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APRIL 22, 2008

New "short sale" scam taking root?

Predators always seem to find fresh prey, even when game is otherwise thin on the ground. That thought arose as I got a tip about a new get-rich-quick scam involving short sales.

Short sales occur when lenders agree to let home owners sell their properties for less than the mortgage balance. While the process involves debt forgiveness, banks often prefer short sales to the messiness of foreclosures.

Here's what's been happening in some less-than-transparent cases in the Tampa Bay area: Let's say a Realtor agrees to market a house for $150,000. A third party short sale company in cahoots with the Realtor convinces the bank to accept that price.

The Realtor then negotiates a $175,000 deal with a buyer behind the bank's and home owner's back. With a bit of financing and paperwork sleight of hand, the bank is presented with a closed sale for $150,000.

The Realtor and his accomplices make off with the $25,000 difference, money that by all rights belongs to the bank.

Some might argue that this is a normal property "flip." I beg to differ. The outstanding mortage on such a house might be $230,000. It smacks of fraud not to pass the full sales amount to the lender.

Let's be clear here: Most short sale rescue companies and short sale Realtors seem to be legitimate. But it pays to sniff out the bad eggs.

Realtors make money on commissions. In the scenario above, a full 6 percent commission on the $150,000 house would amount to $9,000. Isn't that enough? Apparently not.

   

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Housing market news is the focus of the (Un)Real Estate blog. It offers an inside look at the Florida housing market and real estate news, with a focus on Tampa Bay. Its goal? Simple: To help you keep a roof over your head without losing your shirt.

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