Can I offer less than the asking price on an Approved Short Sale?
Central Coast Coastline
The answer to this is, yes, definitely. An approved short sale is a short sale where the bank has already indicated acceptable price and terms. As the HAFA program comes into greater usage, we will supposedly see more approved short sales on the market. The HAFA program provides a way for sellers to get an approved price on their short sale before listing it on the market.
The advantage of bidding on an approved short sale is that you know the bank is open to short selling the house. The disadvantage is that the bank may be married to the approved price. Even if market conditions have shifted, some banks will stick like glue to a previously approved price. If enough time has passed that they can justify ordering another appraisal or Broker Price Opinion, you may be able to sway them. However, I often see properties fall into foreclosure for the very reason that the bank will not accept an offer that is on the table that is below their approved price.
Bidding on short sales and foreclosures is a complex process. If you are in the market for a short sale or foreclosure property (REO) in the Santa Maria, Orcutt, or Five Cities area, please contact my office at (805) 878-9879 and schedule a consultation.
In July 2006, Mint Properties opened an office in the Mission Creek Plaza on Santa Maria Way. Tni’s stated aim is to offer the highest quality representation and professional service to her clients. Independence affords her the ability to avoid a volume driven approach; the result is prompt, reliable, individualized service coupled with straightforward advice. Indeed, she brings the same level of professionalism to real estate as she did to the law.
And what have you told me as the seller when you make a low offer so quickly? You’ve told me that you really do want this house and you recognize that someone else would want it too so you are trying to move quickly. So, then even if I’m not insulted by your low offer, I think I can probably get you to pay a lot more than what you’ve offered -- basically I may think your actions speak louder than that low price.
Just walking away may seem like the easiest way out, but it may in fact make things more complicated for you. If you have a HELOC, I do believe a short sale is usually worth the hassle. At the very least, a short sale gives you the opportunity to negotiate with your lender up front - and, foreclosure is always there as an option, but a short sale isn't.
California Senate Bill 458 (SB 458) - Just signed into law by Governor Jerry Brown on July 15, 2011 and effective immediately thereafter, it prevents junior lien holders who have accepted a short sale from pursing a deficiency against the short sale seller. This law expands the protection provided in Senate Bill 931, and is a major development in the area of short sales. And, I think it makes the case in favor of short sale vs. foreclosure