House Refinance Center
Short Sale To Stop Foreclosure
Who Benefits
From A Short
Sale? Not The
Homeowner!

The homeowner might prefer a short
sale to
foreclosure, but is this the best
choice? The lender likes the short
sale. Foreclosure is very costly and
can drag on for months and
sometimes even years. According to
the National Association of Realtors
as of the 4th quarter of 2009
foreclosures sold at a 15% discount
while short sales sold at a 12%
discount.

On paper a short sale is simple and
easy to understand. You owe the bank
$200,000 but your house is only worth
$180,000, therefore you are $20,000
short. You talk to the bank, and you
both agree to
sell the house. This
decision is made over 2 to 3 months
or sometimes longer. The bank has to
be sure that the deal qualifies for a
short sale.

Qualification for a short sale.

The market value of the house has
dropped
substantially. An appraisal
has to be completed to arrive at the
fair market value (FMV) of the house.
Usually, the lender will pay for the
appraisal. A Broker Price Opinion
from a realtor might be acceptable. It's
cheaper than a full appraisal. Recently
there have been problems with
appraisals. Many of the appraisers
are from out of the area. They are
using foreclosures and short sales as
comparables, which further depresses
the house prices.

The mortgage is in default, or
default is imminent. In some cases the
short sale process starts before the
homeowner misses a payment. If
there is a
job loss and the homeowner
knows that it would be impossible to
keep the house, he might ask the
bank to allow the short sale. This is
advisable in a market that is falling
fast. The sooner the short sale is
done, the better price the house will
fetch.

The homeowner has hardship.
From the lender's point of view,
acceptable
hardships are long-term
illness,
loss of a job, death in the
family, divorce or separation. The
homeowner will have to provide
documents to prove the hardships.

The home owner has no assets.
The lender will look very hard at the
assets, and might even hire a
professional investigator to look into
the borrower's financial affairs. He will
be looking for bank accounts in the
USA and possibly offshore in places
like the Cayman Islands, the Bahamas
and other offshore banking countries.
Bonds, stocks and real estate
holdings will be scrutinized.

If the above four areas are verified, the
lender will say yes to the short sale.
The lender is basically in the driver's
seat.

Short sale process.

The seller/homeowner lists the house
with a real estate agent.

The agent finds a buyer after showing
the house to several prospects. The
name "short sale" brings out all the
bargain hunters. They think they will be
getting the deal of their lives. There
will be dozens of "low-ball" offers and
several open houses. This is a major
disruption to the homeowner and his
family.

The buyer makes an offer.

The seller accepts the offer with the
approval of the bank. In many cases
the bank has been known to kill many
deals.

The buyer pays the price and the
transaction closes.

Seller gets the short-end of the
deal

After the deal is closed, the seller is
left to pick-up the pieces of his life. His
credit is ruined. The short sale is a
settlement of a debt, and will remain
on his credit report for seven years. It
is not as bad as a foreclosure. He
might be able to purchase another
house in 2 to 3 years provided he
doesn't get into financial trouble again.

Can you imagine having to pay taxes
after you lose your house? Well, this is
possible. If the lender issues a 1099
for the shorted amount, the IRS will be
expecting you to pay some taxes.
However, before you get depressed
and stressed out, get a copy of the
Mortgage Forgiveness Debt Relief
Act of 2007, and read it a few times.
You will discover that you might be
exempt.

We strongly advise you to consult a
tax professional, not a real estate
agent, and discuss your options. As a
matter of fact, this discussion should
have started a long time ago, when
the lender agreed to the short sale.

Second liens

The biggest problem facing the
homeowner when the house is sold in
a short sale is the
second lien holder.
For the deal to be completed and for
the buyer to get clear title, the second
lien has to be satisfied. Usually, the
second lien holder will accept a small
amount of money, about $2,000 to
sign off on the transaction. This is
better than writing off the full amount of
the home loan. Then he will sell the
balance to a collection agency for a bit
more money. So you can imagine the
surprise when the homeowner gets a
telephone call a year later asking for
money.

Overall, the short sale process has to
get better. The length of time to close
a transaction is still too long, and
obtaining a mortgage is difficult for
some buyers who would like to seize
the opportunity of a short sale in a
depressed housing market.

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Need To Sell Fast!

The housing market shows no signs of
recovery. Across the country home sales
are down 28 percent since 2006. We
have mounting inventories, tight loan
underwriting policies and absolutely no
new job growth.

If you are in a short sale situation, you
need to pull out all the stops to get your
house sold. Remember, this is a
competition for buyers. There are
thousands of available houses for the
buyer to choose from.

