Below is an email from Equator that we received.

Hello, this file has been declined due to buyer's offer was dated prior to the listing date. Any offer from the same buyer is subject to decline. Please let me know if you have any questions.

We had attempted to buy this short sale one year prior, and that purchase contract was uploaded erroneously instead of our most recent.  Does this mean that we cannot try again, or can we start over and include the updated contract?

Thanks,

Matt

 

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Pays to have a good SS agent. Measure twice, cut once...so the saying goes. 

Close the file and start over. The checking of docs is outsourced and the review of these docs is extensive. Make sure the last agent handling your file deletes all previous emails, outdated docs etc. 

So true - and it is a terrible feeling to feel helpless in the whole deal.  The problem is that our attorney is doing the Equator piece of this - they needed to get 3rd party authorization from the seller' estate, since the seller is deceased and there is no estate really - no family, no money, etc.

Since the attorney has 3rd party Authorization, can I still bring in an agent who knows Equator to handle this?  I thought that since our attorney has authorization from the estate's attorney to act on their behalf, they are the only ones that BOA will deal with in Equator.  

   

An attorney uploaded the wrong contract??? I would find an agent who can work in concert with your attorney and handle the Equator side of the transaction.

Apologies for saying this: Hope your heart isn't set on this particular property...it may be in your best interest to start looking at other homes.

So now I get these two responses:

 

The reason for the decline was very clearly documented in the Equator message sent to the authorized 3rd party negotiator on 06/27/2012 10:05:10. Please kindly reach out to them to inquire the details of the message. The decision is non-disputable. Thank you.

 

Since you have been forwarded a copy of our communication with the authorized 3rd party negotiator, I would like to emphasize the following: " Any offer from the same buyer is subject to decline". Whether it's a newly dated offer or not, the decision is the same. Thank you.

 

This is all because of an old contract was uploaded and the listing agreement was renewed after the date of this contract. We had a new contract but it wasn't the one uploaded.  

 

Is this really the end of this for us?  I wonder why they keep saying they will NOT consider anything else from the same buyers again all because of this contract date mix up.  

Ouch! I almost mentioned this point in another discussion, but I figured people had heard enough from me. About 3 days ago, in a discussion with a closing officer, I learned definitely 2 things: the MLS listing MUST show the property ACTIVE; the property MUST be listed at least 7 days before the sales contract date (and that MLS listing must show active all that time up until they stop asking for a new MLS listing). Does it make sense that you lie to the world about not having a contract? Exactly WHAT are you fixing by forcing NO ONE to offer to buy your property for a week? Where do they get these ideas? (Personally, I've often thought that they are projects for the BofA corp day care center to come up with these rules - but I think this is a Freddie Mac and maybe more type thing.)

I have seen BofA coming up with many many super picky stupid little things in the last month or 2. Setting deadlines (3 calendar days for a response sent out Thurs night - meaning 1 business day and sending a form that I asked for for several days and getting "this must be uploaded within 24hrs - by 5PMEST tomorrow" when they get around to it). At first, I thought I ran into the usual pinhead in document collection, but after several files, this is clearly a concerted effort by BofA. I assume to frustrate agents away from SS's, but I'm sure they have another explanation - such as water pollution is good for you...??

About never trying again, I'd say you have nothing to lose by resubmitting this (assuming this is in Equator where they happily blow away the history all the time). Unless they've hired more people to cut down on SS's rather than help do them, I assume you will get another negotiator and be up and flying - make sure your MLS and contract are right...

Oh Joe! You just always make my day.

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