If you are “upside down” or “underwater” – the value of your home having declined below the amount you owe on it – you are not alone. Nearly 20 million homeowners in the US are facing this scenario right now. It’s psychologically lousy for all of them and financially lousy for those who must sell because of a job loss, reduction in pay, divorce, death or other reason. For them, it’s a financial train wreck.
A short sale can be a great solution for such people. The lender has to approve such a sale because they have accepted the home as collateral for the debt. How the sale works, what happens to the “short” amount, what you tax liabilities are and how to be protected from future deficiency lawsuits are the right questions to ask. Let me start with question one, how they work.
This is How a Short Sale Works
The short sale wokrs 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 Settelement Statement also shows payoffs for junior lienholders like 2nd Mortgages, tax liens, etc.
The lender will review the application and get their own assessment of the value of the homeeither by hiring a local Realtor to provide a Broker Price Opinion (an inexpensive appraisal) or by using the Automated Valuation Model – a computerized estimate of net proceeds if the home goes back to the lender as an REO. It usually takes the lender at least 30 days to approve the deal and could take as long as four months or more. I have had short sales take up to two full years to resolve and I have had some take as few as 60 days from start to finish.
Short sales have gotten plenty of press in recent years. You may harbor some false notions of just what they are. Let me start by debunking the most common misconceptions.
Myth 1 – Lenders prefer forecloure to short sales
Short sales are expensive. But, foreclosure is even more expensive with added fees to vacate, clean, insure and secure the home. And, foreclosure delays settlement by many months which is also expensive.
2. Short Sales are only approved for homeowners who are in Default
Wrong! Banks want qualified buyers and reasonable offers. Whether or not the seller is asked to bring money to the table (or sign a note for some portion of the shortfall) is another factor that varies by state. But, the default status of the homeowner is not a factor.
3. Short Sales take too long to succed after the foreclosure process has begun
Many homeowners fail to pursue short sales believing that they take too long and that they won’t have enough time to complete them before foreclosure period ends. Actually, lenders extend the foreclosure process to have enough time to evaluate your short sale deal. I have succeeded in short sales when we submitted the deal for the first time just 2 days before the trustee sale.
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.
Myth 4 – Selling Short is Embarrassing
As many as 50% of homes with mortgages in the U.S. will be upside-down by 2011. Short sales are becoming common even in the high-end neighborhood where “responsible” people live! Get over it.
Myth #5 – Buyers are Not Interested in Short Sales
Actually, smart buyers and agents know that the best deals are in the short sales. Although they take longer to conclude than normal deals, the opportunity to get the best deal is more important to the best and smartest buyers and agents.
Short sales will continue to be an important part of the housing market stabilization. They are better than foreclosure, for all parties involved.
Want to find out more about actually getting short sales done? Visit Rockwood’s site at Home Loan Modification Free reprint avaialable from: {title}.