Since 2009, Case By Case has worked exclusively with bankruptcy trustees and secured creditors to settle debts on real property. We are experts at maximizing the return to secured creditors and providing a carve out to the bankruptcy estate for the benefit of the unsecured creditors.
Our team works with mortgage holders, judgment creditors, HOAs and other parties on title to arrive at an agreed distribution of funds upon the closing of a real property sale.
By taking what have historically been no-asset cases and creating a return to unsecured creditors, Case By Case creates a win-win situation for all parties.
The amount available to the bankruptcy estate varies according to the property value. We have had consistent success in obtaining a minimum of $15,000 for properties valued under $220,000 and $20,000 for property values between $220,000 and $400,000. For higher value properties, the carve out is set at 5% of the purchase price, subject to any statutory limits.
Often, it’s simple to identify a case that might be a good match for us. Any over-encumbered real property with a value of at least $150,000 is something we can evaluate for you. There is no charge for the evaluation and turn-around time is typically about 3 business days. If you approve of our proposal, we move on to the next stage.
We routinely partner with real estate brokers in the immediate area of the property. These marketing agents handle the boots-on-the-street portion of the sale; installing a sign and lockbox, obtaining marketing photos and inputting the property on the local MLS. Both Case by Case and the local brokers are hired on the case.
Our team handles the communication with the local broker; from assisting them with the hiring paperwork to fielding questions from interested buyers regarding the sale process. The Purchase and Sale Agreement for any accepted sale provides contingency for the trustee to cancel the sale without penalty in the event of non-agreement by the secured creditors, unexpected tax ramifications, or lack of approval from the UST or Bankruptcy court. Although local addenda are often included, language indicating that the purchase and sale agreement shall prevail in the event of any conflict between the two is always included.
When we have received approval from the secured creditors, your office will be provided with the details necessary to note the sale up for court approval.
When we have received approval from the secured creditors, your office will be provided with the details necessary to note the sale up for court approval.
We strive to provide an efficient and transparent process for your short sales. There is never a cost to you for our services. Our commitment to consistency, use of technology and our skilled negotiation team create an unparalleled service for trustees.
Monthly and Annual reports with complete details for each case status to ease your reporting requirements
Case specific correspondence for streamlined record keeping
Thorough market evaluation to help you determine viability of sale
Detailed property condition reports at list date
Full completed sales file in hard or electronic copy
Detailed records for any cancelled/unsuccessful sales
Commitment to above-and-beyond compliance for local agency rules, landlord/tenant concerns, state and federal regulations
Competent with declaration language for proposed sale motions, response to objections, and marketing narratives.
Timely processing of all necessary documentation
Prompt and courteous communication with all parties
Local experts for each market area
Dedicated, informed staff member for each of your cases
If the property is occupied by the debtor, we will work with them to fit the process to the needs of the household, if at all possible. We are very respectful and accommodating to any special requests. Typically, the debtors are able to remain in the home 4-6 months after we list it. We remain in contact with them and their attorney regarding timelines.
If the property is occupied by a tenant, we are able to work with them as well. Often it is in our best interest to keep a tenant in the property. For security reasons, as well as to keep maintenance issues to a minimum. In exchange for their cooperation, we often discount the rent by 20-30%. This discount is offered if they cooperate with real estate agents who want to show the home and they are willing to keep the property up.
When we recieve an acceptable offer on a property, you will sign as the seller on all contract documents. The sales agreements can be the standard, state specific forms with a bankruptcy rider attached. The bankruptcy rider states that the sale is subject to approval of the court and will be signed by all parties. We also have a standardized offer packet that we encourage Trustees to use. This offer packet was drafted by an attorney who works specifically with Trustees. It significanlty reduces the liability a Trustee has. If you wish to review our offer packet, let us know and we'll send you a copy.
When you have a case with real property that the debtor is surrendering, or if it is determined during the course of the bankruptcy that they will be unable to afford to retain the property, we can immediately help you assess the benefits of selling the property. Our level of involvement at this phase varies based on the preference of the individual trustee. Some trustees prefer that we evaluate properties prior to the 341 meeting, in order to determine if additional questions need to be answered at that time. Others ask for our analysis only after the 341 has been completed and they have confirmed that the properties are being surrendered.
Once you have identified a property, you can move to the next phase by calling or emailing. We will complete a market valuation, and identify any red flags that could make the sale impossible to complete. We will also give an estimate on how long we believe it would take to close a sale on the subject property. Should you choose to continue, we will provide you with a declaration of no conflict, so that you can hire us for that case.
Currently we are licensed real estate agents in Washington and Arizona. In states where we are not licensed we partner with local agents. We train the agents we partner with on the needs of the bankruptcy estate and the needs of the Trustee. Unless otherwise instructed we'll be the liaison between you and the agent.
Once we've received the Courts granted order to employ, and yo'’ve given us the green light to proceed, we will start the process of listing the property with the local multiple listing service.
