Has anyone negotiated a short sale where the seller was in Chpt. 13?  Wells Fargo told me they would not process the file without the motion from the BK court.  We got that at the contract price.  Today they sent me a counter offer!  BK attorney says we'll have to re-petition the court and could be looking at another 30-60 days for the ammended offer.  He says other lenders approve before getting court approval.  My client doesn't have the money to keep going back to the BK court.  Any ideas?  Thanks!

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I haven't done one in Chap 13, Jennifer, but it's possible that WF's counter-offer is just a SOP (Standard Operating Procedure) ... you know, they do it just because. :-|   I would recommend first countering back at your BK-approved pricing, tell the Nego (or remind them) that this is BK-approved, and see what you get back. If they still hold to their counter-offer you'll probably have to go back to court.

Oh, wait a minute .... let's think about this. How much would it cost your client to go back to court? If he used that money toward the short sale would that cover the difference of what WF is looking for?  Outback Thinking!!  Anyway, another angle to consider.

 

Barbara Rice, Las Vegas

702-523-7907

Thanks Barbara,  it won't cost him nearly as much to file for the ammended petition, I'm just so irritated that they made him do it in the first place and then would ask for more money when they have the court order in hand.  Good idea abt. countering at the original price.  I emailed the negotiator and told her he had no more money to go back to BK court and I was afraid buyer would walk if we had to wait another 30-60 days.  We'll see what happens...  Always good to look at other angles, though!

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