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� Apr. 16, 2009 - What to Avoid With Short Sales (and what is a short sale?)

I got some good stuff from Chris McLaughlin (shortsalesriches.com) on what to avoid with short sales (see below). If you're wondering what a short sale is, just Google it. You'll find more than you care to know. But basically, it's when a homeowner is trying to sell their home (often in an attempt to avoid foreclosure) and the net proceeds from the sale will not be enough to pay-off their mortgage (i.e. there's a deficit). So, they are going to ask their mortgage bank's permission to sell the home "short" of what's owed. Why would their bank agree to this? Because it's often cheaper for them to take a loss on a short sale rather than risk a bigger one in foreclosure. So, they might sell it a little below market... if any/all offers are too far below market, the bank will just make plans to foreclose. The upside of a short sale for a Seller is that they typically get out without a foreclosure on their credit. Also, the banks typically agree not to come after sellers for damages/deficiencies if you have a good agent helping (i.e. when you get foreclosed on, the bank can still sue for their loss). The upside for a Buyer is that they can sometimes get a good deal on a property (i.e. buy it a little below market). However, the downside for everyone is the extended time it takes to get a short sale approved (often weeks or months). So, when dealing with a short sale, avoid these:
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Badgering. Let's face it, nobody likes to be badgered. Yes, you might be excited by submitting your first short sale offer but resist the urge to call too often or otherwise badger overworked staff. Maintain regular contact and put a system into place. [this refers to you calling your agent, your agent calling the Seller's agent, or the Seller's agent calling the bank. Patience is key in a short sale]

How Low Can You Go---Not that Low! While lowball offers are expected, don't waste everyone's time by submitting something excessively below the current market value. Keep it realistic and plan to justify the reasons why you think the offer is fair.

Requesting Repairs or Refunds. Although there are exceptions to every rule, short sales are sold 'as-is'. The price should reflect needed repairs - including time and labor. Don't expect the bank, lender or current homeowner to fix or repair anything. Problems that arise after the sale are also your problem so be sure to add in a bit of wiggle room especially if the homeowner plans to occupy the house for some time during or after the sale.

Bad Credit. Yes, they will look. Get your own finances in order and make a point of presenting them in the best light possible.

Threats. Threatening to walk away from a deal, sue or other tactics rarely result in anything more than frustration for everyone involved. Unless a gross degree of misconduct was perpetuate against you related to a federal issues such as discrimination or other similar point, regular day to day mishaps are part of learning how to play the game. It's essential to have a tried and true system in place that maximizes profit while minimizing time.

Homeowners with Assets. Homeowners have to demonstrate their need an inability to pay before a lender will agree to take a major loss. If your homeowner has other assets that could be turned into cash or compensate the lender for a loss then there is a high likelihood your offer will be rejected. Do your homework before blaming the bank - make sure the deal is win-win for all involved or you will likely just waste everyone's time.
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I'll add to that list:

Vacant FHA homes. Homeowners that financed their home with an FHA loan cannot move-out before the short sale is approved or it is automatically disqualified from a short sale.

Being in a hurry. If you have a lease that's expiring in the next few months, or you have another reason why you might have deadlines in your home buying process, then short sales aren't for you. I've seen a short sale approved in a couple of weeks, but more often it's a month or more. And that's just to get the approval... it then generally takes another 30 days or so to close. However, you might not get the approval, or the home might foreclose while you're waiting and, after waiting a month or two, you're back at square one looking for another home.

I hope that info. helps... let me know if you have short sale questions I can help answer.

Ryan Cave, The "Caveman"
Truth, Honor & Personal Integrity
214-789-9366
www.CaveRealty.com
 

 

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� May. 6, 2009 - RE: What to Avoid With Short Sales (and what is a short sale?)

Posted by Ann

my house has been on the market for over a year and my husband just got laid off in March. We then decided to do a short sale and we have a good agent to help us with. The short has been approved by the 1st lender. 2nd lender is getting very little money and our agent is worried that they could come back and sue us 1 or 2 years from now for the remaining money. We are selling the house about $50000 less what we bought it for and thats about the balance of the 2nd lender. We are also filing ch 7 bankruptcy and the hearing suppose to be this week. Should we not show up to that and wait for the sale of the house and then re-file the bankruptcy or just go and explain it to the judge? From what our agent told us, once u file ch 7, you can't file it again for this many years but if you do ch 13, you can still file ch 7 if the banks come behind you for the money.

We tried asking our bankruptcy attorney but she is not doing much to help.

if anyone could shine some light this way...is much appreciated.

Thank you

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� May. 6, 2009 - RE: What to Avoid With Short Sales (and what is a short sale?)

Posted by Ryan Cave

Ann,
I'm not a real estate attorney, and it sounds like you should probably check with one (I recommend David Fair or Brian Watts at the corporate office of Hexter-Fair Title Co.). However, any real estate agent experienced with short sales should already know about this: If the lender approves the short sale, they are typically agreeing to settle the mortgage debt (and not sue you later for the deficit). They may ask you to sign a promissory note for the balance, but if you refuse and they still approve the short sale, they cannot typically come after you. Just ask your lender (talk to your short sale negotiator/loss mitigation dept.) if your debt will be settled. If a home is foreclosed on, the mortgage lender can sue for the deficit (i.e. their damages/losses). However, if they agree to allow the short sale, they are typically agreeing to let you settle your debt for less than you owed. Once settled, they cannot sue for the deficit. That's the whole point of a short sale and the main advantage of a short sale over just letting the home go into foreclosure.

Ryan Cave, The "Caveman"

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