Latest News on the "Short Sale" front

A while back I wrote a piece on the advisability of "short sales," with a reference to TMG West and its principal Bill Gordon.   Wanting to stay current  on the subject I called Bill the other day to see how things in that segment of the market were going, and it turns out that the news isn't great.

Instead of getting easier, short sales seem to be getting more difficult to get done.  According to Bill's experience, some lenders (Ocwen Financial, for instance) are reported to have instituted policies halting them altogether, while still others, like Countrywide, have restricted the review process to the last few days before the completion of the foreclosure sale itself.

To me the most telling news of my phone conversation with Bill is that his company has stopped doing them altogether.  They're just too hard to get done and more often than not they wind up wasting everyone's time. 

For those who are unsure of what, exactly, a short sale is, just today there is an article in the Philadelphia Enquirer describing the process.  It doesn't say much as to whether these things make any sense, but it does give you some of the basic info. 

My own spin on whether they are worth the effort to even attempt is that it depends.   On who the lender is.  On what the difference between your loans and the value of the property.  On whether the property is a principal residence, second home or investment vehicle.  On what the rest of your financial condition looks like.  On whether you stand to gain anything or whether the risks outweigh the benefits.   

Be careful of short sale boosters.  But then that goes for anyone in this market who advocates a one size fits all remedy to a distressed real estate asset.  There is no single solution...except for a market turnaround. 

Are "short sales" worth the hassle?

The latest craze around these parts--at least with stressed out under-water homeowners and under-employed residential sales agents--is the "short sale."  A short sale is nothing more than a sale of a piece of real estate for less than the amount of the total debt secured by it. The concept is attractive, though the reality is significantly less so.  Whether it's worth the hassles and heartburn is going to depend on your particular situation. 

However, assuming you've decided to actually go through with trying to do this, here are some thoughts and cautions...

First of all, I don't take any credit at all for the following advice and observations.  They come from a recent seminar I attended hosted by Fidelity National Title in Novato, at which the guest speaker was Bill Gordon of TMG West.   Although based in Burlingame, California, TMG's website indicates that they're doing these all up and down the West Coast.  Bill gave a seminar to a group of brokers and sales agents recently and he knows his stuff.  He was kind enough to allow me to attend, and was even patient with me when I couldn't keep my mouth shut a couple of times.

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What's the point of contracts?

Flipping through Donald Trump's book The Way to the Top: The Best Business Advice I Ever Received I came across this provocative bit from former Vail Resorts CEO and Chairman Adam M. Aron.

As much as possible, deal only with good and honorable people.  If you deal with good people, you won't need a contract, and if you deal with bad people, no contract can protect you.   Don't worry about contracts.

Really?  That's pretty radical advice from a guy who was the Chairman and CEO of one of the most successful real estate/resort development and management companies in history.  A "real life" CEO and real estate pro telling people to fire all the lawyers and shred all the contracts.  All you need to do is deal with "good" people and you too can become CEO of Vail Resorts.   

Did he really say that? Is it really possible or even desirable to avoid having to deal with contracts? Well, in the real estate world, the answer is a resounding "No." There is no good at all that can come from following this advice.  Why not? 

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