I work for one of the big 3 banks and in as much as I know that we have to abide by the rules of the banks, it still doesn't make it right for the banks to impose a deed restriction on a sale. If I am buying a property, I should own it and whatever I decide to do with it should be no ones business.
The banks do all these things and get away with it, but the common street investor cannot? Banks wholesale money ALL day long. They even invest in overnight trades where they make unfathomable returns within 12 hours!
A classic example is banks saying that we cannot do a leaseback to the homeowners but now, they have suddenly realized that a foreclosure to rental program saves them loads of money on the long run. So they will begin to allow homeowners to rent the houses they used to own.....Isn't this the value investors like us wanted to provide distressed sellers?
Bottom line is the banks only care about themselves.....if they are loosing money then no one else should make money off them.
We have guys that build all these decision models that lets the bank know if foreclosing or doing a short sale minimizes their loss....sometimes, a bpo value is useless.....getting way less than FMV now could make sense if it will take them 6-12 months to get it or if they have to spend all the money to foreclose....(every time a bank moves the foreclosure date, it costs them money)....so if a small bank is motivated enough to sell way below FMV for other reasons, and I in turn wholesale the deal, that's illegal?
Since when has wholesaling turned into an illegal activity. Every industry has wholesalers....the bananas we eat passes through series of wholesalers before it gets into the stores....
It is only fraud when a bank makes a decision based on wrong information provided by agents, appraisal, buyer or sellers....
However, the notion that flipping a short sale at an "artificially inflated price" is just one way their legal armies are using to frustrate the common investor.
By the way, there is nothing called an artificially inflated price in a free market ....buyers and sellers are free to negotiate any price they want and as long as a buyer is willing to pay what i'm asking, because he feels i'm providing him value for the service of getting him a good deal, then there is nothing artificial in that....
Where were all these restrictions when they were mass producing these bad mortgages and re-packaging them to be sold on wall street and exported all over the world? Of course, the absence of these restrictions increased their bottom line back then