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can a va short sale be appeal for value dispute

by vicki.griffin923 from Birmingham, Alabama. Oct 28th 2015 Reply


William J Acres (William_Acres)
#2 ranked lender in Arizona - 7,933 contributions

Your question is confusing.. So I'll just try to inform you as to how a short sale works. part of the short sale process requires the property be fairly marketed.. and when it's marketed, then the general public has an opportunity to make an offer.. it's the lenders responsibility is to obtain as much as possible within a reasonable time frame.. Once offer's are obtained, then they are forwarded to the lender.. and the lender reviews them and makes a determination if the offer is fair, but before they ever entertain an offer, they contact a local real estate agent (different from the agent listing the property for sale) and obtain a property valuation estimate called a BPO (Brokers Price Opinion), so they know going into it what the properties value is... It's also possible the lender will send someone out to inspect the property to look for any deficiencies that might affect the value negatively.. Because VA doesn't actually lend money (they insure loans against default) they have no say in what the property is sold for.. all of the processes for foreclosing and insurance claims are know to both the VA and the lender before a loan is ever issued.. This streamlines the whole process so the sale can be expedited... the lender obviously has to work in good faith otherwise they would jeopardize their ability to continue to do VA guaranteed loans and they could also be sued or fined if they went outside the rules.. The only way you might have a claim is if you could prove fraud. If we go back 6 or 7 years, the largest type of real estate fraud was with real estate agents dealing with short sale properties.. they would get a short sale listing, and get all the paperwork done, market it for sale, and inform their investor/partners about the property.. they would receive multiple offers on the property, but the only offers that were given to the lender for consideration were the offers that came from their partners.. This process was short lived because the lenders caught on and started to prosecute these offenders and now it's no longer an issue... Understand that when a property is foreclosed on, it's considered a distressed property and it sells for way less than it's worth because the buyers are having to purchase the property sight unseen... Short sale properties are also considered distressed properties.. Typically, the seller is not willing to do any work to the property to get the maximum value, so although it will typically sell for more than a foreclosed home, it also sells for less than it's worth.. Anyway, I hope this helps explain.. and if you feel that there is a reason to be concerned about real estate fraud, you can contact the FBI or the CFPB.. I'm a Broker here in Scottsdale AZ and I only lend in Arizona. If you or someone you know is looking for financing options, feel free to contact me or pass along my information. William J. Acres, Lender411's number ONE lender in Arizona. 480-287-5714 WilliamAcres.com NMLS# 226347

Oct 28th 2015
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Derick Condron (rightstartoregon)
#32 ranked lender in Oregon - 597 contributions

Are you asking if the seller of the home can dispute the value of an appraisal or if the buyer can? If its the buyer there is a specific set of steps you need to go thru by inducting "tidewater". If you are the seller you should speak with your servicer about the dispute

Oct 28th 2015
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