By startingpoint March 11, 2014

What are the qualifications for a Short Sale?


The main qualification for a short sale is that you are in some type of “financial hardship.” This can include: loss of employment or income, divorce or separation, relocation or job transfer, major illness and medical expenses, high dollar repairs without the resources to make them, increased bills or higher living expenses. A good rule of thumb is that a short sale is not for those who simply “want” to sell, but only for those who “have” to sell. You typically must prove your inability to pay your mortgage each month, however many lenders have become more lenient and will make exceptions sometimes for homeowners who are not even in hardship. Fill out our short form for a quick home evaluation.

What if my home is worth more than my loans, but I could not pay the closing costs?


You can still short sale your home. Many homeowners in the country have avoided adjusting the price of their home to current market value in a desperate attempt to receive enough money back to pay off their loan balances and closing costs. If this is you, you are just delaying the inevitable as home values continue to fall across the country. In a short sale, we charge all traditional sellers’ closing costs to the lender! Fill out our short form for a quick home evaluation.

If I sell my home short, can the bank come back after me for the money?


Not in most cases. We will work to get a full release for you at closing. This release will fully forgive any deficiency between the amount you owe, and the proceeds from the sale of the home. You should consult an accountant regarding tax ramifications, especially if it is an investment property. Depending on the state in which you reside, some laws forbid banks from attempting to collect deficiencies under certain circumstances. Fill out our short form for a quick home evaluation.

Who will pay the Realtor commission?


Again, you pay $0 out of pocket, period.Your lender pays the commission. They pay a regular Real Estate Brokerage fee, just like a home seller would in a traditional transaction, and just like they would if they foreclosed on your home.

How much work will this take?


Not much for you. We will ask you to gather certain financial information and forms for us to present to your lender. Our agents will handle the negotiations and details with your bank as well as the process involved in selling your house.

What happens to the money that is forgiven from my lender?


Any balance shortfall on your mortgage will likely be written off as a loss by your lender. Because of this, your lenders may also send you a “1099″ for any amount forgiven. Due to the Mortgage Debt Relief Act of 2007, you are NOT required to pay taxes on this money if you short sale your primary residence prior to 2012. Consult your accountant with any other questions regarding this.

If I am going through foreclosure, can I do a short sale?


YES! In fact, the bank will likely be more than happy to work with you on a short sale. It is to the bank’s advantage as well as yours to work out a short sale. The foreclosure process costs a lender on average $58,000! In addition, too many foreclosures look bad to a bank’s investors. Fill out our short form for a quick home evaluation.

Can I stay in my house until the short sale is completed?


YES. You will not have to move out until the closing. In fact, if you are facing foreclosure and we are actively working with your bank, we can typically get your lender to delay the foreclosure proceedings and make it possible for you to stay in the home for some time. In some cases homeowners can stay in their homes for an extra 6-8 months. Fill out our short form for a quick home evaluation.

Will the bank continue their collection activities?


Yes, the bank will continue its collection activities. That may mean they will call you or send you letters looking for a payment even if you are currently pursuing a short sale. However, most banks will not foreclose on your home if you are actively working on the short sale. Fill out our short form for a quick home evaluation.

What if the terms of the short sale the bank gives me are unfavorable?


If the terms of the short sale are not in your best interest, you are not required to sell the property and complete the short sale. Do remember though that a short sale will have the lender forgive you of the debt and is the best option to avoid foreclosure or bankruptcy and will have the least negative effect on your credit. If you choose not to do a short sale the bank will NOT forgive you of the debt and may continue to pursue you for the outstanding loan balance.

Are there any dangers to be aware of when working a Short Sale?


Be careful of scam artists or shady individuals if you are in financial hardship or facing foreclosure! These sharks can cause more harm than good. Never sign a quit claim deed, power of attorney or an “option contract” without consulting an attorney and experienced agent. A good rule of thumb to understand is that anybody trying to purchase your home will look out for their own best interests in the transaction, NOT yours. Fill out our short form for a quick home evaluation.

Can my current Realtor work a short sale on my home?


Unfortunately not in many cases. While there are many agents that do negotiate and work short sales, most lack the knowledge and experience necessary to properly execute one. A short sale is NOT part of the Realtor “basic training.” Even most agents with CDPE (Certified Dist. Property Expert) or other Realtor® designations are inexperienced with them. The results can be disastrous!

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