Replies to This Discussion

Permalink Reply by Ricky D. Ostrom on December 2, 2010 at 6:00am

Why would you not want the postponement, if you need the approval on the 2nd to close? Some new guidelines state that certain lenders will not allow additional postponements, so the negotiator sounds like they are trying to work with you, but need the request in your words in order to get the trustee sale delayed.

Permalink Reply by Ben Benita on December 2, 2010 at 6:14am

I LOVE that they had the nerve to ask you this....they are getting BRAVE!!!

Total BS that you contact the trustee, but, i would call and see what they say.

I would go over the negotiator's head to a supervisor or the executive office and see what they say......

Best of luck

Permalink Reply by John Theis on December 2, 2010 at 6:22am

Oh, we want the postponement. It's just funny that the negotiator told me to call Tiffany & Bosco to request the postponement. What's even funnier, is we told the negotiator - "we don't request the postponement" so, the negotiator then said..."have the sellers call then" ARE YOU KIDDING ME! So, for the sake of humor...we called Tiffany & Bosco to request postponement AND...they laughed! No joke! We knew it would happen. UUGGHHH! Does anyone have a contact info for a supervisor?

Permalink Reply by Ben Benita on December 2, 2010 at 6:27am

just CLASSIC ding dong negotiator move.....imagine if all any of us had to do (or the homeowner as alluded to above) was call the foreclosure trustee to stop an auction....IT WOULD GO ON FOREVER!!!

Let's Play:

Homeowner:
"Hi, Mr. Trustee, yeah, that upcoming foreclosure date is no good for my family and I, I am going to need you to push that back about 6 or 8 months while I keep living here for free.....thanks......and Merry Christmas!""

HA HA HA HA HA HA!!!!

Permalink Reply by John Theis on December 2, 2010 at 6:38am

LMAO!!! That is funny, Ben!! It's stuff like this that makes sellers & agents throw in the towel.

Permalink Reply by Ben Benita on December 2, 2010 at 7:11am

that is why I can stay in business.....negotiating with these clowns all day so you don't have to!!!!

It is amazing, I actually had a negotiator at Wells ask ME what a BPO was!!!!

I called in and asked if the BPO had been done yet, she said "what is that"?

I TRIED to be nice, but come on, you are a short sale negotiator for a HUGE bank and have no idea what a BPO is?

She ended up telling me her and dozens others had just been pulled over from some other deparmtent to help with short sales, so, it kinda made sense, BUT, know that is what you are dealing with (much like the ding dong that told you about cancelling the forecclosure)!!!

Best of luck!!!

Permalink Reply by Wendy Brandel on December 9, 2010 at 3:48pm

The Trustee needs the directive to postpone the foreclosure to come from the Lender.  The fact that the negotiator requested that you (the agent) contact the Trustee to stay the auction suggests 1) either they are clueless about the protocol, 2) they hope that you'll follow their instructions and when it all falls apart the onus is on you or 3) they are so disgusted with the whole process that they really don't care what happens.  Either way, I agree with an earlier comment to take the matter to their supervisor and advise the Seller to contact the Lender to persuade them to order the postponement.  It's worked for me in the past.

On top of that I'd be more than happy to jump in and work on postponing auctions if I knew it wouldn't be a waste of time.  I guess I'm just old school...you do your job and I'll do mine!!

By the way, whatever happened...was the foreclosure postponed?...

Permalink Reply by John Theis on December 9, 2010 at 4:12pm

I am still laughing about this.  We went back to the Negotiator & insisted that she do it & that we CAN'T! Nor can the seller ...and I reminded her that she had done it for us previously. Good grief!  We have tried to escalate it but we can't get pass the gate keeper...any suggestions?

Wendy Brandel said:

The Trustee needs the directive to postpone the foreclosure to come from the Lender.  The fact that the negotiator requested that you (the agent) contact the Trustee to stay the auction suggests 1) either they are clueless about the protocol, 2) they hope that you'll follow their instructions and when it all falls apart the onus is on you or 3) they are so disgusted with the whole process that they really don't care what happens.  Either way, I agree with an earlier comment to take the matter to their supervisor and advise the Seller to contact the Lender to persuade them to order the postponement.  It's worked for me in the past.

On top of that I'd be more than happy to jump in and work on postponing auctions if I knew it wouldn't be a waste of time.  I guess I'm just old school...you do your job and I'll do mine!!

By the way, whatever happened...was the foreclosure postponed?...

Permalink Reply by Wendy Brandel on December 9, 2010 at 5:18pm

Since the negotiator is not opposed to a postponement but refuses to contact the Trustee and you know that the Trustee needs authorization from the bank to halt the auction....I'm wondering how you can get the authorization through?..  Would a letter from the bank negotiator's on the bank's letterhead to the Trustee suffice (don't laugh it's late and I'm losing brain power)?..  The negotiator emails the letter to you and you fax the letter to the Trustee showing the banks email address/contact info. After it's delivered call the Trustee to explain the situation maybe they'll work with you.  There must be someone way around this.  I would have the Seller call the bank and plead if all else fails.

By the way, how do the banks communicate with the Trustees to postp0ne the foreclosures?..  They must use internal channels.  If there was a way to tap in and intercede that channel then there might be a shot.