Short Sale For Seller
SELLER information on Short Sales...
For all the homeowners who are upside down and can no longer make their mortgage payment (because of either a job loss, divorce, or an option ARM that’s resetting higher), up to now the only option was, well, letting the bank foreclose. That’s not a good option since a foreclosure sticks on your credit record for at least 10 years. But some experts are now advocating a “short sale.” This is a case of a distinction with a difference: If your bank agrees to a short sale, you then hire an agent to find a buyer for the house, you sell the house for a loss, and with the bank’s blessing, they agree to eat the loss (although they could still demand the homeowner make some kind of payment or share the loss).
When preventing foreclosure, saving your credit could be the most important things to remember.
Your credit may be adversely affected by a foreclosure, a short sale may be the answer.
In these difficult financial times, more and more sellers are finding they need to sell their homes for less than they owe on their mortgages, known as a "short sale ." This can be a good deal for you as a buyer, as long as you're aware of the extra time and work required to make it happen.
The Mortgage Lender's "Short Sale" Factors
The seller's mortgage lender will be considering many factors in deciding whether to approve a short sale, including:
- Whether the seller is deserving of a break, due to financial hardship caused by unforeseen circumstances such as layoffs, divorce or illness
- Whether it would be cheaper to simply repossess the house, make any necessary repairs and sell it through a real estate agent
- How many other properties the mortgage lender currently has in default
- Whether there are co-signors who can be held responsible for the balance owed on the mortgage
The Short Sale Process
Your chances of success with the seller's mortgage lender improve if your communication with them is organized and complete. Your first contact with the seller's mortgage lender's "loss mitigation department" is crucial in making a good impression. You'll want to send them what's called a "Release" or "Authorization to Release Information" already signed by the seller, which allows the mortgage lender to talk with you about the seller's mortgage.
In your first talk with the mortgage lender's loss mitigator, you'll want to find out:
- Whether they think a short sale might be a possibility
- What information they'll need to complete the process
Loss mitigators sometimes receive bonuses based on how many defaulted loans they can clear up, so they're more likely to pay attention to your sale if you can show them you're taking care of as many details and objections as possible.
It will be necessary to be specific about the seller's financial difficulties with what's called a "hardship letter." The mortgage lender may also require paystubs, copies of medical bills, checking account statements and other appropriate evidence from the seller. The seller's mortgage lender will look at the seller's credit reports to verify the seller's financial predicament. This will all take extra time.
Broker's Price Opinion
The mortgage lender will order what's called a "broker's price opinion," which gives the mortgage lender some idea of what the property is actually worth in the current market. A broker's price opinion will be based on:
- the value of comparable properties in the same neighborhood
- the general condition of the neighborhood
- the condition of the specific property in relation to neighboring houses
If the person who is inspecting the property needs to look at the interior of the house, you'll want to be sure someone is there to let him or her in. You may also want to provide the inspector with copies of low comparable houses in the neighborhood, and high estimates on any needed repairs. The lower the broker's price opinion, the more likely the mortgage lender will approve a short sale.
Settlement Statement Scrutiny
The seller's mortgage lender will want to have an advance look at what's called the " Settlement Statement" or "Settlement/Disbursement Estimate." The mortgage lender will be carefully reviewing:
- Commissions going to real estate brokers
- Where your financing is coming from (Cash? A loan?)
- Payments to cover outstanding liens and taxes
- Approximate date of the closing
- Any cash to the seller (a definite no-no)
- Any other expenses which may raise a red flag
While buying a home on a Short Sale can be frustrating and time consuming, your hard work can pay off in a home that's worth considerably more than you paid for it.
Step One
Verify the value of your property. If you are selling the property through a real estate broker, your broker will provide you with an estimate of market value. If you are selling the property yourself, do your own market analysis of the area and your property.
Step Two
Add up all the costs of selling the property. If you are using the services of a real estate broker, the broker will provide an estimate of closing costs. If you are selling the property on your own (for sale by owner), call a local title company or real estate attorney and ask, as a seller, what the closing costs will be.
Step Three
Determine the amount owed against the property. This will be the total of all loans against the property.
Step Four
Do the calculations. Subtract the total amount owing against the property from the estimated proceeds of the sale. On a short sale, this will be a negative number.
Step Five
Contact the lender or lenders. Talk to someone in the customer service department and tell them the situation. They may direct you to a specific department. Talk to a supervisor or manager if possible; this person will have more authority.
Step Six
Ask the lender what its procedures are for a short sale. Some lenders are willing to work with you by reducing the amount owed or making other arrangements. Others will look to the agents involved (if any) or anyone else who's making money off the transaction to see if they are willing to make concessions to make the transaction happen. Still other lenders will tell you that your debt is your responsibility, one way or the other.
Step Seven
Sell the property.
- Closing costs will include title and escrow fees (if the seller is responsible for any portion of them, which will depend on your county), attorney fees, a portion of unpaid property taxes, re-conveyance fees, notary fees, delivery fees, documentary fees and/or transfer fees.
- If you sell the property without the assistance of a real estate broker, you will save the amount of the commission and have more to apply toward paying off your loan.
- If you feel more secure having a real estate broker handle the transaction, consider using a discount broker to market your property. You could also try to negotiate the sales commission with your broker.
- Remember that the amount on your monthly loan statement does not include interest. Interest is accrued until the date a loan is paid off, so you may have as much as 30 days of interest on top of the balance owing, and you'll need to include this interest in the total payoff amount.
- If a property is sold under a short sale, the lender may require the buyer to make up the difference, either through a personal obligation or a collection.
- The IRS often gets involved with short sales, because they are seen as a relief of debt and may be treated as income. Check with your accountant.

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