A**M
发帖数: 296 | 1 【 以下文字转载自 Living 讨论区 】
发信人: ACMM (白熊熊), 信区: Living
标 题: Short Sale 银行反悔自己的出价
关键字: short sale,counter offer,短售
发信站: BBS 未名空间站 (Wed Sep 28 17:23:00 2011, 美东)
我们买的是一个short sale的房子，原来屋主有两个银行贷款，我们递了一个价格上去
后，第一个银行counter回来一个价格和一些条款，我们都同意了，然后第一个银行给
第二个银行分一部分钱，第二个银行也同意了，第二个银行出了approval letter。接
下去就等第一个银行的最终approval letter后开escrow。
这个时候第一个银行突然反悔了，觉得他们的要价还要提高。
因为是cash买房，HUD第一个银行当初都也给算出来了，觉得这个时候第一个银行的做
法是不是不合理？等于是自己counter自己的counter offer。
能否要求银行必须按照他们当初的价格来办？
请有short sale经验的大侠指教。谢谢 | i********6
发帖数: 4766 | 2 before the escrow close, seller/buyer can back up anytime | O***n
发帖数: 13127 | 3 do not take short sale too serious. if getting one, it is a bonus. otherwise
just forget about it and move on. | a****g
发帖数: 3027 | 4 You can sue the bank/seller at a small court, and put an lien against the property.
The lien will prevent the property from being sold to a second buyer via short sale. However, it does not prevent the property from becoming REO.
So, you are forcing the property to go to REO, which will make the primary bank lose a lot of $, due to long months of process, and potentially even lower REO price.
Give a try, and see how the bank will respond? Maybe the bank will give in.
I think you will fight mainly by yourself. If you can convenience your agent this will make the transaction through, then the agent may be motivated to help you.
【在 A**M 的大作中提到】
: 【 以下文字转载自 Living 讨论区 】
: 发信人: ACMM (白熊熊), 信区: Living
: 标 题: Short Sale 银行反悔自己的出价
: 关键字: short sale,counter offer,短售
: 发信站: BBS 未名空间站 (Wed Sep 28 17:23:00 2011, 美东)
: 我们买的是一个short sale的房子，原来屋主有两个银行贷款，我们递了一个价格上去
: 后，第一个银行counter回来一个价格和一些条款，我们都同意了，然后第一个银行给
: 第二个银行分一部分钱，第二个银行也同意了，第二个银行出了approval letter。接
: 下去就等第一个银行的最终approval letter后开escrow。
: 这个时候第一个银行突然反悔了，觉得他们的要价还要提高。
| g***l
发帖数: 18555 | | l**d
发帖数: 608 | 6 给你抄一段:
If the buyer accepts the changes, that fact must be indicated in writing,
and communication of acceptance of the counteroffer must be delivered back
to the seller. At any point prior to the communication of acceptance of the
counteroffer, the seller may withdraw the counteroffer.
根据你说的, 在走下一步之前, 你最好咨询一下专业人士.
【在 A**M 的大作中提到】
: 【 以下文字转载自 Living 讨论区 】
: 发信人: ACMM (白熊熊), 信区: Living
: 标 题: Short Sale 银行反悔自己的出价
: 关键字: short sale,counter offer,短售
: 发信站: BBS 未名空间站 (Wed Sep 28 17:23:00 2011, 美东)
: 我们买的是一个short sale的房子，原来屋主有两个银行贷款，我们递了一个价格上去
: 后，第一个银行counter回来一个价格和一些条款，我们都同意了，然后第一个银行给
: 第二个银行分一部分钱，第二个银行也同意了，第二个银行出了approval letter。接
: 下去就等第一个银行的最终approval letter后开escrow。
: 这个时候第一个银行突然反悔了，觉得他们的要价还要提高。
| O***n
发帖数: 13127 | 7 key words: "等第一个银行的最终approval letter"
so i guess it is not finally approved. I do not think bank is so dumb that
have no legal sense in their mind.
Also, the buyer agent should have knowledge and advise the client in this case.
the
【在 l**d 的大作中提到】
: 给你抄一段:
: If the buyer accepts the changes, that fact must be indicated in writing,
: and communication of acceptance of the counteroffer must be delivered back
: to the seller. At any point prior to the communication of acceptance of the
: counteroffer, the seller may withdraw the counteroffer.
: 根据你说的, 在走下一步之前, 你最好咨询一下专业人士.
| a****g
发帖数: 3027 | 8 Good catch!
So it does not mean the first bank has accepted in writing officially the
latest counteroffer from the buyer, though there must have been some verbal
agreement at least before.
case.
【在 O***n 的大作中提到】
: key words: "等第一个银行的最终approval letter"
: so i guess it is not finally approved. I do not think bank is so dumb that
: have no legal sense in their mind.
: Also, the buyer agent should have knowledge and advise the client in this case.
