The banks and other mortgage holders and NOT behaving rationally and that is delaying the recovery of the real estate market. Here is a real-life example that I have came across recently:
A Tale of Two lots
Mr. X bought a very small house on a huge piece of property a couple of years ago. He subdivided the property into two lots (all legal), tore down the house, and put together plans to build two houses on the property - one for himself and one to sell. Unfortunately when he tried to get financing to build the first house, he couldn't get a construction loan. Making matters worse, as the economy worsened he fell behind in payments on the original mortgage.
So, Mr. X hired a real estate agent to sell the property and a lawyer to try to get him out of this mess. By this time the value of the vacant land is well below what he owes to the bank, so he is looking at a short sale situation. His lawyer talked to the bank about various options (loan modification, deed in lieu of foreclosure, etc.). During this period the bank realizes that the collateral for the mortgage, the house, is gone. Mr. X didn't know that he had to get permission from the bank before he knocked down the house. Of course the bank is not happy about this. The bank hired another real estate agent to do a Broker's Price Opinion (BPO) - this is to tell the bank the approximate market value of the property (and it is cheaper than getting an appraisal). Then the bank instructs the real estate agent hired by Mr. X to lower the asking price to the BPO price.
Within less than a week of changing the price, there are two cash offers on the property. One is over the asking price. The buyer wants to close asap.
The entire deal is contingent on the bank approving the short sale. The bank set the price, and the contract is over that amount. Seems like a no-brainer - sell the property and move on.
But not so fast. The key contact at the bank says that they have to make a decision as to whether or not they want to do a "work out" for Mr. X (if they don't do a "work out" then they will foreclose instead). Since he tore down the house without their permission, they are behaving like a deer in the headlights - they don't know what to do. I've already been through this process with another property. If the bank decides to foreclose instead of taking the short sale it will cost them more money than if they just take this deal. There are real estate taxes, property maintenance - even an empty lot requires maintenance - and legal fees, plus the cost of various people at the bank having to deal with one more property. The whole process could take them 6 - 12 months! And in the end, the sale price will probaby be even lower than the current deal that is on the table.
And the biggest problem is that if the bank doesn't accept the offer within a reasonable amount of time the buyer will take their cash offer somewhere else. The bottom line is that the bank is acting irrationally. The house is gone, get over it. Foreclosing on the property is just going to make a bad situation worse. Take the money and move on to the next deal!
And speaking of buyers taking their $ elsewhere, my next post will be about the pitfalls of shortsales. I have 4 short sales pending and two short sale listings...