Seven Tips for Navigating the Short Sale Process

Short SaleThere are many reasons why people decide to sell their homes during these troubled times, and it is even more difficult when that home has lost significant equity.    If you find yourself in this position. there are some important points to know about the short sale process.

Here are seven tips for navigating the short-sale process.

1. Know who you owe

A short sale has to be approved by any company that has a mortgage or lien against your home. That includes your first, second, or even third mortgage lender, your home equity line lender; your homeowners or condominium association; and any contractors who’ve placed a lien on your home. Make a list and start talking to everyone early in the process. Ask what documents they’ll need from you.

2. Pick your short sale team

You’ll need to work with a team of short sale experts, including a real estate agent, real estate attorney, and your accountant. Look for agents and attorneys who advertise themselves as short sale experts.  There are special training classes and certifications for Realtors, such as Loss Mitigation Certified, and you should look for experienced and well-trained Realtors.  Interview at least three, and listen carefully for signs that they understand the complexities of the short sale process.

Agents should explain how they’ll arrive at a suggested price for your home. Ask them to show you a sample short-sale package or for an example of a prior short-sale success.

The attorney is a very important member of the short sale team, and you must choose an attorney who has successfully closed a number of properties.  You might ask for referrals to check with his clients about their experiences.

3. Get your documents ready

Gather the paperwork your creditors and mortgage lenders asked to see, like your listing agreement and a hardship letter explaining why you need to do a short sale. You’ll also need proof of what you earn and what you owe as well as copies of your federal income tax returns for the past two years.

4. Expect delays

Despite a federal rule saying banks participating in the federal government’s Making Home Affordable loan modification program must respond to short-sale offers within 10 days, it may take weeks or months for your lender to decide whether to allow you to sell your home in a short sale—and even longer if you must negotiate with more than one lender or lienholder.

Your lender and lienholders don’t have to agree to your proposed short sale. They can reject your terms or make a counter offer, which can create further delays.

5. Anticipate demands

Discuss with your short-sale team how you should respond to common short-sale demands from lenders. For example, are you willing to sign a promissory note agreeing to pay outstanding amounts after the sale is complete?

6. Know the tax implications

Any unpaid amount of your mortgage “forgiven” by your lender through a short sale may be considered income to you under federalForeclosures tax rules. Ask your attorney or accountant whether you qualify to exclude that amount as income on your tax returns under the Mortgage Forgiveness Debt Relief Act and Debt Cancellation Act. Also ask if you’ll be required to report amounts “forgiven” by other lienholders, if applicable.

7. Consider how the short sale will affect your credit and what you must pay

Ask whether your lender will report the short sale to credit-reporting agencies. Having a portion of your debt forgiven may negatively affect your credit score, but a short sale typically damages your score far less than a foreclosure or bankruptcy.  A short sale also puts you in control of the process.  A foreclosure make take years to complete and the bank is in control of this time frame.  Two home I knew about Repair your creditpersonally took over four years to finish the foreclosure process because the bank continued to make mistakes.  When you finish a short sale, you will be able to start to repair your credit immediately, and then you will be able to buy another home in a reasonable amount of time.

Ask you lawyer whether you’ll be responsible for paying back the lenders’ loss. If the lender says it will forgive any losses on the sale of your home, get that promise in writing.

When you are ready to evaluate whether a short sale is the right decision for you, contact several Realtors and begin to ask which one can give you the best guidelines.  Put the agony of this financial situation behind you.

Restructuring Help for Troubled Homeowners

Chase Bank has taken a very valuable step in dealing with the prevention of foreclosures with the mortgages they service.  This very important step could go a long way to keeping homeowners in their homes.  This, in turn, will help put a stop to falling property values.  The entire economic situation in this country, and even worldwide, has ties to the real value of property in the United States. 

 

When homes do not support the mortgage amounts, the crisis we create will affect the world economy.  Chase has taken steps to create a department with regional offices to work with homeowners to restructure their loans, keep them in their homes with payments they can afford, and prevent more foreclosures from coming on the market.  They have provided specialized training to 300 new loan counselors to work with their homeowners and their troubled assets.  Chase will be opening branch offices around the country to expedite this process.

 

This is outstanding news for Realtors who have been trying to help homeowners avoid foreclosure, either through short sales or restructuring.   Frequently, the banks and/or the loss mitigation departments don’t understand the local real estate situation and miss the opportunity to rectify the problem to the benefit of both the homeowner and the bank. 

 

Many Realtors in Massachusetts have taken and been certified Loss Mitigation Specialists, and this special training will provide homeowners with a great resource to help find answers to their mortgage problems. 

 

Now we need to get the word out to homeowners.  Chase has taken the first step, and we hope that the other banks and mortgage servicing organizations do the same.