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 Countrywide Short Sales - they lie, cheat and do everything to avoid a
successful resolution

Created by:
Catherine Myers, Licensed Real Estate Agent,  Walnut Creek,  CA

Date: November 10, 2008, Number of Replies: 45


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There's been a huge shift. Countrywide has now cancelled 3 sales on us in the last couple of days.
First of all, I used to be a fan of CW's short sale process. Something horrible has happened lately. Bailout?
Of the three they've cancelled:
One, because they didn't like the offer submitted , yet they didn't offer a courtesy call or counter. Just file closed, you can resubmit to start the process over if you get a new offer.
Two, because the buyer walked . Countrywide is the second and they are closing the file for the buyer name only, nothing has changed, net to them is same.
Three, we had a short sale approval. Buyers appraisal did not come in to value. Countrywide is second. Buyer had to walk. New buyer comes in, no change in net to Countrywide, buyer name change only.
WHAT IS WRONG WITH COUNTRYWIDE?
Did the bailout make them want to foreclose? 2 of the properties above will foreclose in December as the 1st lenders will wait no longer.
On #2 and #3 above I tried in vain to get in touch with my original negotiator. Not even the courtesy of a return call or email.
The reps are condescending and patronizing.
I'm sick of making excuses for these banks that their decisions "make no sense." THEY HAVE TO MAKE SENSE! These are the lives of their own borrowers they're screwing with and despite what they say on the news - THEY DO NOT CARE ABOUT THEIR BORROWERS.
Yes, I'm mad, because despite ever hoop they had us jump thru - we did it - gladly. We did everything they asked. We went thru their process being cheerful and thankful. Until , they decide to arbitrarily cancel a deal. Why cancel a deal for a name change? Why not at least a counter offer if it was needed? How about a courtesy call to give us a chance to rectify that problem before they close the file.
I asked the rep who was in charge of Loss Mitigation, she said they don't have anyone.
I asked who her manager was, she wouldn't tell me or transfer me.
I asked to talk to the negotiator, she wouldn't transfer me.

So I intend to take these complaints to the press and to federal regulators.
If you've had a similar seemingly arbitrary cancellation of a Countrywide short sale in the last month.. let me know.
I used to be a fan of Countrywide, but what they are doing now is HURTING CUSTOMERS, their customers, their borrowers. But to me, these are my clients charged with loosing their jobs, health, homes and dignity. Countrywide, by their actions, show they absolutely have no regard for this.

On the two cancelled for buyer name changes, if we were also asking them to take less money, I could see their point, but for a buyer name change? This is ludicrous, shameful and should be illegal. They should be on point to help their borrowers avoid foreclosure - not send them to the dungeon.

Catherine Myers, REALTOR

GRI, CRS, ABR, SRES

Alain Pinel Realtors

1646 No. California Blvd., Suite 101

Walnut Creek, CA 94596

925-683-2125 cell

925-465-1593 fax

www.DiabloValley.net

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Derec Shuler Licensed Real Estate Broker,  Denver,  CO

Date: November 10, 2008

That's a pretty tough story and I'm sure you're frustrated. 

There are a couple things to keep in mind about dealing with CountryWide and short sales in general.  Firstly, CountryWide is a servicer.  They sell their loans and must put together the packet and obtain permission for a short sale from the investor actually holding the mortgage.  They alone don't have the authority to allow of deny the short sale, short of the proposal packet being incomplete.

Secondly, the short sale approval contains all the terms, including the buyer and seller information.  If any of that changes, they must obtain new approval from the mortgage owner.

I know this is frustrating and I wish there was a more responsive and efficient way of getting this done.  Hopefully, we'll have a "trickle down" of the bailout that benefits home owners in distress since they're the one that have to live with the stigma of foreclosure.

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Diana Woods Licensed Real Estate Broker,  Kohala Coast,  HI

Date: November 10, 2008

Is there a Countrywide (CW) rep in the house?  A rumour has been circulating here that certain CW short sales will no longer be approved.  It has to the with the involvement of a third party vendor associated with CW.  Can anyone shed light on this?  If not, I'll assume the rumour is not true.

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Catherine Myers Licensed Real Estate Agent,  Walnut Creek,  CA

Date: November 10, 2008

a Countrywide (CW) rep in the house? A rumour has been circulating here that certain CW short sales will no longer be approved. It has to the with the involvement of a third party vendor associated with CW. Can anyone shed light on this? If not, I'll assume the rumour is not true.>>>
I'm beginning to think this is true as they are closing our files left and right as I indicated. Course before this B of A was one of the worst to deal with, so maybe they just have CW following suit. I want to know which federal or state regulators have authority. I called the CW company main number to lodge a complaint and they are as worthless as their reps who answer the phone.

