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It is our goal to provide you with the information and answers to questions
you may have to improve your response time to your client. Although this
document contains extensive information, we have provided a Table of
Contents on the following page where you can access the specific
information you need without having to print/read the entire document.
This document:
Details the process we use to list and sell “Short Sale” listings
Provides all available information about the listing
Provides all information you need to show the property and write an
Offer
Answers Frequently Asked Questions regarding Short Sale Listings.
All of our Short Sale listings follow the same process, so while this document
may appear to be “generic”; it is specifically relevant to this Short Sale
listing.
On the next page you will find the ‘Table of Contents’ – Clicking on any topic
of interest will take you immediately to that page.
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Introduction ....................................................................................... 3
Short Sales Defined ............................................................................. 4
Our Track Record Closing Short Sales .................................................... 5
Status of the Listing – Active or AWC-I................................................... 6
ARMLS Policy on Short Sale Listings and MLS Status ................................ 6
Written Instructions from the Seller to the Listing Broker .......................... 7
Showing Instructions ........................................................................... 8
COMPLETE Offer Defined .................................................................... 11
How to Write and submit a COMPLETE Offer.......................................... 12
Proof of Funds Letter Sample .............................................................. 14
Presenting the Offer .......................................................................... 15
From Offer to Close of Escrow ............................................................. 16
Estimated Short Sale Approval Process Timeline .................................... 17
COMPLETE Backup Offer Defined ......................................................... 18
How to Write and submit a COMPLETE Backup Offer ............................... 19
Presenting the Backup Offer ............................................................... 21
Frequently Asked Questions ................................................................ 22
Not So Frequently Asked Questions ..................................................... 24
Contact Us ....................................................................................... 26
Click on any topic of interest and you will be taken immediately to that page.
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Introduction
Thank you for taking the time to read this document which is attached to
each Short Sale listing as a Private REALTOR® document.
We believe that as a Buyer Agent you are entitled to immediate access to all
available information regarding a listing, so that you can help your Buyer
make an informed decision about whether the listing is of interest to them.
The MLS is the appropriate venue for providing that information, so we make
sure that our listings ALWAYS contain the most up-to-date information
available about the listing. This saves you the time of having to email a
request for information that is already included in the MLS listing.
Most importantly, it means that you don’t have to wait, and wonder how
long it will be, until you hear back from us!
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Therefore, any “meeting of the minds” between the Buyer and Seller is
subject to review and approval by the Lien holder(s) and all relevant 3rd
parties.
Note: If you see one of our listings indicating “Short Sale Previously
Approved by Lien holder(s)” then there has been a previous Offer on the
property, the Lien holder(s) approved the Short Sale, but for some reason
the Buyer did not close escrow. If this is the case, then presenting an Offer
that provides the same or higher net to the Lien holder(s) as the previously
approved Offer should be approved by the Lien holder(s).
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We have been successfully listing and closing Short Sales since 2003. While
different agents use different approaches to listing and closing Short Sales,
we have found that our process produces the best, most consistent,
successful results.
Our closing rate for Short Sale listings taken at least 30 days in
advance of a Trustee Sale date is 100% as of the date of this
document.
How many Short Sales have you closed in the last (fill in the blank)?
We have written instructions from our Seller to submit one, and only
one, contract fully executed by the Buyer and the Seller to the Lien
holder(s) for approval. We do not submit multiple Offers to the Lien
holder(s).
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Answer: When a “Short Sale” listing has an accepted Offer (even with a
Short Sale Addendum) signed by both the buyer and the seller, and is
waiting for approval from the Lien holder(s), the listing MUST be put into
AWC-SELLER WRITTEN INSTRUCTIONS (AWC-I) status.
http://files.flexmls.com/az/20090313213943180349000000.pdf
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Not to disclose or discuss the number of Liens, the name(s) of the Lien
holder(s), or the amount(s) of the Lien(s) on the property.
Not to discuss the status of the Short Sale approval process other than
to provide an “Estimated Short Sale Approval Process Timeline” in this
document so that Buyer Agents can estimate the status.
To return all incomplete Offers / Backup Offers to the Buyer Agent for
completion and resubmission, and to not retain incomplete offers.
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Showing Instructions
This property is a Short Sale listing. There is no difference in the showing
process between a Short Sale listing and a traditional resale listing.
The showing instructions are very specific, are up to date, and are for the
convenience of the occupant. As a result, we are not able to allow any
exceptions to the showing instructions.
Please be sure to read the showing instructions in the MLS listing. There is
no need to contact the Listing Broker prior to showing the property unless
specifically stated in the listing. The showing instructions can be found in
the document section in ‘Private REALTOR® doc 1’.
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As-Is Addendum
H.O.A. Condominium / Planned Community Addendum (If applicable)
Loan Status Report signed by the Buyer(s) and the Lender (or Proof of
Funds Letter for Cash Offer)
Real Estate Agency Disclosure and Election
Residential Resale Real Estate Purchase Contract
Short Sale Addendum to the Residential Resale Real Estate Purchase
Contract
A copy of the Earnest Money Check
All documents must be completely filled out and signed, dated and initialed
where required.
The LSR must have both the Buyer’s Loan Information and Lenders Pre-
Qualification sections completed with all 4 Questions marked “Yes”, signed
and dated by the Buyer and the Lender, and the contact information (direct
phone, cell phone, fax, email) for the Lender must be legible.
