Monday, August 29, 2011

Why Are They Still Foreclosing When You Have a Short Sale Contract?

Bank of America short sale

One of my short sale sellers called me confused the other day.  We had his Santa Rosa Beach Florida home under contract as a short sale.  The mortgage holder, Bank of America, had approved the sale recently, and we were moving toward closing.
"Why is Bank of America still sending me letters threatening foreclosure of my Santa Rosa Beach home?" he asked, "They've approved the short sale!"

Why would they?  I emailed Bank of America to get their official response. Here is what they said:

f the loan is delinquent and has entered the foreclosure process it continues, if a sale date occurs while we are working on the short sale we can request postponement from the investor but there is no guarantee of approval. "
What does this mean?  "Sale date" means foreclosure sale date.  Bank of America says they don't stop the foreclosure process automatically if a short sale is approved.  Well, why not? Here is why: What if the buyer's loan is denied? What if the buyer doesn't close? What if the seller changes his mind? There are a lot of reasons why a short sale, or any property, might not close.  If Bank of America stopped their foreclosure process for every instance of short sale approval (or even short sale contract), they would surely lose time waiting for a sale that might never happen.

What is the upside of Bank of America and their investor's policy? They normally will postpone a foreclosure sale within a few days of short sale closing, but not always.

What should you, as a Santa Rosa Beach Florida homeowner, do when you are facing foreclosure?  There are many options available. You can ask your lender for a loan modification, forbearance or a repayment plan.  If that is not possible, and you cannot keep your home, there are different types of short sale programs that might work for you, for example: HAFAFHA Preforeclosure, Bank of America Co-Op, VA Compromise Sale and many more.  Be sure to consult with a Florida real estate attorney and hire a Santa Rosa Beach short sale agent.  You may be able to avoid foreclosure, and rebuild your financial position and your life more quickly than you think.
It's Wendy!
Wendy Rulnick, Broker, Rulnick Realty, Inc.
Call toll-free 1-877-487-9639 or local 850-650-7883 ext 204
Email Wendy: [email protected]

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