Hi Ben,
Is your Realtor also representing the seller and negotiating the short sale?
As Jeff mentioned above, there are many moving parts in this transaction. It is a bankruptcy situation, so the bank has be very careful to proceed in a manner that does not violate bankruptcy laws. Do you know if it is a Chapter 13 or 7? This can make a difference in the timeframe before the house is able to be released from the bankruptcy. Also, the seller being in bankruptcy does not automatically mean the house must be sold as a short sale. It is a short sale only when the value of the property is less than what is owed.
If the FHA appraisal was just ordered about 3 weeks ago, 'in the final stages' means you have about 2 more months to go. In reality, ordering the appraisal signals the very beginning of an FHA short sale, which is a 2 stage process. The lender obtains an appraisal to determine the value of the property, which then will determine the sales price the lender will allow. Also, the short sale lender will review the seller's financial situation and determine whether they are qualified to do a short sale. If the lender determines the seller is qualified, they will issue an Approval to Participate letter (stage 1), which will instruct the seller to have a realtor list the property at the determined price, which is based on the appraised value. All this takes about 30 days from the time of the appraisal.
An FHA short sale must net the bank at least 88% of the appraised value. This means after all real estate commissions and closing fees are taken from the sales price, the lender must get 88% of whatever the appraiser says the property is worth. During the second stage of an FHA short sale, the lender will evaluate the buyer's offer against this bench mark. This also takes at least 30 days, and sometimes much longer if there are any even small errors in the paperwork. If the offer does not meet the 88% mark, the lender can request a variance from HUD to accept a lower amount, and this will take a couple extra weeks.
Using this formula and assuming 1) whomever is negotiating the short sale is extremely familiar with the process to reduce potential time wasting errors, 2) the seller is cooperative and provides all requested financial documentation in a timely manner, and 3) the negotiator at the bank is reasonably competent - you are looking at another 45 - 60 days prior to receiving short sale approval.
Once you receive approval, you may need to wait for the judge or trustee approval to release the property from the bankruptcy so you can close. This is dependent upon what is going on with the bankruptcy.
And one more risk to mention, as did Jeff, Nationstar and other banks put their short sales on auction sites to 'validate' the offer on file. If they get a higher offer, you may have to raise your offer, plus pay a 10% auction fee, to keep your contract on the property.
If I were you, I would find out the value from the appraisal. If it came in significantly higher than your offer, you will spend a lot more time and possibly not see short sale approval. If the appraised value is near your offer amount, it may be worth it for you to stick around for a couple of more months as an approval would be more likely. The appraised value will be on the Approval to Participate letter from HUD. Your realtor needs to ask for a copy of that letter.
You will not be able to speak to the lender personally, as they will only talk to third parties approved by the seller.
The above information is consolidated from my 14 years of short sale negotiating experience.
Brenda Houghton