Short Sale Approved...Settlement Scheduled...Now Bank Selling Loan?

Short Sale Approved...Settlement Scheduled...Now Bank Selling Loan?

Berlin, MD · Member since 2013 · 5 posts · 0 votes

I put in an offer on a short sale property in March 2013. The offer was accepted by the owner, contract signed with a settlement date of May 30, 2013, negotiator was assigned, and short sale was approved by the bank with the bank accepting our offer. By the time we got the approval/acceptance from the bank it was already the end of May so we signed an extention that gave a settlement date on or before August 1. The owner signed, and it was sent on to the bank. We soon discovered that there were multiple liens on the property which had all been satisfied, but it took some time to get proof of a clear title because one of the liens was an IRS lien. We have a clear title now, financing in place, and a settlement set for July 29th. Yesterday we heard from the bank that they plan on selling the loan to another bank on August 1. My question is whether they will be able to refuse to do the short sale that they already agreed to. Will they be able to just change their minds and sell the loan after we have paid a title company, lawyers, and appriasers to get ready for a settlement? Or if we are able to go forward and settle on July 29th before our extention runs out are they obligated to honor their aggreement? Any info would be greatly appreciated.

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  • Real Estate Investor · Englewood, CO · Member since 2013 · 988 posts · 258 votes
    13y

    You had better get legal advice from an attorney where the property is located before spending a single penny or spending another second going forward with this purchase. Know your legal rights first.

    Obtaining legal advice still does not mean the new holder of the loan will automatically honor any agreements. Moreover, if I understand from what you stated, you do not have an agreement from the original holder to extend the short sale. If not, the deal may be dead without renogotiation.

    It appears you have a lot to consider prior to proceeding, including knowing your legal position.

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

    This happens quite frequently. The new servicer (it was probably just the servicer that is changing, but it makes no difference if it was the loan) will Not have to honor the approval, if they get the loan prior to satisfaction. While a day or two may be enough time to settle it out, I would Strongly advise closing a couple of days earlier. After a short sale closing, the title co. wires the money to the shorted lender along with the executed closing documents, executed arms length affidavits, if not already submitted, executed deed, etc. If they return the funds, the sale will have to be unwound. The short sale approval can be retracted at any time. If it goes to the new servicer, the process May have to start over, as stupid as that sounds.

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