How To Do Short Sales
Why Would a Lender Do a Short Sale?
There are many ways to lose a home but signing away
ownership in a manner that destroys credit, embarrasses the family and strips an
owner of dignity is one of the hardest. For owners who can no longer afford to
keep mortgage payments current, there are alternatives to bankruptcy or
foreclosure proceedings. One of those options is
called a "short sale."
When lenders agree to do a short sale in real estate, it
means the lender is accepting less than the total amount due. Not all lenders
will accept short sales or discounted payoffs, especially if it would make more
financial sense to foreclose; moreover, not all sellers nor all properties
qualify for short sales.
For your protection, I suggest that all
borrowers you research and read the following:
- Obtain legal advice from a competent real estate lawyer
and a short sale real estate agent at New Visions Realty LLC Chick here
.
- Call
an accountant to discuss short sale tax
ramifications.
- Fannie Mae
recently released updated underwriting guidelines for new mortgage loans that
directly address individuals with various types of foreclosure history.
Potential borrowers with a foreclosure on their credit record must wait 5 years to
be considered for new funding, and are subject to additional credit and
down payment requirements for 5 to 7 years. Deed-in-lieu-of-foreclosures warrant
a 4 year wait with additional requirements for 4 to 7 years. Finally, the
silver lining...Short Sales require only a two year wait with no
additional requirements. These new guidelines make short sales a more attractive
option for homeowners as well as provide realtors with a tremendous opportunity
to assist distressed homeowners with a short sale AND future home ownership.Download Fannie Mae Guidelines
Here
As
a real estate agent, I am not licensed as a lawyer nor a CPA and cannot advise
on those consequences. Except for certain conditions pursuant to the Mortgage
Forgiveness Debt Relief Act of 2007, be aware the I.R.S. will
consider debt forgiveness as income, and there is no guarantee that a lender who
accepts a short sale will not legally pursue a borrower for the difference
between the amount owed and the amount paid. In some states, this amount is
known as a deficiency. A lawyer can determine whether your loan qualifies for a
deficiency judgment or claim.
Although all lenders have varying requirements and may
demand that a borrower submit a wide array of documentation, the following steps
will give you a pretty good idea of what to expect taken form various lenders I
have work in short sales in the past.
New Visions Realty LLC goal is to help you keep your
home! However, if you have suffered a hardship and you are too far
behind or your home is worth considerably less than what you owe, you may
qualify for a short sale to avoid foreclosure! A short sale is when the lender
accepts less than the full amount due on the mortgage when a home is sold.
Usually a lender finds a short sale more cost effective than foreclosing
and they actually come out ahead. WE will work directly with the
bank and will be dedicated to one thing...to Get Your Bank To Approve A
Short Payoff!
Please note that the following work
will be done for FREE from the Seller while
working with a New Visions Realty LLC agent or NSIC represenitive that has been
AE™ Certified by the National
Strategic Investment Corporation. All of our AE™ Certified team
assist you to determine the feasibility of any financial
plan or a short sale in real estate, present or future, is
considered. Click here for their
help .
- Call the Lender
You
may need to make a half dozen phone calls before you find the person
responsible for handling short sales. You do not want to talk to the "real
estate short sale" or "work out" department, you want the supervisor's name,
the name of the individual capable of making a
decision.
- Submit
Letter of Authorization
Lenders
typically do not want to disclose any of your personal information without
written authorization to do so. If you are working with a New Vision Realty
real estate agent, closing agent, title company or lawyer, you will receive
better cooperation if you write a letter to the lender giving the lender
permission to talk with those specific interested parties about your loan. The
letter should include the following:
- Property
Address
- Loan
Reference Number
- Your
Name
- The
Date
- Your
Agent's Name & Contact Information
- Preliminary
Net Sheet
This
is an estimated closing statement that shows the sales price you expect to
receive and all the costs of sale, unpaid loan balances, outstanding payments
due and late fees, including real estate commissions, if any. Your closing
agent or lawyer should be able to prepare this for you, if you do not know how
to calculate any of these fees. If the bottom line shows cash to the seller,
you will probably not need a short sale.
- Hardship
Letter
The
sadder, the better. This statement of facts describes how you got into this
financial bind and makes a plea to the lender to accept less than full
payment. Lenders are not inhumane and can understand if you lost your job,
were hospitalized or a truck ran over your entire family, but lenders are not
particularly empathetic to situations involving dishonesty or criminal
behavior.
- Proof
of Income and Assets
It
is best to be truthful and honest about your financial situation and disclose
assets. Lenders will want to know if you have savings accounts, money market
accounts, stocks or bonds, negotiable instruments, cash or other real estate
or anything of tangible value. Lenders are not in the charity business and
often require assurance that the debtor cannot pay back any of the debt that
it is forgiving.
- Copies
of Bank Statements
If
your bank statements reflect unaccountable deposits, large cash withdrawals or
an unusual number of checks, it's probably a good idea to explain each of
those line items to the lender. In addition, the lender might want you to
account for each and every deposit so it can determine whether deposits will
continue.
- Comparative
Market Analysis
Sometimes
markets decline and property values fall. If this is part of the reason that
you cannot sell your home for enough to pay off the lender, this fact should
be substantiated for the lender through a comparative market analysis (CMA). Your real
estate agent can prepare a CMA for you, which will show prices of similar
homes: Click here for a CMA
- Active
on the market
- Pending
sales
- Solds
from the past six months.
- Purchase
Agreement & Listing Agreement
When
you reach an agreement to sell with a prospective purchaser, the lender will
want a copy of the offer, along with a copy of your listing agreement. Be
prepared for the lender to renegotiate commissions and to refuse to allow
payment of certain items such as home protection plans or termite
inspections.
Now, if everything goes well, the lender will approve your
short sale. As part of the negotiation, you might ask that the lender not report
adverse credit to the credit reporting agencies, but realize that the lender is
under no obligation to accommodate this request.
Again, Time is not on your side! Every day
that you delay could mean that another door to one of your options has been
closed! If your home is in Western Puget Sound, Washington state areal, We
can help! Please call me today for a free consultation. It is totally
free with no obligation...I will never charge you anything! You may call
me directly on my cell phone to arrange a consultation at 800-710-2507. My
consultation is totally confidential so please don't hesitate
to contact me. If you would like me to contact you, simply C lick here and fill out the
form.
Ron Kimball, REALTOR. "A Internet Realtor"
Serving all of Kitsap & Pierce & Mason County,
WA

New
Visions Realty LLC
1616 Ellis Court,
Suite 218|
Port
Orchard,
WA
98367
Voice
(360) 633-0000 | Fax (866 ) 929-6059 | Toll Free (866) 605-4525| Cell (360)
710-2607
E-mail: ron@ronkimball.com
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