:
: the
| A**M
发帖数: 296 | 9 We just accept 1st bank's counter offer, no counter back, but 1st bank now
counter their own counter offer price (they change their mind, raise their
counter price) after we accept it.
Yes, we haven't seen the final approval letter from 1st bank, the document
we have are
1. HUD including their former counter offer price
2. 2nd bank approval letter (agree the portion 1st bank will share with them)
Emails from agent states the bank's counter price.
Now agent asks us to sumbit a signed counter offer for the same amount,
shall we do this? | A**M
发帖数: 296 | 10 The thing is that bank think it's better for them to put the property into
foreclosure than short sale according to short sale coordinator.
property.
short sale. However, it does not prevent the property from becoming REO.
bank lose a lot of $, due to long months of process, and potentially even
lower REO price.
.
agent this will make the transaction through, then the agent may be
motivated to help you.
【在 a****g 的大作中提到】
: You can sue the bank/seller at a small court, and put an lien against the property.
: The lien will prevent the property from being sold to a second buyer via short sale. However, it does not prevent the property from becoming REO.
: So, you are forcing the property to go to REO, which will make the primary bank lose a lot of $, due to long months of process, and potentially even lower REO price.
: Give a try, and see how the bank will respond? Maybe the bank will give in.
: I think you will fight mainly by yourself. If you can convenience your agent this will make the transaction through, then the agent may be motivated to help you.
| | | O***n
发帖数: 13127 | 11 you can try. it does not hurt. but what is your agent's suggestion if bank
already said they want higher price? your agent should know what to do. I
believe both sides have put the contingency and can withdraw in certain
conditions?
them)
【在 A**M 的大作中提到】
: We just accept 1st bank's counter offer, no counter back, but 1st bank now
: counter their own counter offer price (they change their mind, raise their
: counter price) after we accept it.
: Yes, we haven't seen the final approval letter from 1st bank, the document
: we have are
: 1. HUD including their former counter offer price
: 2. 2nd bank approval letter (agree the portion 1st bank will share with them)
: Emails from agent states the bank's counter price.
: Now agent asks us to sumbit a signed counter offer for the same amount,
: shall we do this?
| A**M
发帖数: 296 | 12 Agent says if they determine that they are unable to hold the bank to the
original offer, they will sumbit a signed counter offer for the same amount
of orginal price and reply on our behalf to the bank with that document.
Very disappointed at the bank’s creditability and we don't want to respond
to their “new counter offer,” because we don’t know who they are
countering to, themselves or us?
bank
【在 O***n 的大作中提到】
: you can try. it does not hurt. but what is your agent's suggestion if bank
: already said they want higher price? your agent should know what to do. I
: believe both sides have put the contingency and can withdraw in certain
: conditions?
:
: them)
| O***n
发帖数: 13127 | 13 This is short sale. so much uncertainty. Do not put too much emotion on it.
Expect more, disappointed more.
the right house might wait for you somewhere:)
amount
respond
【在 A**M 的大作中提到】
: Agent says if they determine that they are unable to hold the bank to the
: original offer, they will sumbit a signed counter offer for the same amount
: of orginal price and reply on our behalf to the bank with that document.
: Very disappointed at the bank’s creditability and we don't want to respond
: to their “new counter offer,” because we don’t know who they are
: countering to, themselves or us?
:
: bank
| a****g
发帖数: 3027 | 14 It is bit weird: the last round is the first bank counted, and then you
accepted it? It seems to me that is the written agreement between you and
the first bank officially.
In common sense, if a traditional seller does this way after you simply
accepted the seller's counter offer (assuming a better offer comes in
thereafter), do you think the seller can easily back out? I bet the seller
is afraid that you sue and put a lien to prevent the house from being sold
soon: that is really a big burden if the seller really needs to sell the
house.
There is a huge monthly cost when a house has been emptied while on market:
a monthly $3000-$4000 is not uncommon (mortgage + property tax + HOA). So
typically a seller does not want to risk being sued, which takes even years.
For your case, you may proceed with a small court, which does not cost you
much in terms of money and efforts. Just help the property to go to REO. The
process will cost the first bank more:
1. If the small court process takes a few months, then the house can not be sold as short sale.
2. The seller will occupy for free for another half year or more, if the bank really does want to go to foreclosure process.
3. The seller is highly likely to destroy the house as his/her credit is ruined by foreclosure, and the bank will take in all the loss.
Maybe the bank will reconsider short sale to you at your original price, after you sue the bank: it does NOT hurt you much, but it does hurt bank a lot.
them)
【在 A**M 的大作中提到】
: We just accept 1st bank's counter offer, no counter back, but 1st bank now
: counter their own counter offer price (they change their mind, raise their
: counter price) after we accept it.
: Yes, we haven't seen the final approval letter from 1st bank, the document
: we have are
: 1. HUD including their former counter offer price
: 2. 2nd bank approval letter (agree the portion 1st bank will share with them)
: Emails from agent states the bank's counter price.
