by Mike Rockwood
If the value of your home has declined below the amount you owe on it you are said to be “upside down” or “underwater”! Both terms conjure up negative thoughts, and, rightly so. With all the due diligence you put into the purchase, and all the business acumen, actuarial smarts, underwriting/appraising and brokerage experience put into the lender’s decision to accept the home as collateral it’s a strange thing indeed that the deal went south. But, it did go south. In fact nearly 20 million homeowners in the US are facing this scenario right now. It’s psychologically bad for all of them. It’s financially bad for those who must sell because of a job loss, reduction in pay, divorce, death or other reason. For them, it’s a financial disaster.
A short sale can be an excellent workout solution for homeowners who must sell and owe more on their homes than they are worth. Of course, the lender has to approve such a sale because they have accepted the home as collateral for the debt. How it works, what becomes of the “forgiven” amount, what you tax liabilities are and how to be protected from future deficiency suits are the right questions to ask. In this article I will address the first one
How Short Sales Work
The short sale works just like a traditional sale except for one important added step. When a good buyer is found the deal is sent to the lender as an application for a short payoff. The application includes an explanation of your situation, the offer and a settlement summary called a HUD-1.
The HUD-1 Settlement Statement also shows payoffs for junior lienholders like 2nd Mortgages, tax liens, etc.
The lender’s Loss Mitigation department evaluates the application. They get their assessment of the value of the home and the buyer. Generally, this process takes about 30 days but it can take much longer. The longest short sale I have worked on took 26 months. The fastest one took 60 days from listing to close.
People seem to be getting more familiar and more comfortable with short sales. However, some misconceptions still exist. These are the most common.
Myth 1 - Lenders prefer foreclosure to short sales
This is a common error. The reality is that banks do not want to foreclose on your property because the process is lengthy and costly. After all, the lender has to sell the property on the market eventually. Banks lose less through a short sale than a foreclosure.
Myth #2 - You Must Be “Late” on Your Mortgage to Negotiate a Short Sale
This is not true. The factors considered are whether or not the offer is reasonable and whether or not the buyer seems qualified.
Myth #3 - There is Not Enough Time to Negotiate a Short Sale Before the Trustee Sale (Sheriff’s Sales)
This is a myth that probably hurts homeowners the most. Many do not realize that foreclosure is a process, and that there is time to stop a trustee sale right up to the day of the sale. I have convinced trustees to phone the auctioneer to stop the sale the very morning of the auction (not recommended!).
Lenders appreciate the advantage of a sort sale. Not only is it better for them financially and politically, it is better for the owner (faster credit score recovery) and better for the community (vacant, foreclosed REO homes). Therefore lenders typically welcome a short sale application as an alternative to foreclosing and will delay the foreclosure process to evaluate your application.
4. Embarrassment
O.K., maybe two years ago in snooty neighborhoods…but today? You must be joking. google how many homes have sold short in your state or county. It’s all around you and it’s a function of the market not your personal anything.
5. Good Buyers steer clear of short sales
The opposite is true. Smart buyers and smart agents know that there are great deals to be had in short sales.
Short sales will continue to be an important part of the housing market stabilization. They are better than foreclosure, for all parties involved.
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