During a closing I had this week my buyer actually said "I Can't Believe It Is This Hard To Buy A Home For Cash". The buyer was buying the property for cash and could not imagine how difficult the process was to finally get to the closing table.The problems were sure not on our end of the transaction but rather on the seller's end. You see, the seller was not making payments on the property any longer. Neither the 1st mortgage lender nor the 2nd mortgage lender were in too big of a hurry to send their borrower (the seller) the official Notice of Election and Demand that would start the foreclosure process. So, we ended up writing a purchase contract that required a "Short Sale" Addendum. This also required both existing lenders who were taking substantial losses to provide written notice that they would allow the "Short Sale" to occur. They basically had to put into writing their agreement to accept considerably less at our closing than their promissory notes were written for.
Today, lenders REO (Real Estate Owned) departments are so over worked that they get around to contracts like ours whenever they can. I this example, it took them over 60 days from the day we wrote the offer on the seller's property to get around to responding in writing that they would allow our closing to happen.
Technically, my buyer and the seller never did have an enforceable contract all the way to the closing. The Short Sale Addendum requires the lender(s) to provide written notice of their acceptance of the purchase price and the resulting short payment of their loan(s) in order for the contract to be in force.
The real problem with my buyer was that he was trying to move his family back to Denver from Mexico. He continuously asked me if me if it was save to make the move. I had to answer him every time with "I really don't know. It looks favorable, but we still do not have the required signatures from the two existing lenders"
We did finally close, but not until the buyer was quite frustrated with the home buying process that now is standard operating procedure when a home is going through a "Short Sale".