Catherine Myers, REALTOR

GRI, CRS, ABR, SRES

Alain Pinel Realtors

1646 No. California Blvd., Suite 101

Walnut Creek, CA 94596

925-683-2125 cell

925-465-1593 fax

www.DiabloValley.net

www.CCShortSales.com

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Lindy Hall Licensed Real Estate Agent,  Houston,  TX

Date: November 10, 2008

Yes, Diana, I read the same thing someplace, about CW & BofA stopping the ShortSales.... but I think it got overshadowed by the AIG mess... Since I figure no-one at CW has any sense of job-security, I can't imaging they are doing much more than going thru the motions...  and they probably hope to get more cash out of the bailout money for the defaults than they would on a ShortSale.... they are willing to wait and see.

OTOH, we have to understand that CW is a business, not a charity, and they will do whatever makes them the most money. Not defending them, just how corporations have to be.
ShortSales were/are a benevolence, of sorts, and they are within their rights.
The Sellers will just have to walk, like back when we had all those negative-ams... OR ride it out. Sad but true.

Lindy in Houston

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David Eloff Licensed Real Estate Agent,  CA

Date: November 10, 2008

I agree. The lenders are cheating their investors by failing to limit the investor's losses. This is a violation of their fiduciary duty. If the investor knew what was going on in the short sale process, they would sue the lender - and well they should. However, the lender will only use the taxpayer money. It's a shame the government is as corrupt as the lenders. They should have let the lenders fail and go out of business. That's how Capitalism works. If you are corrupt and offer poor quality, you go out of business. Why should the taxpayer foot the bill for these lenders who made tons of money on shady loans. I could go on and on on how the government undermines the Capitalist system that provides an enormous amount and variety of goods. Now that the Leftists have taken over, don't expect to have what we have now. Take a look at any Socialist country and see hw they are diminished.

--
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John Goad,  Las Vegas,  NV

Date: November 10, 2008

 

Welcome to the wonderful world of Short Sales (or should I say welcome to Short Sale Hell). When dealing with the mortgage companies, take all the common sense you have, wad it up into a great big ball and then throw that common sense ball out of your window, or into a lake, because common sense and mortgage companies do not mix.  This is why they are loosing BILLION OF DOLLARS, and why our tax dollars are bailing them out.  If you doubt at all what I am stating, try to remember that these are the same companies that agreed to give mortgage loans to people that had…$0 down payment AND did not have a solid work history AND had horrible credit AND could not verify their income (this list could go on forever) any single one of these factors is not necessarily grounds for denying someone a mortgage loan, but combine several of these factors (or all of them) then no wonder most of these people are not making their mortgage payments.  However in the not so distant past, mortgage companies were more than willing to give a mortgage loan to almost anyone, it seemed only qualification was that the buyer have a pulse. Short Sales are a real big headache but can be a real big payoff as well, we have ALREADY had our best year ever in my nearly 10 year real estate career, but it has come at a very high cost….Extremely long hours, Very hard work, dealing with banks that have NO concept of Commons Sense, etc, etc, etc. If you think the scenario you mentioned was difficult, wait until you have worked on a single Short Sale for 8 months. All because Countrywide works their negotiators to death so they quit and you end up getting reassigned to a new negotiator 4 different times, they loose short sale package, loose the appraisal, etc, etc, etc.   Short Sales are extremely hard and frustrating work but if you learn to accept these facts, there can be some BIG payoffs as well. If all of this is too much for you to accept (and it is for MOST agents) then find a good agent that has a lot of Short Sale experience and have them agree to give you a Referral Fee for your Short Sale listings. We have paid out over $30,000 in referral fees to other agents this year, so simply turning the Short Sale over to another agent that knows the systems (and is willing to deal with all of the headaches) can be a great way to make money without the stress and hassles of handling the transaction yourself.
 
Good luck to you, oh and by the way…Countrywide is one of the more difficult companies to deal with, they loose Short Sale Packages and appraisals often, but ASC (the sub-prime division of Wells Fargo) is even more notorious for loosing Short Sale packages, 3rd Party Authorization forms, etc, etc.
 
Take care,
 
John Goad, Jr.
of The Goad Team
Century 21 Infinity
Las Vegas, NV
(702) 586-2772
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Juanita Williams Licensed Real Estate Broker,  Parachute,  CO

Date: November 11, 2008

Actually does not surprise me about Countrywide, but I feel your pain Catherine.

I have long felt that something needed to be done to make the lenders liable in some way for their actions. So often it has been a nasty ride with some lenders. In CO it has only been in the last few years that the lenders were required to be licensed to do business. Prior to that anyone could claim they could do mortgages, and so often they would let the loan conditions come and go with no response to letters or emails or phone calls from their borrower or the REALTORs. One went on vacation-right through the closing date!!!!! She never even turned the file over to anyone. The fact the buyer lost earnest money did not concern her at all.

I have had my fill of them getting off scott-free when they tear up people's lives. Perhaps NAR could lobby both federal and state governments to change this somehow. The lenders should AT LEAST be liable for the earnest money if they lose it for the buyer by ignoring the loan conditions deadline, and maybe damages if the buyer has moved thinking it was approved. We all know that usually if a deal goes south, it is the lender. I refuse now to deal with any but a Colorado lender. I really grill my buyers on the importance of a Colorado lender and a local lender is much preferred over a Denver lender. Some Denver lenders are good, but an awfully lot of them do not care.

