All Forum Posts by: K Murray

Ok, REALLY long story, won't bore you with the details...just he facts. Short sale purchase for primary residence, rec'd bank approval (relators agrees to take 5% instead of 6%), tilte work came back with IRS leins. Homeowner attorney is working iwth IRS to move then to homeowner's 2nd property. Whie this is going on, my attorney informs me that if the hose does not close by the bank deadline (we are ready, just waiting on lein removal) that the realtors take a second commission cut, down to 4%. The realtors claim that they never agreed to this part (it is in the short sale contract) and will kill the deal entirely if this happens.
Haven't spoken to attorney yet, but will.

So question....Can they do this? Do I have any recourse? I realize that they are playing chicken and want me to come up with the money, but no go. So just looking information and advice.

Thanks, you guys really are the best information that I have and I dfon't want to go to the attorney unknowledgable.

callie

Hello All,

I have spent the past three weeks reading all of your posts, and I am out of my league,lol. I have a couple of questions, very basic and was wondering if you could spare a moment or two of your time...

I have an offer on a short sale (MLS) to be used as my primary residence. Seller claims to be motivated, but 6 weeks later, he is still collecting his paperwork, should be in this week (heard that before). He has offered us the opportunity to move into the house, vacant for about 10 months, rent free. We have turned down his offer. He keeps telling us that he doesn't want to hold up the process. I realize that this might not got through, we have time to wait, but will not wait forever. I know that this will be my downfall.

There is one mortgage and it is with Bank of NY Mellon. How are they with turnaroubd time, from completed package to decision. Our offer puts the bank at about 70% return on their mortgage. In speaking to a colleague re: this situation (commercial real estate) she assures me that this is well within industry norms because the bank really doesn't want to own and she forecloses on collateral assets (held by banks) all the time and they have a tendency to play chicken with her. They assume that the she doesn't want to own it, because they don't, but her company has the ability to maintain and hold the distressed properties until a time when they can sell them for cash.

So I guess my main questions are regarding Bank of NY Mellon and their turnaround time. And if anybody has worked with them in the past. And anything else you can provide for me. My realtor and attorney are well versed in short sales, it is the agent for the seller that doesn't seem to want to push his client. My agent is coaching him. She is really working for her commission.

Thank you in advance for your time and consideration to my situation,

callie