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Old 01-11-2011, 12:52 PM
 
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Is it a normal practice to have your escrow up front even before the bank lender even accepts or counter your offer? I'm referring to having to put down $2000 for just the initial offer contract to have the house move to a contingent sale and taken off the MLS listing.
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Old 01-11-2011, 04:15 PM
 
Location: Salem, OR
15,578 posts, read 40,440,822 times
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Quote:
Originally Posted by Regulation View Post
Is it a normal practice to have your escrow up front even before the bank lender even accepts or counter your offer? I'm referring to having to put down $2000 for just the initial offer contract to have the house move to a contingent sale and taken off the MLS listing.

It depends on the listing agent. Some short sale experts strongly recommend this approach because buyers are walking too easily.
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Old 01-11-2011, 05:06 PM
 
Location: Lakewood Ranch, FL
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If I have the seller, I strongly encourage him/her to require a deposit of $1000-$5000 to "bind" the buyer to the deal. If I have the buyer, I still want to have them put down a deposit to show the seller and the short sale lender that my buyer is committed but I might try to limit the amount to perhaps $500-1000.
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Old 01-11-2011, 08:25 PM
 
Location: Snellville, GA
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This is earnest money - and shows how 'earnestly' you want the property - in a sense. The more money put down as earnest money, the more serious the buyer is. If a small amount is put down, it's possible a buyer will 'walk away' from the money - and the deal.

Earnest money is returned or applied at closing, depending.
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Old 01-11-2011, 09:35 PM
 
Location: Ohio
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You can put into your contract what condition you'd get the deposit back. Be liberal so you have your money returned for whatever reason that the deal doesn't close.
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Old 01-12-2011, 05:47 AM
 
Location: Gilbert - Val Vista Lakes
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Some listing agents are wanting the earnest money to be non-refundable for up to 90 days.

As a buyers agent I recommend against making that type of deposit, for this reason.

I don't know how good the listing agent is at negotiating short sales.
I don't know all the seller details, such as
  • how many mortgages are there
  • how many other liens are on the property that have to be negotiated
  • does the seller really have a hardship that the lender will accept
  • will the lender, or PMI company demand a promissory note from the seller that the seller will not agree to
Generally, about 25% of short sales from most agents get approved.
About 90% get approved by exceptionally good agents.

I don't want my client to have their money tied up, when there may be a 75% chance that the lender will not approve the short sale.

After I gather all the information available, and provide them with my recognition and advice, it is ultimately up to my buyer to make the decision.
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Old 01-12-2011, 09:57 AM
 
Location: Ohio
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How many days after sellers accept an offer is reasonable to expect sellers to submit their SS package (with the offer) to the lenders?

Reason I ask is: If I put money in escrow, how do I know the sellers are not delaying the process for whatever reason, which causes my earnest $ to be held up in escrow for a long time, while they waste time unnecessarily.
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Old 01-12-2011, 12:54 PM
 
Location: Tempe, Arizona
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Quote:
Originally Posted by mmyk72 View Post
How many days after sellers accept an offer is reasonable to expect sellers to submit their SS package (with the offer) to the lenders?

Reason I ask is: If I put money in escrow, how do I know the sellers are not delaying the process for whatever reason, which causes my earnest $ to be held up in escrow for a long time, while they waste time unnecessarily.
I would try to negotiate that no money goes to escrow until you have bank approval of the sale. If they won't take that, next best is to have a time limit, typically 60-90 days around here, and for only a portion of the total earnest money with rest on approval.
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Old 01-12-2011, 01:53 PM
 
Location: Ohio
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Great. Thanks!
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Old 01-12-2011, 06:43 PM
 
Location: Gilbert - Val Vista Lakes
6,069 posts, read 14,781,079 times
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Quote:
Originally Posted by mmyk72 View Post
How many days after sellers accept an offer is reasonable to expect sellers to submit their SS package (with the offer) to the lenders?

Reason I ask is: If I put money in escrow, how do I know the sellers are not delaying the process for whatever reason, which causes my earnest $ to be held up in escrow for a long time, while they waste time unnecessarily.
Your agent should ask the listing agent if the short sale package has been prepared and ready to submit with your offer. The listing agent should have it ready to go.
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