In July I had a CA Wells Fargo lender who failed to fund the day of closing (a Friday) until too late to be posted to the bank. When I printed out the communication, it was PAGES long. She had forwarded over to me, along with her errantly jubilant note that it had funded (after 5PM CO time), all the dialogue between herself and the funding dept. from that day. EVEN that day the funding dept person was stating she had had her doubts about the loan "all week". Their borrowers were sitting in front of the house with their moving van-all from CA and Wells Fargo didn't know if they were going to make the loan??? It funded the following Monday, the buyers were able to get in the house on Friday, but I could not believe what I read in that communication between the loan officer and the funding department. I had it in writing they would fund the day of closing and the funding dept had not made up their mind even on the day of closing??? They were shocked that we were closing at 10AM that day. She wanted to know: Who told us we could do that??? The loan officer gave the Title co everything we needed to close, papers were signed and the funding dept had not said okay. It was unbelievable. And this from a 3 loan officer team who had won awards through Wells Fargo. Yeah right.

Juanita R. Williams

Rifle, Co

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John Cleek Licensed Real Estate Agent,  Louisburg,  KS

Date: November 11, 2008

I am not an authority on Short Sales or the cost of foreclosure but all of the reading I have done on this subject leads me to believe that foreclosure is a much more costly procedure for the lender than a short sale and it can also be much quicker thus getting non-productive loans off the books in a shorter period of time.

 
I think it is the sheer magnitude of the problem that is overwhelming the mortgage industry in terms of personnel qualified to handle either foreclosure or short sale. If you have been hired to go through a series of steps triggered by delinquency in order to liquidate these bad loans from the company portfolio, and you expect to be evaluated on the basis of how quickly and expeditiously you achieve this objective, a short sale proposal is a distraction. You are not in a position to weight cost benefit of the alternatives, you just move forward doing what you were hired to do.
 
It sounded appealing with Senator McCain and others proposed that the government simply buy all of the bad mortgages and negotiate a resolution. But again the sheer magnitude of the problem plus the complexity of deciding which bad loan should be bought so a homeowner could stay in their home and which one should not because it was owned by an investor or for a variety of other reasons, made the idea impossible to implement.
 
I believe some form of emergency assistance to homeowners who are truly in trouble due to circumstances beyond their control, i.e., loss of job, medical emergencies, inability to refinance an ARM or face skyrocketing payments beyond their ability to pay, could turn for short-term assistance. The assistance might come in the form of government guaranteed refinancing at market rates or capitalization of the interest due and restructuring of the loan to get it in a manageable current condition. This would be no small task and it would require properly trained personnel to make the necessary judgments but it would be preferable to the market being flooded with foreclosed homes that drive resale prices down and pull more and more homeowners into the flood.

John
 
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The CrownPlatinum Team
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On Nov 11, 2008, at 3:34 AM, TX-Lindy wrote:

I read the same thing someplace, about CW & BofA stopping the ShortSales.... but I think it got overshadowed by the AIG mess... Since I figure no-one at CW has any sense of job-security, I can't imaging they are doing much more than going thru the motions... and they probably hope to get more cash out of the bailout money for the defaults than they would on a ShortSale.... they are willing to wait and see.
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Catherine Myers Licensed Real Estate Agent,  Walnut Creek,  CA

Date: November 11, 2008

Welcome to the wonderful world of Short Sales (or should I say welcome to Short Sale Hell). When dealing with the mortgage companies, take all the common sense you have, wad it up into a great big ball and then throw that common sense ball out of your window, or into a lake, because common sense and mortgage companies do not mix.>>>
I used to do what you state above, and I've done dozens of short sales, so I "get it." But what they are doing is not reasonable, and is not in the best interests of their customers NOR their communities. So I don't buy that crap anymore that we have to throw common sense out the window. I'm not going to let them off the hook that easy, it has to make sense. They are in the business to make sense. So its more than a bit patronizing to say 'oh there there little realtor, this is just the way it is... ' I'm sick of it. Anyone else? They do the things they do because realtors like you and others give them excuses and allow them to do it. Their own publicly posted code of ethics (CW that is) says they will do what is in the best interests of their customers and community and clearly their actions speak louder than words, they have ZERO interest in their customers. ZERO. So what's wrong with calling them on it and complaining to state and local regulators about it? As long as we all stay quiet and accept it as "their way" it will continue. Let's challenge them to make sense. Let's challenge them to uphold their own code of ethics.

Catherine Myers, REALTOR

GRI, CRS, ABR, SRES

Alain Pinel Realtors

1646 No. California Blvd., Suite 101

Walnut Creek, CA 94596

925-683-2125 cell

925-465-1593 fax

www.DiabloValley.net

www.CCShortSales.com

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