Question: Want to Sell, but Not Sure How to Go About It.

Question: Want to Sell, but Not Sure How to Go About It.

Investor · Orlando, FL · Member since 2014 · 15 posts · 1 vote

I have a friend that owns a vacant rental home that she hasn't made a payment in years on and is in foreclosure status.  As her real estate agent, I've attempted to work with her and the bank to short sell it.  We've had several workable offers in my view, however, the bank or the buyers were not able to agree price.

Now, comes along the lender (out the blue) with an offer of a loan modification that reduces her principal significantly to a point where we can sell the home without having to go through a short sale.  But the problem is that she has to make her payments for a 3-month trial period and there is no guarantee that the bank will follow through with the initial terms given in their offer.

My friend doesn't want to make even the trial payments as she is close to retirement age and just wants to get rid the place.  My thoughts were to offer the home on a lease-option whereby the tenan-buyer could make a small option payment, then make a payment to cover her's to the bank and include a clause in the LO agreement that if the payment is adjusted by the bank, the the tenant-buyer's would adjust as well.  The only issue then is what if the bank fails to honor their own offer to her and then continues to proceed to a foreclosure sale?  

Any suggestions would be appreciated.

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  • Investor · Willow Spring, NC · Member since 2009 · 5k+ posts · 3k+ votes
    11y

    Be transparent to the end buyer. Spell it out, let the chips fall where they may. We in BP land have no idea if this is a good deal or not for buyer, seller, or lender. Since you are the broker, a deal is better than no deal... so if I were you I'd look to one of your short salers to try a buyout...

    If it doesn't work out, the bank forecloses and that's that.

  • Investor · Orlando, FL · Member since 2014 · 15 posts · 1 vote
    11y

    Thanks for the reply...

  • Investor · Central Valley, CA · Member since 2012 · 6k+ posts · 3k+ votes
    11y

    Be careful with any lease or option plan until after the trial period. It would be very unusual for the loan mod trial terms to not require that the property be the borrower's primary residence.  So, IMO, tenants and options are out.  Also be mindful that since you are an agent you do not want to be in the position of advising or assisting the borrower to do anything outside the specific terms and requirements of her modification. 

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