Short Sales

Here you will find some general information with regards to Short Sales and how they may affect you.

What is a Short Sale?

A short sale is a sale of real estate in which the sale proceeds fall short of the balance owed on the property's loan.  It often occurs when a borrower cannot pay the mortgage loan on their property, but the lender decides that selling the property at a moderate loss is better than pressing the borrower. Both parties consent to the short sale process, because it allows them to avoid foreclosure, which involves hefty fees for the bank and poorer credit report outcomes for the borrowers. This agreement, however, does not necessarily release the borrower from the obligation to pay the remaining balance of the loan, known as the deficiency.

Process

In a short sale, the bank or mortgage lender agrees to discount a loan balance because of an economic or financial hardship on the part of the borrower. The home owner/debtor sells the mortgaged property for less than the outstanding balance of the loan, and turns over the proceeds of the sale to the lender. Neither side is "doing the other a favor;" a short sale is simply the most economical solution to a problem. Banks will incur a smaller financial loss than would result from foreclosure or continued non-payment. Borrowers are able to mitigate damage to their credit history, and partially control the debt. A short sale is typically faster and less expensive than a foreclosure. It does not extinguish the remaining balance unless settlement is clearly indicated on the acceptance of offer.

Lenders often have loss mitigation departments that evaluate potential short sale transactions. The majority have pre-determined criteria for such transactions, but they may be open to offers, and their willingness varies. A bank will typically determine the amount of equity (or lack thereof), by determining the probable selling price from an appraisal or Broker Price Opinion (abbreviated BPO or BOV).

Lenders may accept short sale offers or requests for short sales even if a Notice of Default has not been issued or recorded with the locality where the property is located. Given the unprecedented and overwhelming number of losses that mortgage lenders have suffered from the 2009 foreclosure crisis, they are now more willing to accept short sales than ever before. This presents an opportunity for "under-water" borrowers who owe more on their mortgage than their property is worth and are having trouble selling to avoid foreclosure as a result.

Credit implications

Short sales are a type of settlement, and they adversely affect a person's credit report, though the negative impact may be less than a foreclosure. Although in some cases the effect is the same. Like all entries except for bankruptcy, short sales do not show on a credit report according to the Distressed Property Institute. The credit will restore within 18 months or so. Depending upon other credit information, it is possible to obtain another mortgage 1–3 years after a short sale, or less if the borrower is current at the time of the sale.

Below are the most common elements of the short sale process:

1) List the home
2) Bank authorization forms signed
3) Send bank authorization to the bank(s)
4) Market the home
5) Follow up with bank(s)
6) Fill out financial form(s)
7) Gather proof of financial information
8) Send BPO, financial form and financial information to bank(s)
9) Find a buyer
10) Negotiate purchase price/terms with buyer
11) Prepare net sheet for bank(s)
12) Send purchase contract, listing agreement, net sheet to bank(s)
12) Insure that the buyer is pursuing a mortgage.
13) Negotiate any/all issues with the buyers contract, including inspection issues.
14) Follow up with bank and gather other bank requested information
15) Send bank requested information back to bank(s)
16) Finalize short sale with the bank(s)
17) Order payoff letter from bank(s)
18) Get adjusted payoff letter from bank(s) for title company.
19) Close the property
20) Check that the bank(s) recorded the payoff.
21) Make sure that the client knows if he/she is required to pay tax on the loss (Most homeowners are NOT required to pay tax.)