Title review is another aspect of the listing process. We carefully review title to make sure there are no clouds on record that might keep any transactions from closing. We also take special interest in other parties who have a recorded interest in the property, including non-filing spouses, ex-spouses, and any tenancy in common interests.
Depending on the multiple listing service rules and regulations any specific verbiage that you want included will be added to the listing contract, or will be required as an addendum to any purchase contract that is submitted.
As soon as we are hired on a case, we begin researching all parties with an interest in the property. We prepare all necessary forms and reports that will be required by the investor, servicer, MI company, HOA or utility companies. Then, when we have a ratified contract, we are able to submit a complete short shale package to the appropriate parties within 72 hours. The case is then assigned to one of our in-house negotiators who will manage the sale through the closing of escrow.
We have worked with all the major servicers, as well as working directly with FMNA, FDMC, USDA, FHA or VA. During the course of the approval process, the negotiators communicate with the servicer and the cooperating broker on at least a weekly basis. The negotiator coordinates bank-ordered appraisals, value disputes and ongoing management of the file.
All interaction are documented and available for your review. Out of respect for your busy schedule, you will only hear from our team if there are additional documents that need your approval or if we feel it is time to file a motion for sale. This usually occurs just before we receive the written lienholder approval. We also negotiate with HOA and other liens that are required to be cleared prior to closing. Based on your direction, these additional settlements can be structured to either allow or disallow the creditor to make claims on any of the recovered funds.
The approval from the lien holder is usually good for no more than six weeks, so ideally we will have an approved order for sale not long after the bank approval letter. The average time from ratified contract to an approval letter from the lienholder is 90-120 days.
There are numerous factors that can delay a closing. Often the price is not accepted the first time and we need to wait for a higher offer or show a longer market time in order to come to agreement on price. Other times, the buyer is unable to complete the transaction and the property goes back on the market. Average list date to close date is 9 months.
At any point in the process you may request a status report on any case at any time.
Court approval is the domain of the Trustee. However, we do try to make it as easy as possible for you to present a motion to sell to the Bankruptcy Court Judge.
Most contracts include an inspection addendum. Ours contains a clause that allows the buyer to inspect the property, but on a pass / fail basis. If the buyer decides to move forward with the transaction, its with the understanding that they are fully aware of the problems, if any, and that no repairs will be done, nor will compensation for any repairs be extended. Inspection is waived with this contingency, or the transaction is cancelled.
Once our negotiators are aware that the lien holder will be sending an approval for the short sale, they'll contact you and/or your attorney and request you note-up the file. You'll be sent a title report, HUD-1 statement, and the purchase and sale contract so that a motion to sell can be prepared.
For one, the amount we are able to return to the bankruptcy estate is significantly higher in most cases. That is primarily because Case by Case is not involved in selling properties at a discount. Rather, the real property is marketed to as wide an audience as possible, just like a non-distressed property would be. With our documentation of comparable sales and reputation of achieving top dollar for the sales, the return to all parties is greater than average.
Selecting the appropriate property to try this on is key. Our team can help you identify the key elements that would make a property the ideal test candidate.
The best candidates are obviously the properties where all interested parties are in approval of the proposal. Often, through our process, secondary creditors who may have originally opposed the settlement will reach an agreement with us.
Case by Case has worked all major and dozens of smaller servicers. We also have successfully worked with FNMA, FDMC, USDA, FHA and VA. We've negotiated with all parties of interest; investors, servicers, mortgage Insurance companies, HOA and Utility companies- as well as private holders of judgments.
Although this would be rare, if we cannot get an agreed settlement, the listing is cancelled and the trustee can abandon the property. There is never a charge to the estate in this scenario.
When the property is occupied by the debtor, we will work with them, or through their counsel, to accommodate the needs of their household to the greatest degree possible. This includes coordinating showing times, marketing walk throughs, appraisals and more. They will be kept informed with regards to the timeline for vacating the property. When occupied by a tenant, if granted permission by the trustee, the same communication and professionalism can be expected. Our team prides itself on our reputation of creating a respectful and productive process for the occupants of estate property.
All of our sales are as-is. Although the buyer has the right to inspect the property, and back out should they so choose, all accepted offers are with the express condition that no repairs or credits will be offered by the trustee as the seller.
An easy case can go from initial contact to closed in 60-90 days. However, most settlements take a few months to fully negotiate. Our team submits the settlement proposal to all interested parties within 3 days of confirmation of a ratified contract. The average time for approval from all parties from that point forward is 90 days, and then the court approval will likely take another 30-40 days to process. Many other factors can lengthen the process, but our average list-to-close time is 150 days.
It's quite common for us to work with creditors who have already obtained relief from stay. In rare cases, they will choose to proceed with foreclosure, but often they are amenable to our marketing process.
Our Red Flag review takes place early on. We are proficient at identifying and communicating with non-filing or ex spouses, as well as other interested parties who may have an ownership interest. By the time you are ready to seek approval of the court, those concerns will have been identified.
