EMC (Chase) - Need help with fighting value and dealing with a very rude negotiator

I have a 1st with EMC (Chase) and a 2nd with Wells Fargo.  The negotiator with Chase is requesting a full payoff because she says there is equity in the property.  The property is located in San Francisco, CA.  They ordered an appraisal and the appraiser was from Sacramento (about 3 hours away).  The appraiser came up with a value of 1,400,000.  Our offer is for 1,250,000.  If you are familiar with San Francisco, you know there are many different districts in the city and one neighborhood is different from the next.  I escalated the file to Jaime Dimon and the Executive Resolution Department is not helpfull at all.  All they do is make sure that the negotiator is moving the file forward.  I have sent comps and several websites for the negotiator to go to that support our offer.  We also received an offer for 1,100,000.  I sent it to the negotiator and asked for her to pick one (either 1,250,000 or 1,100,000) as this is what we are getting and where the market is at.  There is no way that the property will sell for 1,400,000.  If we could, trust me we would as this would be a regular sale rather than dealing with a short sale.  They feel that it will be better for them to foreclose because they will get more than going through the short sale.  They are only at a loss of 65k going through the short sale process.  The negotiator is extremely rude and after leaving a dozen messages, I finally got through and she answered the phone.  I told her that I have left her several messages and she cut me off and said "oh, I don't check my voicemail so don't ever leave a message".  WHAT!!!  WOW!!!  Her manager won't even call me back, but maybe he does not check his voicemail either, LOL.  They are stuck on their appraisal and will not budge.  How can I get them to review the current comps?  Or send the appraiser the comps.  How can we fight the value if they do not give us a copy of the appraisal or let us know what comps the appraiser used?  They will not accept an appraisal from us.  We are going to order the appraisal through the buyers loan as this will be a 3rd party and submit it, but we are not even sure this will work.

Any ideas from anyone?  I don't even know why they are doing the short sale because they want to be paid if full.  She told me that it is because of the deficiency.  Am I missing something???  If they are getting paid if full what deficiency???  I asked her this and she told me that she does not have the time to talk to me about the 101's of a short sale.  She even told me to get a loan myself so the sellers could stay in their home.  Ummm... isn't that a straw buyer???

Can anyone help????  I'm at a loss and frustrated beyond belief!!!

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Replies to This Discussion

Hmm.... looks like your negotiator is being pretty rough. I have a short sale in progress with EMC and I'm less than impressed with their professionalism or knowledge on short sales. By chance, is their mortgage FHA or Fannie/Freddie backed? You may not have had much of a chance to avoid it but once you're on their bad side, it's hard to recover. Have you just asked for another appraisal or at what point they would do another appraisal? At one point I was told that EMC does a new appraisal every 90 days. How long ago was it done?
I have had this problem with Chase because of their investor.  The investor wants a certain amount and it is more than the house is worth.  I have found it is easier to try to befriend the negotiator then to get them mad at me.  It seems that Chase has recently changed some of their short sale procedures and the negotiators are even more overworked right now so being on their side is even more important.

Our experience is that very few negotiators actually answer their phones. Most prefer to go through their messages quickly to see if it is something they have to deal with, or if it is someone just calling for "an update". The fact that this one told you that she doesn't even check voicemail doesn't come as a total shock. I'm sure there are some that don't.

I think your best bet is to submit the independent third party appraisal by a certified appraiser. The people that do BPOs get the valuations wrong all the time if they don't know the area.

Taya. BPOs are usually only good for 90 days. If everything you have tried doesn't work then either the buyer comes up in price or the seller brings cash to closing to get this deal closed. Or maybe buyer and seller can split the difference. If this can't be done place the property back on the market at the higher price and look for another buyer. In 90 days if it hasn't sold at the higher price then reduce it, find another buyer and try again. Sometimes the 2nd or 3rd time is a charm.
Any update? Were you able to dispute the value? Did they accept the 3rd party appraisal?

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