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UNDERSTANDING SHORT SALES

Here are common short sale mistakes we often see people make.

Common Short Sale Mistake #1: Not ordering a title search before negotiating the short sale.

Many people do all the work of negotiating a short sale payoff, only to find out that the property has liens or second mortgages. Many different things can attach to a property, including homeowner’s association fees, judgments, tax liens, levies, etc.

Make sure your agent orders a title search when your house is first put up for sale. That way everything can be factored in up front.

Common Short Sale Mistake #2: Unrealistic Pricing. Because of the threat of a pending foreclosure, short sales need to be done as quickly as possible.

If you price a property more expensively than similar homes, then buyers won’t be interested. As a result the home won’t sell and risks being foreclosed upon.

On the other hand avoid a low asking price. If the short sale offers are too low, they will be rejected by the lender.

I recommend finding the fair market value and listing the house at that price. Price adjustments can be considered on a regular basis from there.

Common Short Sale Mistake #3: Not using photos of the inside and outside of the home in marketing. Most buyers start their home search online. They browse lots of different websites looking for the one that works for them.

If a buyer likes the pictures of your home, then they will schedule a showing. But, if there are no pictures, then it is unlikely they will ever look at it. With all the homes for sale, they have lots of homes with pictures to choose from.

Common Short Sale Mistake #4: Not doing research to find the decision maker on the loan. Most loans are not owned by the lender you are dealing with. In fact, between 60% and 75% of all loans are owned or insured by Uncle Sam.

50-55% of all loans are owned by Fannie Mae or Freddie Mac. These two entities are owned or closely controlled by Uncle Sam. In addition, Uncle Sam insures mortgages thru FHA and VA.

In these situations Fannie, Freddie, FHA, or VA make the decision to approve or deny the short sale offer. Let’s say that your research shows that FHA insures the loan.

If you are familiar with the FHA short sale guidelines, then you know whether or not a short sale offer will be approved. The same goes with the rest of the loan types. Their guidelines for short sales are easily obtained.

Common Short Sale Mistake #5: Not understanding the short sale process. Most lenders have a similar short sale process.

However, lenders are busy. The short sale negotiator you are working with may have 200 files on their desk. They don’t have time to babysit everyone and explain the process.

Make sure the person dealing with your lender is familiar with the process. It can’t hurt if they have done short sale with that lender in the past.

Common Short Sale Mistake #6: Submitting low ball offers to the lender. Some buyers think that since a property is a short sale the lender will take any offer submitted. This is not true. Lenders are business people.

They have systems in place to reduce losses. The owners of the loans also have rules about what type of offers to accept or reject.

Before they can approve a short sale the lenders are required to check the home’s value. They will hire an appraiser or licensed real estate agent to determine the fair market value.

They do not want to discount to much from the value that person gives them. Some lenders will discount 2-5%. Others will discount as much as 10%. But, they won’t accept an offer for substantially less than the fair market value.

Thinking about a short sale? I can help you short sale your property. Send me an e-mail at StephanieWeissMoves@gmail.com.   I will contact you for a free consultation.

 

Qualifications for a Short Sale

Before you eagerly climb aboard the short sale bandwagon, consider the following to determine whether you may qualify for a short sale. If you cannot answer yes to all four requirements, you may not qualify for a short sale.
·       
1.  The Home's Market Value Has Dropped.
Hard comparable sales must substantiate that the home is worth less than the unpaid balance due the lender. This unpaid balance may include a prepayment penalty.
·      2.  The Mortgage is in or Near Default Status.
It used to be that lenders would not consider a short sale if the payments were current, but that is no longer the case. Realizing that other factors contribute to a potential default, many lenders are eager to head off future problems at the pass.
·       3.  The Seller Has Fallen on Hard Times.
The seller must submit a letter of hardship that explains why the seller can not pay the difference due upon sale, including why the seller has or will stop making the monthly payments. 

A few examples that do NOT constitute a hardship are:

  • Bad purchase decisions. Blowing your paycheck on a home theater system with surround sound does not qualify as a hardship.
  • Unhappy with the neighbors. Even if every home on your block has turned into pot growing houses, that will not qualify as a hardship.
  • Buying another home. The lender will not care if you have decided the home is no longer suitable for you or your family.
  • Pregnancy. Increasing the size of your family or starting a family is not considered a hardship.
  • Moving into an apartment. If you decide to move out of your home, that is a lifestyle decision and not a very good reason to abandon your home.
Examples of hardship are:
  • Unemployment
  • Divorce
  • Medical emergency / sudden illness
  • Bankruptcy
  • Death
·         4.  The Seller Has No Assets
The lender will probably want to see a copy of the seller's tax returns and / or a financial statement. If the lender discovers assets, the lender may not grant the short sale because the lender will feel that the seller has the ability to pay the shorted difference. Sellers with assets may still be granted a short sale but could be required to pay back the shortfall.
For example, if the seller has cash in a savings account, owns other real estate, stocks, bonds or even IRA accounts, the lender will most likely determine that the seller has assets. However, the lender might discount the amount the seller is required to pay back.
Many entities profit from short sales, but there is no seller short sale profit.

Short Sale Consequences
A short sale is dependent on a buyer making an offer to purchase. If you do not receive an offer, you will not qualify for a short sale. So even if you meet all the other criteria, it is possible that no one will buy the short sale. It is also dependent on the lender accepting the buyer's offer. If the lender rejects the offer, a short sale will not take place.
·        
Tax Consequences
If the lender agrees to the short sale, the lender may possess the right to issue you a 1099 for the shorted difference, due to a provision in the IRS code about debt forgiveness. Many situations are exempt from debt forgiveness, according to the Mortgage Forgiveness Debt Relief Act of 2007.   You should speak to a real estate lawyer and a tax accountant to determine the amount of short sale tax consequences, and whether you can afford to pay those taxes, if any.
·       
Blemished Credit Report
A short sale will show up on your credit report. It's a pre-foreclosure that has been redeemed. Short sales affect credit ratings. While the damage to your credit report may not seem as significantly bad as a foreclosure to you, creditors may not make the distinction.
 
Always seek legal counsel before attempting to pursue a short sale. A real estate agent cannot give you legal advice.

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ValleyWide Property Services
3800 S Alma School Rd #131 • Chandler, AZ 85248
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