Short sale to family member! Need help

Short sale to family member! Need help

Linden, NJ · Member since 2016 · 13 posts · 0 votes
What's going on PB community!! Unfortunately, my parents have dealt with unfortunate events and they haven't paid the mortgage since January 1, 2017 (today is 9/26/17). They received a short sale notice. I am a listed realtor since April and I have not dealt with short sales. I read the arm length addendum, so I can't buy the property since I am a family member. My question is, can I buy the property under an LLC at a discount and resell it? Also what if, my girl friend (which we are planning on get married in 2 years) buys the property under her name and sell it for market price. I'm looking for a loop hole but I do not want to preform mortgage fraud. Or is there any other option. Or even it's a two family house, can I live in the property for 2 years and sell it and not pay capital gains taxes? I appreciate the feedback in advance
0Reply
38 views

Most Popular Reply

Rod HanksBusiness Member
Insurance Agent · Dallas, TX · Member since 2013 · 743 posts · 462 votes
9y

A loophole IS mortgage fraud! It's not worth it and if someone tells you how to get around it RUN fast.

Rod Hanks Insurance4.9155 Reviews
See this reply in the discussion

8 Replies

Jump to latestLatest
  • Rod HanksBusiness Member
    Insurance Agent · Dallas, TX · Member since 2013 · 743 posts · 462 votes
    9y

    A loophole IS mortgage fraud! It's not worth it and if someone tells you how to get around it RUN fast.

    Rod Hanks Insurance4.9155 Reviews
  • Linden, NJ · Member since 2016 · 13 posts · 0 votes
    9y
    @rod hanks will do. Thank you
  • Jennifer KinzlePro Member
    Real Estate Agent · Elgin, IL · Member since 2015 · 100 posts · 41 votes
    9y

    Arm's length means exactly that, so I wouldn't risk losing your license or your RE business over it. No family member can purchase the property, LLC or otherwise. The bank will seek full market value and pull an appraisal when the property is put on the market for sale. Your girlfriend might be able to purchase it, but as you've already stated, that's a conflict of interest and could be fraud. Realtors need to be extremely careful and use full disclosure. I would discuss it with your parents and an experienced, local, short sale realtor, and you might be able to get a referral fee. Good luck!

  • Investor · Los Angeles, CA · Member since 2012 · 1k+ posts · 500 votes
    9y

    If there is an arms length agreement or that verbiage and if the servicer sees that they will deny the short sale / flag the buyer from purchasing the home. The banks ask for operating agreements of entity's. Most servicers have an arms length but I feel I've seen some that don't. For example reverse mortgages can be sold to heirs. 

  • Real Estate Broker · Jacksonville FL & Middletown, CT · Member since 2008 · 1k+ posts · 633 votes
    9y

    On rare occasion I see random investors not asking for an arms length agreement. Do you know who owns this loan ( the investor - not the servicer)?

    However 90% of the time one will be required. Its just not worth it to try to skirt around that issue.

  • Chris SeveneyBusiness Member
    Moderator
    Investor · VA · Member since 2015 · 21k+ posts · 19k+ votes
    9y
    Dawid Surowiec I do not think the bank would let you list it or be in any way involved in the transaction So the house is upside down AND they have not paid. Also be aware banks are not as lenient as they were during crisis and if this is in a deficiency state I have heard they are going back after borrowers for that deficiency. If they want to keep the house as the bank for a loan mod or have them file Ch13 BK
    7e investments53 Reviews
  • Real Estate Agent · Cupertino, CA · Member since 2016 · 4k+ posts · 1k+ votes
    9y

    You can not list the property whatsoever.  You are done as a realtor. As for her making an offer there are still constraints. The ss used to have ~30% chance to get accepted. Bank or bulk can buy the property even it has solid cash ss offers on it. Many lenders just hoard the properties until they can make more $ often to another bank. Assuming she can be considered as a successful owner, she will decide who can move in her own home since she used her own funds to purchase it. 

  • Chris MasonPro Member
    Moderator
    Lender · CA · Member since 2015 · 9k+ posts · 10k+ votes
    9y
Join the conversationCreate a free account to reply, vote on answers and follow this thread.