The following steps are to be used as a guideline to consider before submitting your property to a lender for a short sale. It is recommended that you consult a legal adviser before involving yourself in any real estate transactions.
All the steps you need to know:
1. Determine Fair Market Value (FMV)
2. Evaluate Sold Comps Systematically
3. Reveal the ARV (After Repair Value)
4. Figuring out the Lenders BPO
5. What is The House Type?
6. Learning the Loan Types
7. Memorizing the Percentages
8. How to Deal with Junior Lien Holders
9. In Closing
The FMV can be determined by evaluating sold, comparable properties in a similar or close proximity to the subject property. Realtors have access to what is called the MLS (Multiple Listing Service). This service provides an inventory of properties available, sold or pending a sale. This analysis will identify sold comparable properties with same square footage, bedrooms, baths, garage and other similar characteristics. Request the Realtors use a sold time frame within 6-12 months when pulling properties in the immediate or surrounding areas. Usually the short sale lender will not consider any sold comparables that are older than 12 months and that are further away than 2 miles from the location of the subject property.
2. Evaluate Sold Comparables Systematically
Contrary to popular and often misguided belief; you can use a formulaic system to work in your favor when determining what to offer on the short sale property. The way this works is like this
Let's say you have eight sold comparables. You would take out the two highest comps and the two lowest ones and average the rest.
EXAMPLE:
You have a property you think is worth $145,000.
A Realtor pulls a CMA and you find eight sold comparable properties.
The MLS (Multi Listing Service) shows the following sold property values:
When you use the formulaic approach you would take the two highest sold comparables ($159,000 and $161,000). Then take out the two lowest sold comparables ($143,000 and $146,000). This would leave four others comps.
$154,000 $153,000 $148,000 $151,500 -----------
You would then take an average by simply adding up the sum of all the sold comparables and dividing them by the total number of properties left. In this case, that number would be four.
Total: $606,500 divided by 4 = $151,625
You can reasonably justify the house may sell for $151,625 instead of the $145,00 you originally estimated.
3. Reveal the ARV (After Repair Value)
This terminology is jargon or slang often used with real estate investors. FMV (Fair Market Value) is similar. The ARV is made up by the amount of repairs the investor thinks the property needs in order to sell quickly on the open market using FSBO (for sale by owner) techniques and not using the MLS.
It can be argued the ARV is more of a guess or suggested value derived by using sold comparables from houses that were NOT sold by a Realtor. One way to explain the difference is a Realtor will typically use a FMV (Fair Market Value) evaluation method. A real estate investor will consider an ARV (After Repair Value). An appraiser can use both value methods, but generally sticks to the ones that come from off the MLS. The ARV is a less accurate and dependable value than what come off the MLS. It doesn't hurt to know both.
(continue reading.. How to Short Sale Real Estate and Get Your Offer Approved - Part 2 of 3)
Copyright (c) 2008 Cory Boatright
How To Buy A Short Sale
When you are negotiating a short sale or note purchase through the bank on a defaulted property it’s easy to overlook the possibility of a mortgage judgment being filed against the homeowner after the sale. It can be common practice for a bank to file a judgment against homeowners fro the remainder of a mortgage after a property has been sold for less than its mortgage.
A typical short sale involves negotiating with the bank to let you buy a property at a lower price than what is left owed on the mortgage to the homeowners. This allows you to pick up a property cheap, the bank to unload a mortgage that the homeowners just can’t make payments on and the homeowners to get out from under a mortgage that’s downing downhill fast.
What Happens after the Short Sale?
Sometimes you’ll find that the homeowners don’t get away from this deal as Scott-free, as they were led to believe. The bank may say okay, we’ll let you buy this mortgage or this property for say $60,000 when the homeowners still owe $100,000, but we’re also going to court later on to get a judgment against the homeowner.
This judgment against the homeowner basically says that the now former homeowner still owes the bank $40,000, which was the amount of the write-off the bank took on the sale of that property to you. That judgment will remain attached to the homeowner for 2 years and can really mess up their ability to get into a new home. It can also attach to another house that the homeowner buys after selling you the property. So the homeowner automatically gets a $40,000 debt tacked onto their other mortgage.
The bank can also decide not get a deficiency judgment against the homeowner for the write-off on that defaulted property. While you are negotiating with the bank for that property you can also negotiate with them to not get that mortgage judgment against the homeowner. When the bank doesn’t get a judgment, it is required to send out a 1099 form to the homeowner. This 1099 form shows the $40,000 write-off by the bank as income for the homeowner for that year.
What to Do about the 1099 Form?
As you can imagine, most homeowners will be terrified by this possibility. Either they get a deficiency judgment against them for the remainder of the mortgage or the IRS views that $40,000 write-off as income. Be sure to tell the homeowner, that when they get this 1099 Form they need to see their CPA or someone who is certified to do their taxes.
The CPA will be able to tell them how to work with the IRS, so that this 1099 isn’t shown as income. The homeowner may qualify for an ‘exclusion’ from the 1099 for selling their own home if they have lived in that home for the past 2 out of 5 years.
In addition, there is a Form 982 that the homeowners may be able to fill out that shows they are ‘insolvent’ and have no funds from this sale. If they qualify through this form the IRS may not require them to pay taxes on that $40,000 write-off.
Don’t blame the banks for this little predicament that can pop up and ruin the homeowner’s deal. They are required by law to get a judgment against the homeowner or to send out a 1099 form to the homeowner. Just make sure that you lee the homeowner know in advance that if they take the short sale or note purchase deal they will face one of these two possibilities.
Both Cory Boatright & Judson Voss 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.
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