Short Sale or Foreclosure?
Short Sale or Foreclosure? Which is best for me?
Nevada had the highest foreclosure rate in the nation in the second quarter of the year, according to data released recently. According to a recent S&P/Case-Shiller report, 81% of Las Vegas Homeowners homes are worth less than their mortgage balances - based on the latest figures. They see that number moving to 90% soon.
Las Vegas ranks No. 1 among Metro areas with the highest foreclosure rates, followed by other Metro areas in California., Florida and Arizona. Reports indicate that 1 in every 3 homeowners in Las Vegas are in some stage of foreclosure. Plus there is the potential tsunami of more bank owned properties hitting the market with reports of Banks having a “shadow inventory” of foreclosures yet to hit the Market.
There are 250+ Notice of Defaults being filed in Clark County daily. These are potential foreclosures. A notice of default is filed by the Lender typically when the homeowner falls 90+ plus behind in their mortgage payments.
Losing your home to foreclosure due to an inability to keep up with your monthly mortgage payments is one of life’s most unpleasant experiences. It is also an event that keeps on affecting you long after your home is history by devastating your credit score.
What is a Short Sale?
The name is deceiving. A Short Sale is when a lending institution accepts a discounted payoff amount on an existing mortgage and agrees to help the homeowner with closing costs to prevent a home from going into foreclosure. Often times a homeowner owes more than can be collected through the sale of the home. In this case, a short sale allows them to sell the property to avoid
foreclosure for themselves and the lender. The lender typically gives consideration to a short sale when the homeowner experiences hardships like:
· Unemployment
· Divorce
· Medical challenges
· Death of a spouse
· Property depreciation due to no fault of the homeowner
Short sales are uniquely beneficial to all parties involved: homeowners, lenders, real estate agents and investors alike. By accepting a short sale, the lender decreases their potential for loss and reduces the time to receive payment by a number of months. A short sale also minimizes the costs associated with foreclosures by the lender. Homeowners avoid permanent damage to their financial record while buyers benefit from a good deal on their newly-purchased property. Real estate agents are compensated for their work to get the property sold and investors, when involved, can receive an increased payback on their investment by making improvements to the home and later selling it at a price that matches its increased value.
Of all available options, foreclosures is the worst
The inevitable result of a foreclosure is the lender taking your house. Not only will you lose your house, but the lender can get a judgment against you for the arrearages you owe plus his costs for the foreclosure action. If it isn't enough, your credit report will be in terminal condition for many years to come, worsening an already bad financial situation and making it very difficult to obtain any other kind of credit. There is no upside to foreclosure. It should be avoided at all costs.
Consider a short sale when foreclosure seems inevitable
A short sale is a popular option for homeowners mired down with financial problems. In this case, you would sell you home for less that what you owe your lender; the biggest problem you will face is getting your lender to agree to a short sale. Utilizing a Realtor who is trained and experienced in dealing with the Bank and their Loss Mitigation Department is vital to your success. Experts advise pursuing this option the minute you realize that you are falling behind in your payments and most likely won’t be able to catch up. The longer you wait and the greater the amount you are in arrears, the less likely it becomes that your lender will even be willing to discuss a short sale.
Short sale has disadvantages too
While a short sale will save you from foreclosure, it will also have a negative effect on your credit score, if you are indeed behind in your mortgage payments, but will avoid a Foreclosure on your credit report and you can usually purchase a home within 4 years of the short sale. This can be overcome more quickly than the black mark of a foreclosure, especially if you manage to retain one or two credit cards and keep them current. Perhaps equally distressing, the Internal Revenue Service frequently deemed the difference between the mortgage balance and the amount realized from the short sale to be taxable as income despite the fact that the debtor never saw a dime of it. There is new federal legislation called the Mortgage Forgiveness Debt Relief Act of 2007 that went into effect on January 1, 2008. The new act essentially eliminates this problem.
Almost any option is better than foreclosure
Simply stated, do everything you can before foreclosure occurs and do it as quickly as humanly possible. Don’t sit back and keep thinking, “What can I do?” Instead, consider that short sale and check with your lender before your options become more limited.
The One Best Tip I Can Give You: Use a Qualified, Full Time Realtor
I successfully assist clients on a daily basis to negotiate the short sale of their house. Having someone who could work on your behalf is the key to a Short Sale closing. Facing foreclosure is a scary thing, so don’t try to do it alone. Remember, in a Short Sale scenario the lender will cover all costs associated with the transaction.
Short Sales “to do list”
· Call the lender
You may need to make a half dozen phone calls before you find the person responsible for
handling short sales. You do not want to talk to the “real estate short sale” or “work out”
department, you want the supervisor’s name, the name of the individual capable of making a
decision.
· Submit Letter of Authorization
Lenders typically do not want to disclose any of your personal information without written
authorization to do so. If you are working with a real estate agent, closing agent, title company
or lawyer, you will receive better cooperation if you write a letter to the lender giving the lender
permission to talk with these specific interested parties about you loan, This letter should
include the following:
· Property Address
· Loan Reference Number
· Your name
· The Date
· Your Agent’s Name & Contact Information
· Preliminary Net Sheet
This is an estimated closing statement that shows the sales price you expect to receive and all
the closing costs of sale, unpaid loan balances. Outstanding payments due and late fees,
including real estate commissions, if any. Your closing agent or lawyer should be able to
prepare this for you, if you do not know how to calculate any of these fees. If the bottom
line shows cash to the seller, you will probably not need a short sale.
· Hardship Letter
The sadder, the better. This statement of facts describes how you got into this financial bind
and makes a plea to the lender to accept less than full payment. Lenders are not inhumane and
can understand if you lost your job, were hospitalized or a truck ran over your entire family, but
lenders are not particularly empathetic to situations involving dishonesty or criminal behavior.
· Proof of Income and Assets
It is best to be truthful and honest about your financial situation and disclose assets. Lenders
will want to know if you have savings accounts, money market accounts, stocks or bonds,
negotiable instruments, cash or other real estate or anything of tangible value. Lenders are not
in the charity business and often require assurance that the debtor cannot pay back any of the
debt that it is forgiving.
· Copies of Bank Statements
If your bank statements reflect unaccountable deposits, large cash withdrawals or unusual
number of checks, it’s probably a good idea to explain each of those items to the lender. In
addition, the lender might want you to account for each and every deposit so it can determine
whether deposits will continue.
· Comparative Market Analysis
Sometimes markets decline and property values fall. If this is part of the reason that you can
not sell your home for enough to pay off the lender, this fact should be substantiated for the
lender through a comparative market analysis (CMA). Your real estate agent can prepare a
CMA for you, which will show prices of similar homes:
· Active on the market
· Pending sales
· Solds from the past six months.
· Purchase Agreement & Listing Agreement
When you reach an agreement to sell with a prospective purchaser, the lender will want a copy
of the offer, along with a copy of your listing agreement. Be prepared for the lender to
renegotiate commissions and to refuse to pay for certain items such as home protection plans
or termite inspections.
Call or email today for Free Information. Email: RichBrodkin@cox.net or call ( 702) 249-5657
