Does this scenario seem familiar? You've lost that high-paying job you thought you had tucked in your pocket; your finances are upside down, you miss a couple mortgage payments and now your home is in pre-foreclosure. You owe more money than the home is worth. You're not sure which direction to turn or what strategy to adopt to escape this difficult situation. You're looking for help from someone who has mastered the art of saving people from real estate peril. You need someone to help you with the details of short sales.
Real estate short sales are a process which basically means selling a piece of property for less than is owed. This enables the seller to sell his house while in pre-foreclosure, enables the lender to at least get a good chunk of their investment back and enables the buyer to procure a beautiful home for a lot less money than usual. Short sales are another way of saying let's make a deal.
The headaches and ominous black clouds of foreclosure are increasingly common in cities across California, but banks do not really want homes to go past pre-foreclosure. Banks are not in the real estate business. It's just too much time, struggle and money for them to go all the way. A good real estate agent guides you through the steps needed to make short sales happen.
Typically, a person will call the lender a half-dozen times or more before contacting the person who is in charge of short sales. Ask for a supervisor so that you deal with someone with the authority to make a decision. Don't let the lackeys give you the run around. Of course, with a great agent, you avoid some of the more common headaches of short sales.
If you choose to use an agent to assist you with a short sale, you'll need to give them the proper authorization. A letter containing your name, the current date, the address of the pre-foreclosure home and the reference number of the loan should suffice. Also include the name and information of your agent so that the lender may contact them. The lender will be far more cooperative and willing to discuss personal information with your agent when they've been given proper authorization from you.
Another letter that you must write is a letter of hardship. You'll need to explain what has happened to cause your upside down situation. Did you lose your job? Were you incapacitated and unable to make ends meet for a while? The letter of hardship is a way to put a human face on a pile of missed payments.
From bank statements to pay stubs, the lender will want to see them all to assess your situation. But don't let their monolithic features intimidate you; lenders are humans just like you or I. Quite likely, especially in California where many homes have been going into the pre-foreclosure, they know someone personally in a situation similar to yours. Turn to an expert and let them ease your fears during the short sales process.
After 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.
If you are considering buying a , there could be drawbacks. For your protection, I suggest that all borrowers:
* Obtain legal advice from a competent real estate lawyer
* Call an accountant to discuss short sale tax ramifications
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.
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 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:
*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.
Both Kari Shea & D.c. Fawcett are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.
Kari Shea has sinced written about articles on various topics from Real Estate, Loans for Home Improvement and Real Estate. Mark and Kari Shea, of , are accomplished business professionals and community leaders in the San Diego, California area. With more than 45 years of colle. Kari Shea's top article generates over 5400 views. to your Favourites.
D.c. Fawcett has sinced written about articles on various topics from Real Estate, Mortgage and Foreclosure Help. The author is a business building coach to The Foreclosure Industry. ?>Real Estate Foreclosure is pr. D.c. Fawcett's top article generates over 2900 views. to your Favourites.
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