Here are some tips to help you sell your
home.

Tip #1. Find a realtor that specializes in
short sales. Short sale real estate is a
specialty that only a handful of realtors will
ever master. Do not settle for the realtor
who gives you unrealistic promises.

There might be several players involved
in a short sale transaction. In many cases
you will find second and third lien holders.

The selling price is generally lower than a
regular sale. The time is drawn out. A
recent study showed that it takes the
seller 62 days to get the green light from
the bank. And it takes another 67 days to
close the deal.

With all these factors you need a realtor
that is willing to be patient. There are no
"quick" sales in short sales. And you need
a realtor who is an excellent
communicator. There will be plenty of
emails, telephone calls and letter with the
seller, the realtor and all the lien holders.

Tip #2. Hire a professional to stage your
house. You need to create an appealing
environment that will prospective "lookers"
into buyers. When someone walks into
your home, they must be able to picture
themselves living in that "space".

Tip #3. Elevate the curb appeal. First
impressions speak volumes. Make sure
the exterior of your house is top notch.
Cut the grass, plant colorful flowers, do
some landscaping. Go the extra mile and
paint the exterior of the house.

Tip #4. Put something extra in the deal.
Buyers like to get perks. An extended
warranty on several appliances usually
works. The buyer can see that for the next
2 years he doesn't have to worry about
repairs to appliances. Some money
towards paying some of the closing costs
also is a great idea.

Your chances of selling your house is
when the listing is fresh on the market.
The longer the house remains unsold, the
harder it becomes to attract new
"lookers". So be positive and put your
best foot forward.


prev:           next:              Home:
Short Sale or Foreclosure: Pick Your Poison
Whether you choose a short sale or a foreclosure, you will lose. A
foreclosure rescues your credit score from sinking to the depths of
obscurity. Who cares? You didn't pay your mortgage. The bank
wants you out. With a short sale your credit score doesn't get as
bad a beating. But it has the same effect. Who will take a chance
and give you a mortgage again?
Watch the above video.
After A Shortsale Or Foreclosure: Taxes
Remember that Uncle Sam wants his taxes after a short sale or
foreclosure. If you come up short when the house is sold you might
be liable for taxes. Consult a professional tax consultant.
Watch
the above video.
Loan Forgiveness: New Tax Rules
When the bank or lender forgives your loan, that is not necessarily
the end of the story. The amount that was forgiven and written off by
the lender will be reported to the IRS. This amount will be income to
you, the borrower. You might have to pay taxes.
Watch the above
video.
Treasury Makes
Short Sales
Easier, Quicker

A recent report from the Congressional
Oversight Panel, the office the checks
TARP, said that there were 661 short
sales completed under HAFA. The report
also said that Treasury has spent $4.3
million on these short sales.

With 11 million homeowners underwater
with their mortgages, these numbers are
disturbing. So much so that the Treasury
has decided to make some drastic
changes before house prices dip even
further.

1. Loan servicers no longer have to verify
the borrowers' finances.

2. The 31% debt-to-income ratio is out the
window. Servicers no longer have to check
this number.

3. With regards to second lien holders,
servicers decide who gets paid and how
much. The limit is still capped at $6,000.

4. Borrowers must get an answer within 60
days.

The changes are good and should help
move housing inventory faster. What
concerns me is fraud. Greed and fraud got
us in this mess. Now, we are opening the
doors and inviting the scam artists to have
a feast.

Since the borrowers' finances are no
longer checked all that is needed is a
hardship letter. I am sure that this would
be no problem for the thousands of
criminals to produce a letter, and the
necessary documents to support the
hardship. Meanwhile, the homeowners
could be sitting on a $2 million.


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Short Sale: Best Of 3
Evils
Many homeowners owe the bank more
than the house is worth. They are in a
sense, between the devil and the deep
blue sea. The choices are bankruptcy,
foreclosure or short sale. And the
winner is short sale.

A short sale lets you sell the house
with the help of a competent real
estate agent. This is all done with the
blessings of your friendly banker. Yes,
the bank has to okay the deal. They
give you permission to sell. They also
has the final say on the price being
accepted.

There are two very important issues
after the short sale is completed that
bankers do not like to talk about.

The first is reporting the transaction on
the homeowner's credit file. Bankers
can cut the homeowner a little slack
and report the sale so that it favors the
homeowners. The borrower might be
back a couple years later for a loan.

The second is income taxes. What
about the shortfall? This could be
thousands of dollars. The IRS looks at
this as income to the homeowners and
would like some money.

Watch the slideshow.