Can I wholesale a short sale in Chicago?

Can I wholesale a short sale in Chicago?

Investor · Chicago, IL · Member since 2016 · 10 posts · 1 vote

Hello BP Family, 

I have a meeting with a seller this week who things they need a short sale. Is it possible to wholesale a short sale or will i have to use transactional funding as a means of closing the deal? 

I believe the lender is HSBC and most short sale addendums say that that the conttacts cannot be assigned. 

Help me before I put my foot in my mouth . 

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Brie SchmidtBusiness Member
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Real Estate Broker · Chicago, IL · Member since 2013 · 6k+ posts · 5k+ votes
9y
Originally posted by @Tiauna Perkins:

Hello BP Family, 

I have a meeting with a seller this week who things they need a short sale. Is it possible to wholesale a short sale or will i have to use transactional funding as a means of closing the deal? 

I believe the lender is HSBC and most short sale addendums say that that the conttacts cannot be assigned. 

Help me before I put my foot in my mouth . 

correct. I have never seen a SS addendum that allows assignments. I have clients closing on one next week and the loan fell through so they are using a HML - The lender would not allow us to change the name on the original contract

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  • Brie SchmidtBusiness Member
    Moderator
    Real Estate Broker · Chicago, IL · Member since 2013 · 6k+ posts · 5k+ votes
    9y
    Originally posted by @Tiauna Perkins:

    Hello BP Family, 

    I have a meeting with a seller this week who things they need a short sale. Is it possible to wholesale a short sale or will i have to use transactional funding as a means of closing the deal? 

    I believe the lender is HSBC and most short sale addendums say that that the conttacts cannot be assigned. 

    Help me before I put my foot in my mouth . 

    correct. I have never seen a SS addendum that allows assignments. I have clients closing on one next week and the loan fell through so they are using a HML - The lender would not allow us to change the name on the original contract

  • Investor · Schaumburg, IL · Member since 2015 · 219 posts · 104 votes
    9y

    I just closed on a short sale in Sept. the lender prohibited us from reselling the property for 120% or more of the pirchase price for 90 days after closing. I do not recall who the lender was. 

    The only way I could think you can get around this is to purchase the property in a Corp. or LLC. and then have the buyer purchase the company. Not sure If that would work. I recommend you consult with an attorney.

    Ravi

  • Investor · Chicago, IL · Member since 2016 · 10 posts · 1 vote
    9y

    Thanks Brie and Ravi, 

    Ravi I heard this before in one of the BP Podcasts on how to simply sell the LLC. Starting out as a newbie this would cost me money but is a good technique thanks for mentioning it once again.

    I have sold short sales as a Realtor and do recall the "no assignment clause" but as you mentioned the sellers lender may make me keep the property for a certain amont of time. I would hate to get knee deep in this and have to back out ..soooooo I dont know which way I will go I might just turn it into a listing instead of trying to buy it as it appears to have a lot of red tape. 

    Thanks guys for walking though this with me. 

  • Attorney · Skokie, IL · Member since 2016 · 270 posts · 109 votes
    9y

    @Tiauna Perkins, I agree with @Brie Schmidt the Short Sale lender will not allow the parties to change the name on the Contract. 

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