I will take a stab at this - I have only a smattering of experience here so please feel free to correct / disagree with me.
Why? Trying to get a discount offer accepted or are you just trying to guess slightly under the REO price and tie up the property before it goes to REO invetsors ? Interesting but worth the wait / morass of incompetence?
• Are there secondary liens on the property which also need to be settled? If there is more than one secondary lien, I'd probably pass, as negotiations are too difficult.
- Why are you negotiating a short sale then? Difficultly means barrier to entry - you may actually get a good discount.
• Has the lender ordered a BPO or appraisal yet? If so, can we find out the amount, or ask if our estimated value is in the ballpark?
- If you were able to get this it would be fantastically useful but would you trust it? The bank / agent can tell you a BPO but that doesn't have to be the real one. How would you know they were telling the truth?
• What is the typical discount a lender will permit below the BPO price (assuming standard closing fees, agent commissions, and negotiation fees are being assessed)? As stated, there HAS to be a discount to induce a buyer to put up with the uncertainty of this process. Is it 10%? 15%?
http://www.howtodothings.com/finance-real-estate/how-to-determine-a-real-estate-short-sale-purchase-offer
Typically it's suppose to be :
FHA 82%
VA 88%
Fannie 90-92%
Freddie 92%
Conventional 80% - ?
There was that thread a while back about what lowball offers are getting accepted the average was 78% last I checked.
• Presumably an investor/agent could waive his portion and enjoy an advantage, just like with an REO, by yielding a higher "net" to the lender. Correct?
So you plan to tie it up and waiving a discount?
• Is the listing always "pended" when the seller signs an offer? Even if pended, is there a way for the LA to communicate to other buyers' agents that "yes, there is an offer but it's very low and probably won't fly. Get your backup offer in and you'll have a great shot." If that happens, I assume the LA is obligated to submit all such higher offers to the lender?
I assume it's still there so that you can. I asked about a SS and they told me that they were very far along the process with a buyer and had somebody in second place. So I think they can tell you if it isn't going to fly otherwise you are free to offer. It doesn't matter if somebody else made said " very low offer". You have a better chance if you put up a stronger offer say in terms of EMD, how you are financing.
• If $500 or $1,000 EMD is collected, is escrow always "opened", or is there some sort of short-cut process for holding the funds, given the uncertainty of the transaction closing. (I've read that only 20-25% of SS's close, versus 80% for conventional transactions).
I guess no. These are shunned for a reason. I think you'd want to put in more than that. Or do SS investors fish with low EMD and then step up if it looks like it will get accepted? (say the bank contacts them)
• If a buyer makes an offer that will net the lender less than their minimum, will they counter with their minimum (like HUD)? Or will they typically counter above the minimum to try to negotiate a larger amount if possible? Obviously, it's not in the best interest of the bank to play with the buyer too much and cause the SS to fail, if they can in fact get the minimum, especially considering the foreclosure clock that is ticking.
"Obviously, it's not in the best interest of the bank to play with the buyer too much and cause the SS to fail" Is this obvious to the bank? Sadly, I think they want to do the REO vs give you the best deal. The clock is ticking but if they will not make as much selling as a shortsale as an REO they'll do the better option.
• Is there a dollar amount (or % amount) that the SS needs to be better than a foreclosure price for the lender to approve the SS? IOW, how much might a lender assume a foreclosure will "cost" in terms of legal fees, carrying costs of a vacant property, potential vandalism, etc?
Depends on the lender I would say. Where is the house? How fast are REOs going?