: Now agent asks us to sumbit a signed counter offer for the same amount,
: shall we do this?
| d******t
发帖数: 1242 | 15 In the event of a short sale, there is no saying what the bank will do. I
have seen short sale approved at x, and then when my buyer matched the offer
, the bank came back saying they want x+20k. Until you have 2 approval
letters that agree to each other's terms, you have no deal.
"Now agent asks us to sumbit a signed counter offer for the same amount,
shall we do this?"
What's this same amount? The original counter offer from 1st bank that you
agreed on? Or the second counter offer from 1st bank after 2nd bank's
approval?
The point is: is the price good enough for you? If yes, then accept it. If
no, tell them no, I only want to pay x. If you can't make them agree with
you, move on to the next one. There is no point to try to reason with a
bank.
them)
【在 A**M 的大作中提到】
: We just accept 1st bank's counter offer, no counter back, but 1st bank now
: counter their own counter offer price (they change their mind, raise their
: counter price) after we accept it.
: Yes, we haven't seen the final approval letter from 1st bank, the document
: we have are
: 1. HUD including their former counter offer price
: 2. 2nd bank approval letter (agree the portion 1st bank will share with them)
: Emails from agent states the bank's counter price.
: Now agent asks us to sumbit a signed counter offer for the same amount,
: shall we do this?
| O***n
发帖数: 13127 | 16 Re
good buyer agents will educate the inexperienced buyers.
offer
you
If
【在 d******t 的大作中提到】
: In the event of a short sale, there is no saying what the bank will do. I
: have seen short sale approved at x, and then when my buyer matched the offer
: , the bank came back saying they want x+20k. Until you have 2 approval
: letters that agree to each other's terms, you have no deal.
: "Now agent asks us to sumbit a signed counter offer for the same amount,
: shall we do this?"
: What's this same amount? The original counter offer from 1st bank that you
: agreed on? Or the second counter offer from 1st bank after 2nd bank's
: approval?
: The point is: is the price good enough for you? If yes, then accept it. If
| a****g
发帖数: 3027 | 17 Banks of short sale would be spoiled if all agents and buyers agreed to "
there is no point of reasoning with a bank".
Sometimes it is worth creating a little trouble for such a bank. Will a
small court sue server the purpose to help the bank go to foreclosure? The
bank will lose more during the foreclosure process and may reconsider.
offer
you
If
【在 d******t 的大作中提到】
: In the event of a short sale, there is no saying what the bank will do. I
: have seen short sale approved at x, and then when my buyer matched the offer
: , the bank came back saying they want x+20k. Until you have 2 approval
: letters that agree to each other's terms, you have no deal.
: "Now agent asks us to sumbit a signed counter offer for the same amount,
: shall we do this?"
: What's this same amount? The original counter offer from 1st bank that you
: agreed on? Or the second counter offer from 1st bank after 2nd bank's
: approval?
: The point is: is the price good enough for you? If yes, then accept it. If
| d******t
发帖数: 1242 | 18 If the banks are so afraid of foreclosing, you'd think they would be more
reasonable in the first place, wouldn't you?
But apparently there's a bottom line somewhere since we all have seen banks
decide to foreclose as oppose to short sale. Sometimes it depends if there'
s an MI involved or even the mood of the investor. Not to mention the ever-
trouble-making 2nds.
I don't know LZ's situation, so I can't comment on specifics.
In general, when there is ground to reason, of course I do. I am hard on
banks, but I choose not to create trouble because all parties including the
buyers will pay a toll.
The
【在 a****g 的大作中提到】
: Banks of short sale would be spoiled if all agents and buyers agreed to "
: there is no point of reasoning with a bank".
: Sometimes it is worth creating a little trouble for such a bank. Will a
: small court sue server the purpose to help the bank go to foreclosure? The
: bank will lose more during the foreclosure process and may reconsider.
:
: offer
: you
: If
| a****g
发帖数: 3027 | 19 I do not see the bank has been reasonable
1. counter offer back: I want x
2. buyer: I accept that. make the deal.
3. counter offer back: no, I want x+y
4. buyer: ???
In this way a trouble was created.
If everything were in written, I would prefer to invest tens of $, which is not much, with a small court to play a game to help the bank into foreclosure. That is, a favor for the bank, in terms of your view that the bank prefers foreclosure :)
If only verbal communication was involved, I would not bother to "help" the bank.
banks
there'
ever-
the
【在 d******t 的大作中提到】
: If the banks are so afraid of foreclosing, you'd think they would be more
: reasonable in the first place, wouldn't you?
: But apparently there's a bottom line somewhere since we all have seen banks
: decide to foreclose as oppose to short sale. Sometimes it depends if there'
: s an MI involved or even the mood of the investor. Not to mention the ever-
: trouble-making 2nds.
: I don't know LZ's situation, so I can't comment on specifics.
: In general, when there is ground to reason, of course I do. I am hard on
: banks, but I choose not to create trouble because all parties including the
: buyers will pay a toll.
|
|
