Originally posted by @Ron S.:
Originally posted by @Cara Lonsdale:
I think you got the right answers from people, but just to reiterate....
Lenders consider each contract individually, and most likely they have a 'no assignment' in their addendum somewhere. They would consider a Buyer swap as a new contract.
You are correct...it is TOTALLY ASININE!!!! Lenders can be REALLY illogical when it comes to deals, and get caught up in the smallest piece of minutia, but they do it all the time. This is why they end up foreclosing on a house and taking less than the short sale offer that was in front of them. They don't care. Their mortgage insurance will cover their loss, so what do they care?
It should be about the bottom line...the net to Seller (Lender). Period. But it isn't.
Here's a thought....why doesn't current Buyer complete the sale and flip it to new Buyer?
Ahhhhh...if only what you said was true we'd be in a much better world.
Lenders are relatively logical. Yeah they get caught up in the minutia because the devil is in the details. Just because it makes sense to you doesn't mean it makes sense. It comes down to debits and credits for the most part but there is also the logistical and sometimes conflicting component of investor requirements and 3rd party requirements (MI company, junior lien holder, senior lien holder, GSE, etc.) that at the least, influence the transaction or, can control the transaction beyond the seller's or lender's objectives outright. While it may seem asinine to you, the process has to be consistent throughout the portfolio and, the process is both regulated and enforced by both state and federal regulators....AKA the government. Maybe that's where you get that it's asinine, because the government is involved and if that is the case, I agree with you on that front.
...and no, that's not why it ends up in foreclosure. Short sales end up in foreclosure for two reasons usually, One is time and the other is because the parties to the transaction either can't or won't comply with the requirements of the shortsale, whatever those requirements may be.
...They don't care? Care about what? A short sale versus a foreclosure? Lenders have a pretty reliable financial model that shows probable outcome based on the input for any particular scenario. The key is the input. If the input is valid, the output will be valid. Garbage in, garbage out. What is there to care about though? Either the deal works for the lender/investor or it doesn't. Either the seller/buyer/agents can or will comply with the short sale requirements or they won't/can't. Caring doesn't have any basis in the transaction. Are lender's empathetic to the situation? Probably not but that's not a bad thing necessarily. Treating each situation (Caring) different is what gets lenders in hot waters with the regulators. Lenders must apply fair lending laws and ensure that they are not subject to any violations of UDAAP when reviewing any lending transaction. Even the most well documented exception in the special treatment of one borrower over another is going to get the lender fined or worse for not applying that same exact treatment to all borrowers.
Finally, "Their mortgage insurance"? Who's mortgage insurance. The borrower's? The lender's? Do you actually think that all of the loans out there have mortgage insurance to cover the lender's loss? As a lender that manages MI claims, I can tell you that, A) not all loans have MI and B) not all loans that do have MI have claims paid out on them after a loss and C) going back to what I said earlier where there is MI, all of the rules and processes and guidelines for a short sale are dictated by the MI issuer and NOT the lender. So, in many cases, it's the insurance issuer not the lender that makes or breaks a short sale.
Alot of words.... NONE of which are based on real life examples. So, let me help you understand this broken system of yours Ron....
Example #1.... Client is given a 90 day trustee sale notice. Borrower contacts the lender to request a loan modification. Lender requests a packet of info, and submits a needs list. Borrower completes needs list. Meanwhile clock ticks down on trustee sale..... Borrower checks in with lender, lender requests more info (updated bank statements, etc), Borrower sends in more info. Borrower waits. Day before Trustee sale, Borrower checks in with Lender. Lender states that it is still in process. Next day, it goes to Trustee sale. Same day, Lender calls borrower to tell them they were approved for modification, but needs a LOX for something trivial, which the Borrower was more than happy to provide. However, the sale had already transpired. The Borrower lost the home.
Example #2...Short sale where the Buyer's spouse was the Realtor. Lender approved the short sale price and all terms. Inspections were done, closing was eminent. HUD-1 (obviously a few years back when the HUD-1 was used) came out, and lender put a halt to the sale citing that that the Spouse would need to either relinquish the commission, or the Lender would not approve the HUD-1. This example was one that I was thinking of when I stated that lenders get caught up in minutia because the lender was willing to pay a commission, and eventually WOULD pay it, but for whatever reason, they got caught up in the fact that the Buyer was related to the Realtor, even though that was fully disclosed in the contract AND the Buyer was purchasing as a sole and separate, so the Spouse didn't have interest anyway. The property ended up going to trustee sale, garnering a fraction of what the agreed to purchase price for the deal.
I get that you may be sensitive to lender bashing if you are in the finance business. However, you need to acknowledge that really dumb mistakes are made by lenders on many different levels. Many times it's for the simple fact that there are too many people touching a file, and it gets lost in the cracks.
However, I can't accept your comments that this is a clean and clear system, or we wouldn't have just had one of the biggest lending and finance crashes in history just recently behind us. You gotta know your weaknesses.
To be clear, I am not speaking to guidelines. Of course the lender has guidelines that need to be met. So many times when you call your lender, you find out that they are just the servicer. So, getting to the lender/investor and/or adding in any government stips for FHA/VA also comes into play. However, my post was speaking more to the flaws, as evidenced above in the 2 examples given (and I have a ton of these examples) of how lenders get caught up in the minutia, and sometimes that leads to a lesser net to them in the end.