Why Short Sales Fail

When short sales work, they can provide homeowners with an extremely efficient solution to foreclosure. After all, everyone is relatively happy in the end: the bank gets the foreclosure off their books, the homeowners get to avoid sheriff sale and eviction, and the new buyer gets a house for a deal. Often, though, banks have the most to lose from from a specific short sale but are the very party that sabotages the process.

With houses falling into default in such large numbers due to the subprime crisis and decline in property values, banks seem to have become paralyzed about attempting . They turn down reasonable offers only to be forced to foreclose on the house and then list it on the open market for a price even lower than what they were offered for the short sale.

Mortgage companies are turning down deals that would get them some money to pay off these foreclosed loans and help their clients who can no longer afford the payments. Instead of jumping on such offers, the banks spend more money on their local attorneys to foreclose and then on local real estate agents to sell the property. In the end, they lose even more when property values decline and homeowners damage the houses, so they have to list the properties for even less than they were originally offered.

Banks are shooting themselves in the foot in order to avoid helping any of their clients through the use of a short sale. They know all of the risks of homeowners going into foreclosure: property values decline due to a glut of homes on the market, homeowners may take revenge on the house, court costs and attorneys fees will be paid out of pocket by the banks, and so on. These banks were so responsive to the housing market when creative loans were all the rage, yet they are unable to respond to the fallout of these flimsy excuses to give anyone who could operate a pen a mortgage.

Simple incompetence does not explain this failure by the banks; corruption, criminal activity, and a wealth transfer are far more likely. First of all, the banks would have no reason to request after from the federal government if they were actually helping to alleviate the mortgage crisis. By turning down short sales, banks do not have to take a 15% or 25% or higher loss on the loan -- they can let it go into foreclosure, then trade that mortgage debt at face value for US Treasury securities.

Even with the homes being offered for less than the bank could have gotten from a , the lack of available credit will make purchasing a home more difficult. With so many properties on the market, buyers will not have to settle for damaged, abandoned homes in suburban ghost towns, and they will not be able to get a mortgage to finance the purchase anyway. Property values will have to decline even further and banks will take less on these houses if they ever sell.

One thing is almost guaranteed: the banks are setting up for another , such as the one used in the , but on a much larger scale. Foreclosures are piling up while money is being directed into the Government-Sponsored Enterprises like Fannie Mae and Freddie Mac, which are also in serious trouble due to the foreclosure crisis. Is the unwillingness to help homeowners use short sales a part of the plan to pump and dump the GSE's and transfer even more public and private wealth to prop up the increasingly insolvent banking system?

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Posted by  Luci Jones  
on May 16, 2008, 1:11 am
I am a retiree and have a 1st and 2nd mortgage. I recently had about 10 hardships and my home in in foreclosure. I put it on the market as a Short Sale at $248.000.00 and had an offer for $150,000.00 and were to by Citi Mortgage to ask for another $20,000.00 and did and the buyer said YES. Now am up to $170,000.00. I owe $153,000.00 to Citi Mortgage primary and $74,000.00 to Comerica Bank second mortgage. Citi Mortgage only want to give Comerica $3,000 dollars and they said no. I am schedule to close May 30, 2008 and Citi Mortgage called the deal off. Now my home is going to a sheriff sale. I am a retiree with many hardships and no job on a fixed income. I am moving out because the buyer wanted the house and I have put a deposit on a apartment and signed a contract, because I can't afford the house anyway. Not enough income and not in good health. Please tell me what to do the 2 mortgage is trying to make me pay the difference between the $3,000.00 which is $71,000.00. I told them this was a home equity loan to invest in the property. The property were purchased at $69,000.00 24 years ago with many needed repairs. My husband passed away and I am a retired widow. Where can I send a letter to in Washington D.C. to get someone involved in this, because a DEAL IS ON THE TABLE NOW.

Thank you
Posted by  Maria  
on May 19, 2008, 8:07 pm
We owe $146,000 on our home with two mortgages. We got an offer for $128,000 which we accepted. However, our bank turned it down, even though we said we would make up the difference over time if they treated the rest as a loan. Anyway, we no longer can make the debt payments and our mortgage will probably go into foreclosure. Their fault.
Posted by  Nick  
on May 26, 2008, 10:21 am
Sorry to hear about both of your stories. The banks are shooting themselves in the foot if they think they'll get more money in the long run by turning down a short sale. These properties are ending up deliberately trashed or neglected by the time of the eviction, and need to be listed on the open market for even less than they were offered on a short sale.

It's too bad the lenders don't try and work with their homeowners a little more closely on short sales. But if they actually did something to help the foreclosure crisis, they wouldn't be able to go to the Fed or the government and ask for more bailouts and handouts.

I'm not surprised but a little disheartened to see these banks turning down short sales of just a few tens of thousands of dollars. They'll lose far more than that in the long run on these foreclosure properties.

Nick
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