07/22/2010

Perhaps they were working in a company for a licensed broker...




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