Resubmitting short sale offer under different name

Resubmitting short sale offer under different name

Orlando, FL · Member since 2009 · 2k+ posts · 282 votes

I made a short sale offer in June, in the name of my LLC. The short sale was recently approved, but at $20000 higher than my offer price. I went up $5000 on my counter offer but the lender refused to budge.

The house has been relisted on the MLS, at the newly approved price. The same agent that put in the offer says we can wait a few weeks and resubmit the offer (this time in my name, instead of the LLC's), and that the bank won't have any idea that I made the other offer because the old paperwork will be purged from the system and the new offer will be assigned to a new negotiator. He says there is a chance they may approve it at my asking price this time if we try this.

My question is: can I get in any kind of trouble if the lender finds out somehow that I am the manager of the LLC that made previous offer? Is there any risk to doing this, other than tying up my EMD for another few months and possibly not getting approved at my asking price again?

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J ScottPro Member
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Investor · Sarasota, FL · Member since 2008 · 17k+ posts · 17k+ votes
13y

Agreed with Sandy. They may notice, but you're not breaking any rules/laws (that I'm aware of).

That said, I'm not sure why the agent thinks you need to resubmit in a new name. I would just resubmit immediately in the name of the same LLC. The bank shouldn't care...

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  • Member since 2009 · 155 posts · 41 votes
    13y

    I dont see any impropriety from either an ethical or legal perspective. You never had a contract. You merely had an offer to purchase and a counter offer. Even if the bank was somehow able to draw the connection between your entity and you what is the problem with that? That re-listed it on the MLS.

  • Residential Real Estate Broker · Pensacola, FL · Member since 2012 · 221 posts · 49 votes
    13y

    When you submit the new offer in your name, the seller's lender will still have your name in their system as the "managing member" of your LLC. I don't see any legal issue there, but there's a good chance they'll notice...but will they care? I doubt it. While I run a busy short sale department in my brokerage, I would never buy one. There are too many no hassle foreclosures in my area. If that's the case in your area, my advice would be to ignore short sales and buy foreclosures. Good luck.

  • J ScottPro Member
    Moderator
    Investor · Sarasota, FL · Member since 2008 · 17k+ posts · 17k+ votes
    13y

    Agreed with Sandy. They may notice, but you're not breaking any rules/laws (that I'm aware of).

    That said, I'm not sure why the agent thinks you need to resubmit in a new name. I would just resubmit immediately in the name of the same LLC. The bank shouldn't care...

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