Short sale with discharged mortgage-obtain through quit claim?

Short sale with discharged mortgage-obtain through quit claim?

High Bridge, NJ · Member since 2015 · 21 posts · 0 votes

There's a property I've had my eye on (for myself-not as an investment or flip) for a while that's been on and off the market.  I finally tracked down the owner and he laid out the story for me.  His business ran into trouble which forced him to file for CH7 (Including the mortgage), which has been discharged, so the note has also been discharged.  He has vacated the house and has purchased another one, so all he wants is to get rid of this one.  He's lined up a few buyers but the bank wants too much for the house.  They keep asking him to modify which he has no interest in because he already has another house. 

Given the situation, he offered to quit claim the property to me (for a fee) so that I can negotiate with the bank directly for a modification. I realize that a quit claim can open you up to any liens on the property, but to my knowledge (which I'd verify with a title search) there are no obvious ones. The mortgage (owner claims no second mortgage) has been discharged through the CH7, there is no HOA, and I verified with the town that the taxes are current.

All that said, I'd like to find out what other risks there would be in a transaction like this, and if there might be other ways to structure it.  I'll be talking with an experienced real estate attorney about this tomorrow, but I'm eager to hear from others here who might have done a similar deal, or ran from one with good reason.  

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Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
10y

He can still do a short sale, the process is the same even with the BK, but there really is no incentive for him to do it (unless you give him one ).  As for taking it by QCD, the bank will generally be much Less willing to negotiate with you, as opposed to the original borrowers, and likely just to foreclose.

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  • Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
    10y

    He can still do a short sale, the process is the same even with the BK, but there really is no incentive for him to do it (unless you give him one ).  As for taking it by QCD, the bank will generally be much Less willing to negotiate with you, as opposed to the original borrowers, and likely just to foreclose.

  • Real Estate Broker · Chicago, IL · Member since 2015 · 531 posts · 266 votes
    10y

    How does one file bankruptcy and then turn around and buy another home? 

    Doesn't sound right. 

    Also if the bank is unwilling to work with him, because he does not have a hardship then they sure as heck are not going to work with you. They will let it go to foreclosure and get fair market value.  

  • Real Estate Agent · Elgin, IL · Member since 2015 · 100 posts · 41 votes
    10y

    @Matthew Hall I tend to agree that the bank will likely move to foreclosure in order to recoup the highest amount possible on the loan. 

     @Sarah Ziehr is correct, if he was already able to buy a new property, he has very little to stand on in the way of hardship, so a short sale is unlikely.  However, I came across a new mortgage program that works with clients 1 day out of bankruptcy/foreclosure/short sale with poor credit scores. So for those clients who are house poor and cash rich, they can qualify to purchase another property.  They are working with 3 of our clients now.  We shall see how it turns out!

  • High Bridge, NJ · Member since 2015 · 21 posts · 0 votes
    10y

    I left a few important details out. This has been ongoing since 2008. I believe the BK was discharged in 2009. He was able to purchase another home by living in this one and not making a mortgage payment for five years. Apparently though, Ocwen still sends him requests for modifications constantly. Ocwen only got around to filing a NOD in February of 2015-with the pace of foreclosures in NJ it could be another year before it actually goes to Sheriff sale.

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