The Importance of Proper Representation and Debt Mitigation with Short Sales
January 12th, 2012
Fox News Article
Many people are blindly hiring realtors or attorneys that are simply not qualified to offer them proper guidance or a comprehensive solution to their mortgage problem. This article clearly outlines the risks associated with not hiring a team that can mitigate the debt. The core to the solution is your representation must understand the recovery side of lending and have the experience to complete the short sale properly so all of the benefit can inure to the client. It does not make sense to close on a short sale transaction and not meet all the objectives that are important to the client. Having clients end up in bankruptcy after a short sale as a result of the lender coming after them is a sign of misguided and incompetent representation. This makes no sense and unfortunately if you do not do it properly and have all the legacy issues wrapped up before closing you cannot go back and change the terms. As you can see, all of the people that ended up in bankruptcy in this article have learned a valuable lesson and this could have all been prevented.
It bothers me that that article notes that one of the realtors stated that she informed the homeowners of the risk If the homeowners do not understand the business it’s frankly like trying to teach your dog algebra. All they hear is bla bla bla. The realtor earned a commission when the contract settled but the clients were sacrificed. This is bad business and any realtor that does not care to protect their client by getting a qualified team involved is doing their client a disservice. If realtors are expecting to perpetuate their business on the basis of happy customers and referrals they must keep their clients out of bankruptcy. If you need expert help to do this then put together a team. Please don’t try it alone and subject your clients to what has occurred in this Fox article.
I don’t want to come across as though I am picking on realtors. That would not be fair. I want to share one other shocking example of a case gone bad with a lousy attorney. I just found out today that a client of ours from 2010 went out and hired a bankruptcy attorney to help him with his short sale. We previously had successfully completed an out of state investor short sale for this client. He didn’t come back to us because we represented his partner’s legal connection and he and his partner were at odds with one another over financial dealings. Instead he hired a bankruptcy attorney that promised him the world. The attorney apparently said he didn’t need to make payments an they he would be able to stay in the property another year etc. The property was a 900K property that he owned 1.4 million on with no way out. A short sale with proper debt mitigation would have solved this individual’s problem and allowed him to move on with no legacy risk. Unfortunately the attorney that represented him had limited knowledge of the lender recovery process and did not make proper filing in time. The end result is a client that paid money to an attorney and finds himself in a state of shock that his lender just foreclosed on his home.
I just listened to his sad story this morning. He wishes he would have come back to us. Give me a break! If you do not complete the short sale properly your only solution will be bankruptcy. He acknowledged that we warned him of this but though his was safe. Unfortunately he admits he was dead wrong. There are a lot of unqualified attorneys that will take your money and tell you “No Problem”. When you hear this you should get another opinion. This particular client will now be forced to seek bankruptcy protection. I want you to know that this could have all been avoided. If you are interested in a loan modification that can keep you in your home or a short sale solution, come visit our site a www.thenegotiatedsolution.com before making a rash decision. If you would like to confidentially discuss your situation simply call our office direct at 703 319 TSSN to set up a free appointment. We will talk with you! Whatever you decide please INVESTIGATE or you will be sorry you hired an idiot whether it be a realtor or an attorney or both. Your problem can be solved. Prevention is the key. Prevent the bad stuff and solve the problem so you can live to fight another day.
Blogging from the front line of the housing crisis. GHunter







