I am the buyer who went to contract on 6/7/13. Owner are now divorced(sale in lieu). Court appointed trustee and he's doing the short sale. One of the owners are active duty military. Listing agent has no experience with short sale. Bpo was ordered around 8/20/13 and on 8/27/13 BofA requested first 5 digits of ss, dob and mortgage lender information. Attorney and listing agent not good with communication. Listing agent said attorney getting the run around. The file should be with military short sale team but they send him to to another team and then that team saying he should be with military team. I filed a complaint with CFPB and contacted BofA_help on twitter stating the file should be SCRA protected. What else can be done?

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This is not only a short sale, this is a HAP short sale.  HAP's are tricky even if you know what you are doing, because there is another layer of Government Bureaucracy on top of the usual short sale bureaucracy with BofA.  You might want to find another property.  There are too many players for this deal and it sounds like there isn't enough knowledge among them to pull it together.  Let me recap: There is an attorney, with divorcing sellers, a listing agent involved with a short sale involving BofA, who aren't communicating very well with each other.  One of the sellers is military, so this makes this a HAP short sale as well.  If there is a security clearance involved, the military guy will lose his clearance which will not be good for him.  Good luck, but I would walk away...

The listing agent doesn't communicate we'll with my agent. They have been divorced for over 3 years.

Where did she say this is a HAP sale?  Not all military short sales involved HAP.  

Is this a VA loan?

Not VA loan or HAP.

I am sorry, but I do not agree with Jan. I mean in some things I do. It is a little bit more complicated, because of military, divorce, BoA, etc. But this is short sale. Nothing easy, quick about those. I know when there is no good communication, everything seems hopeless, but usually patience pays off at the end. It has been only four months. Just give it time. It seems ( with divorce ) that seller can definitely show hardship and that is the most important thing. I would not worry that much about time and wrong departments. If you won't have issue with price ( meaning that bank will come back with outrageously high counter offer), it most likely will work itself in the end. Good luck.     

Thanks Anna.... I believe our price is right house has mold issues. Which is okay with me because I have same years of experience in rehab. So know a little about short sale. I'm just a little frustrated because attorney didn't contact the bank once he received the property from the court to informed he was appointed trustee (seller) and we had it wait about a month and half with BofA legal to get that ok'd. The house was on the market for two months before we put a offer on the table.

Is attorney appointed by court to be trustee, the same attorney who negotiates short sale with bank? If the answer is - yes, does he/she has experience with short sales?  Maybe that is the whole problem...

Yes he has experience with short sale. He also handles foreclosure for a local community bank. Problem he works with a commercial real estate agent who doesn't and because the attorney is the seller we can only contact listing agent(lack of communication).

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