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Short Sale To Stop Foreclosure

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Short Sale

For some clients, selling their home is actually the relief that they need. After reviewing your financial portfolio, it may become obvious that you can no longer afford your home. Many owners have often realized this and tried unsuccessfully for months to sell their home through traditional real estate methods.

But, because of market fluctuations and changes beyond your control, sometimes your home may not sell at the anticipated full price of your loan. A Short Sale allows you to sell your home to a third party at a price which is less than the total amount that you owe.

What is a Short Sale?

A short sale is when a lender accepts a discount on a mortgage to avoid a possible foreclosure auction or bankruptcy. Instead of buying from a seller, you are purchasing the property directly from the lender for a discount. For example: A homeowner, who is facing foreclosure, has an existing first mortgage of $300,000. You write an offer to the lender for $220,000, which is accepted as full payment for the loan. This is a short sale.

Why are they willing to take such a discount? Several reasons. First of all, banks do not like excess inventory and bad loans on their books; therefore, if they see an opportunity where they can sell the property without a huge loss, they will do it. Secondly, lenders know they could lose a lot more money if the property goes to auction. There are so many fees involved if the property goes to auction, that they would be better off taking the discount beforehand and be finished with the headache of it all.

Your lender will use the proceeds from the sale to pay off the mortgage and the remaining balance will be negotiated or perhaps even forgiven. This avenue is open for homeowners who are willing to part with their property but keep their credit rating with the least amount of negative reports.

Negotiating a Short Sale with the lender is a difficult process, generally because it is very hard to find the bank officer who has the authority to accept a discount. Much like getting your phone bill corrected, you can expect the process to involve a lot of waiting on hold and being bounced around an intricate maze of automated voice mail systems. Once you get in touch with the right person, then the hard work and the negotiating can begin.

The Mortgage Company may require a written contract with you and the buyer, a HUD-1 or settlement statement of the sale, a buyer assurance letter stating the potential buyer is approved for the new loan, proof that the house has been on the market for 90 days with a Real Estate Agent and financial information from you showing that you can’t afford the house.

Many short sales fall through for a number of reasons. We have successfully negotiated a Short Sale for many home owners and we know what the Mortgage Company needs for approval and in what order.

 

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The information contained herein is provided for general information purposes only and is not intended to convey a legal option nor legal advice for any particular case or situation. This information does not represent a complete discussion of all the issues relating to the area of loan, debt and general consulting. Since every individual's factual situation is different, independent legal advice regarding specific situation from a licensed attorney is advisable. Nothing contained in this website shall be construed to be a guarantee or prediction of result. We do not represent you in any litigation, either affirmative or defensive, including the defense of any foreclosure action that may be filed against you.  We perform consulting, research and analysis. Pursuant to Section 169 of the Housing and Community Development Act of 1987, you may have the opportunity to receive counseling from various local agencies regarding the retention of your home. You may obtain a list of HUD-approved housing counseling agencies by calling the HUD nationwide toll-free telephone number, (800) 569-4287. To learn more about the federal Homeowner Affordability and Stability Plan, visit www.treas.gov By visiting this site you agree to these terms.