Our team processed a Ventura County Short Sale recently with a certain loan servicing company. The interesting part was that this loan servicer was hired by the investor, or owner of the loan to work on their behalf.In other words, the loan servicer was to look out for the loan owner's best interest.
Click here to discover how other sellers successfully did a short sale and avoided foreclosure.
Processing and approving a short sale will usually avoid future losses on a mortgage. Boston Consulting Group recently did a study on the difference between a short sale and foreclosure.
They found that a short sale dramatically reduces future losses when compared to a foreclosure.
Here is a real life example: One lender rejected a 385k short sale offer. The home was foreclosed upon and put up for sale. It sold for $230,000. We estimate the owner of the loan, Fannie Mae, lost $182,000.
We have seen this happen over and over again with short sale offers. The loan servicers drag their feet on processing the short sale. The home is later foreclosed upon and sells for substantially less.
But, we had never seen a loan servicer work against their customer / client's best interest. Until we saw a short sale approval letter come across our desk.
The loan servicer was asking for a $2,500 fee to be paid to them. If it wasn't paid they wouldn't approve the short sale.
I was shocked. "Aren't you required to work in your client's best interest?", I asked them.
The woman at the loan servicer replied, "Well, we checked it out with our legal department and the said it is ok." I don't really understand what she meant by "ok."
This company is not working in their client's behalf. The loan servicer actually has a fiduciary duty to do what is best for the owner of the loan.
And putting a roadblock in the way of approving short sales isn't doing what is best for their client. So, what does this mean to you?
In my opinion, it gives you a strong basis for a lawsuit against that loan servicing company if your loan modification or short sale isn't approved because you won't pay their fees. Thinking about a short sale?
I can help you short sale your property and get back on your feet. Send me an e-mail at cjohnson@prucalhomes.com. I will contact you for a free consultation.
When we talk, I will explain how the process works in detail and answer any questions you may have. Or, if you prefer, you can call me at 805-208-0823.
Discover how other sellers successfully completed a short sale and request a free consultation by clicking here.
Thinking about a loan modification? Our Moorpark loan modification kit has the instructions you will need to get a loan modification approved with your bank. Click here to request a copy.
Thanks for reading this,
Chris B Johnson, Realtor
Chris is a Real Estate Agent at Prudential California Realty.
Phone: 805-208-0823. cjohnson@prucalhomes.com.
Certified HAFA Specialist, Certified Short Sale Specialist, Certified Distressed Property Expert
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Always check with a good real estate attorney to find out the laws in your state. There are also legal aid non profits that can give you advice on what to do to stop a garnishment or bank account seizure. You should also look at California SB458. With the passage of SB458, the Expanded Anti-Deficiency Law May Have Unintended Consequences on Ventura County Short Sales. So Please read http://venturacountyshortsalerealtor.com/?p=948.
For Disclosure, and more information on Mortgage Assistance Relief Services, please see Code 16 of Federal Regulations (FTC), Part 322, or , http://www.ftc.gov/opa/2010/11/mars.shtm and always consult your CPA, Accountant, Financial Advisor and Attorney before you any financial or legal decisions. Also seehttp://venturacountyshortsalerealtor.com/?p=1066.
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Loan Mod vs Short Sale Click here.
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