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#349988 - 08/31/10 07:57 AM Has anyone here done A-->B-->C short sale?
vk60546 Offline
Member

Registered: 06/05/06
Posts: 207
Loc: Office is in Naperville, IL
A means the original seller, B is the shadow buyer who really intends to sell to C.

I've read that Nathan Jurewicz, a Licensed Real Estate salesperson does these using options.

But i'm hazy on the details as to how he can advertise for "C" buyers using the MLS.

I searched the web for additional requirements:

http://ezinearticles.com/?Closing-Short-Sale-Deals-With-the--A-B-C-Transaction&id=2825630

Quote:
1. There are no violations of any restrictions listed in the short sale payoff letter or closing instructions.

2. There have been no misrepresentations as to the value or ownership of the property to the existing lender, the new lender, or the purchaser.

3. All disbursements must be made exactly as stated on the HUD-1 settlement statement, and only to parties involved in this specific transaction.

4. Each half of the simultaneous closing must be kept separate and stand on its own. The sale from A to B must be fully funded and disburse with money coming from and going to all appropriate parties. The sale from B to C must also stand on its own. The money from C's lender must not be used to fund any portion of the A to B transaction.


i'm curious how would I find some of these in my MLS? And whether any of you have seen this in your practice.

Thanks.

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#351411 - 09/14/10 07:50 PM Re: Has anyone here done A-->B-->C short sale? [Re: vk60546]
BK Estates Offline
Member

Registered: 07/25/10
Posts: 247
Loc: SoCal
You probably should ask this in the Short Sale Forum. In my opinion, Nathan and everyone else pushing these systems are scammers. I think they probably make a lot more from selling systems than from real estate transactions.

The only way Nathan's system would work is if you found the seller before the property was listed on the MLS. Then you could make an agreement with the seller and put it on the MLS for the B to C transaction. That might be legal. You should probably consult an attorney before trying it.

In practice, there are a lot of these deals on the MLS where the realtor has the straw buyer in place, and they are trying to find the end buyer while the property is listed under the A seller. I know this is confusing, but that's because it is probably illegal, and they want everyone to be confused.

Realtors are risking their licenses by getting involved in these deals, because they could be committing mortgage fraud. This is because they tell the lender that the house is worth $100 when they know it is worth $150. Unethical to say the least.

They say this is a win-win situation for all involved, but the only winners are the agents and the "investors". That's in quotes because they don't invest anything. They just get in the middle of the deal and take a profit. The bank and the sellers are losers in these deals.

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#351426 - 09/15/10 12:26 AM Re: Has anyone here done A-->B-->C short sale? [Re: BK Estates]
super realtor Offline
Major Contributor

Registered: 05/01/05
Posts: 8391
Loc: georgia
The more hair brained a transaction the LESS chance of it actually happening.

Payoff for investor if it does is HUGE and they are searching for a needle in a haystack.Payoff for a broker/agent is SMALL and LIABILITY is huge.

I prefer VANILLA type so of deals.All of these investors with no money can go recruit some other clown for their scheme.

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#352119 - 09/22/10 10:55 AM Re: Has anyone here done A-->B-->C short sale? [Re: super realtor]
DeeVee Offline
Member

Registered: 09/16/08
Posts: 146
Loc: Denver Metro
These are "technically" legal here in Colorado, but I attended a class that warned that these transactions are being looked into.

The problem, as the agent to the seller, you have a duty to work in their best interest. So, if you know that buyer C is willing to pay $10,000 more than buyer B, then you're not really working on your sellers best interest, right? Since technically, seller can be either 1099'd or held responsible for the deficiency, your duty is to get the best deal.

I stay away from these. Too much liability!

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