Today is day 75 since submitting our offer and we just received a call from our agent with a message from the short sale bank (NS). The second mortgage lender has asked for $12,500 to close and the NS has agreed to give them $6,000. The bank is now asking us (the buyers) and the sellers if we will make up the difference.

Some more info: All docs have were processed by NS quickly and BPO was ordered and completed on day 30. Our offer (we are the buyers) was $320K for a home worth somewhere between $310K and $350K based on comps.

Here are a couple of quick questions I have:

1 - Is there some room for negotiation with NS for them to give more to the second? Or is this likely fixed at this point?

2 - If we initially tell the seller's agent that we do not want to put more money into our offer, and the seller subsequently denies covering the deficit, will the bank reject the offer or will we have another chance to cover the short fall?

3 - Is it safe to assume that if we cover this deficit we will get the approval at this stage? We have asked NS to put something in writing stating such, since they have not asked us to increase our offer for any other reason (i.e. high BPO value). Any chance they also ask us to bring our offer up to market value AFTER agreeing to cover the deficit?

Any advice would be greatly appreciated so we can start talking with the seller and bank.

Thanks!

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You are in the driver's seat unless you have to have THIS home. Nationstar is not in business to help you. The agents, if they want a commission, should get Nationstar on the phone (good luck) and hammer out a deal. Nationstar is loathe to put anything in writing. Remember, Nationstar makes more money the longer this drags on. They make their money from the trust that manages the trust for the owners, the investors. The investors know nothing of this sale I am sure. Nationstar is following the guidelines left by the "investor". If you give in to Nationstar they will ask for more. 

so day 92, we heard back from the second lender and now the second mortgage has been handed over to a collections company. The seller's attorney has agreed to a settlement amount with them, but it needs to get processed back through the bank since it is a pending short sale. Anyone ever been in a similar situation? Seller's attorney is hoping to get everything papered in the next 10 days (we did a 10 day extension), but i am optomistically skeptical. 

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