Short Sale Fiduciary - what do you think it means? Me, it's a position of trust to my "Seller" not the short sale bank.
I was reading an earlier post today in which a comment stated that due to fiduciary obligations they were submitting ALL short sale offers to their seller's lender. I disagree with this view and can only ponder why they would think this.
Fiduciary: ...requires the highest level of good faith, loyalty and diligence of a fiduciary, higher than the common duty of care that we all owe one another. ... - TO YOUR SELLER - NOT THE BANK. The bank is not the principal.
The position of the bank is obviously very important for a successful closing on a short sale. But dealing with them is no different that dealing with any other creditor when you are trying to accomplish a negotiated amount that Best Serves All Concerned. Think of it as if you had an IRS lien or a judgment and the seller wanted to negotiate a lesser payoff than the stated amount (this happens all the time) - it would never cross our minds to provide those creditors with copies of all possible contracts. It is NOT their home to sell and NOT the banks position to choose.
By providing the lenders with ALL OFFERS we have effectively minimized and/or harmed our seller's negotiation position in the transaction. Additionally, we may very well damage the transaction to such an extent that it may never close.
How could we possibly say that the fiduciary obligation to the seller is served in this situation?
ActiveRain Corp. is not responsible for the accuracy of the site's content (which is written by members of the ActiveRain Real Estate Network) and does not endorse the views of the real estate agents, mortgage brokers, and others listed here.
Powered by the ActiveRain Real Estate Network
© 2009 ActiveRain Corp. All Rights Reserved