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{Name of Buyer} has the ability to provide the sum of ${xxx,xxx} USD fully
free of Liens, debts and/or encumbrances and is clean, clear and non-
criminal in origin, and is available in the form of a wire transfer for the
purchase of {Address of Property}.
Should you require the verification of the above mentioned funds, please,
contact us at your convenience.
Sincerely,
Name, Title
Phone, Fax, Email
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Example:
You will receive an email confirming that your Offer has been received.
Response Time
After the “verification of Buyer financials” has been completed, the Offer will
be presented to the Seller for their review and response. You will receive a
response from the Seller within 2 business days.
Per written instructions from the Seller, if the Offer is not COMPLETE, it will
not be presented to the Seller. A support team member will respond to the
Buyer Agent within 1 business day from receipt of the Offer specifying the
reason(s) the Offer has been identified as not being COMPLETE.
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Commissions
The co-broke Offered on our Short Sale listings is based on past experience
with the Lien holder(s) as ARMLS requires that the commission Offered in
the MLS listing be paid to the Buyer Broker, regardless of whether or not the
Lien holder(s) unilaterally reduce(s) the total commission on the transaction.
If the Lien holders(s) reduce(s) the total commission, you still receive the
commission Offered in the MLS; we absorb the reduction in commission.
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If your Buyer is in contract on one of our listings you will receive an update
once a week as to the precise status of approval per updates from the Lien
holder(s).
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As-Is Addendum
Additional Clause Addendum, Section 1
H.O.A. Condominium / Planned Community Addendum (If applicable)
Loan Status Report signed by the Buyer(s) and the Lender (or Proof of
Funds Letter for Cash Backup Offer)
Real Estate Agency Disclosure and Election
Residential Resale Real Estate Purchase Contract
Short Sale Addendum to the Residential Resale Real Estate Purchase
Contract
A copy of the Earnest Money Check
All documents must be completely filled out and signed, dated and initialed
where required.
The LSR must have both the Buyer’s Loan Information and Lenders Pre-
Qualification sections completed with all 4 Questions marked “Yes”, signed
and dated by the Buyer and the Lender, and the contact information (direct
phone, cell phone, fax, email) for the Lender must be legible.
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Example:
You will receive an email confirming that your Backup Offer has been
received.
Response Time
After the “verification of Buyer financials” has been completed, the Backup
Offer will be presented to the Seller for their review.
Per Written Instructions from the Seller, Backup Offers submitted by any
other method than by email as described above shall be returned to the
Buyer Agent for resubmission following the process described above. If you
are unable to scan and email, one of the easiest solutions is to fax the
documents to your electronic fax number, which converts the fax into an
email with an attached PDF. You can then review the PDF for legibility and
completeness prior to submitting the Backup Offer.
Per written instructions from the Seller, if the Backup Offer is not COMPLETE,
it will not be presented to the Seller. A support team member will respond
to the Buyer Agent within 1 business day from receipt of the Backup Offer
specifying the reason(s) the Backup Offer has been identified as not being
COMPLETE.
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All Liens are a matter of public record. The Seller has given us written
instructions not to disclose or discuss that information. While more than one
Lien holder involved means additional work on our part, it does not mean
that the Short Sale approval process will take more time.
The Seller has given us written instructions not to disclose that information.
Regardless of the balance(s) of the Lien(s), Lien holder(s) focus on
comparing the net proceeds from the Short Sale Offer with the estimated net
proceeds from foreclosure. They accept the higher number.
How do you know the Lien holder(s) will approve the Short Sale?
We provide pricing, marketing and showing history as part of the Short Sale
package. We advise the Seller to accept an Offer which we believe is an
“approvable” Offer based on the net to the Lien holder(s) and the current
market value of the property. The Lien holder(s) make the choice between
accepting the Short Sale net, or receiving a significantly lower amount
through foreclosure. There is no way to predict with certainty whether or
not a Lien holder will approve a specific Short Sale.
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The Seller has given us written instructions not to disclose that information.
As part of our due diligence for the Seller we will confirm the LSR or Proof of
Funds prior to the Seller responding to the Offer. Financial institutions are
closed on weekends and government holidays; therefore our Short Sale
division is closed on weekends and government holidays.
We have attempted to cover every conceivable question that you may have,
but we understand we may have overlooked something and we welcome
your questions if we have not already covered them.
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Yes – these are real questions that have been asked repeatedly.
“I’m contacting you about one of your listings that my client found on the
Internet. I’m not at liberty right now and can’t access the MLS so could you
get back to me and go over the information in the MLS…..”
May we suggest you contact your Broker for assistance? No response will be
provided.
“The showing instructions in the MLS state….. This doesn’t work for my
Buyer. Therefore, the Seller will need to make an exception for me and my
Buyer….”
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“I have read the section that defines a COMPLETE Offer, and I have
everything except for (fill in the blank). Can I submit the Offer and provide
(fill in the blank) later?”
We understand and respect that you are used to doing business that way.
All the information you need to write and submit an Offer is available in the
MLS listing. If you have questions not covered in the documentation, you are
encouraged and should feel free to email them to
Questions@HavenExpress.com.
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Contact Us
Questions@HavenExpress.com for specific questions not addressed in the
information provided in the MLS.
Once we have received a COMPLETE Offer or Backup Offer from you and
verified the Buyer financials, a team member will contact you and provide
phone contact information so we can discuss.
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