Also, be aware of other circumstances that may prevent the lender from wanting to do a short sale. Unfortunately, if you are not actually in default on your mortgage payments yet, the lender probably won't be willing to work with you. Finally, if someone cosigned on the mortgage, the lender may want to hold that person responsible for payment rather than doing a short sale.
If you think your situation is ripe for a short sale, talk to a decision-maker at the bank about the possibility of engaging in this type of transaction. Don't just talk to a customer service representative, who is often more like a spokesperson and has no real authority. To work your way up the phone ladder, immediately ask to speak with the lender's loss mitigation department. If you don't like what the first decision-maker says, try talking to another one on another day and see if you get a different answer. If the lender is willing to consider a short sale, you're ready to move forward with creating the short sale proposal and finding a buyer.
At this point, you should consult an attorney, a tax professional and a real estate agent. While these are high-priced professional services, if you make a mistake by trying to handle a complex short sale transaction yourself, you may find yourself in even bigger financial trouble. You may be able to pay for these service fees out of the sale proceeds from your home.
Professionals accustomed to dealing with short sale transactions will be able to give you guidance on how to pay them. To put yourself in a more convincing position to complete a short sale, stop purchasing non-necessities. You don't want to look irresponsible to the lender when it reviews your short sale proposal. When setting an asking price, make sure to factor the cost of selling the property into the total amount of money you need to get out of the situation.
Of course, you want to sell the home for as close to the value of your mortgage as possible, but in a down market, there is bound to be a shortfall. In some states, even after a short sale, the bank will expect you to pay back all or part of that shortfall. Gather all the documents you'll need to prove your financial hardship to the lender. These may include bank statements, medical bills, pay stubs, a termination notice from your former job or a divorce decree. It is up to you to come up with the short sale proposal.
Be aware that the lender ultimately must approve a short sale after receiving all the details because the lender is the recipient of the proceeds. Your job is to find a buyer for your home. Once you have a buyer and the necessary paperwork, you are ready to submit the buyer's offer and your proposal to the bank.
Buying & Selling Foreclosures & Short Sales in Maryland
Along with the documentation of your distressed financial status, your proposal should include a hardship letter explaining the circumstances that are preventing you from making your mortgage payments. You want to make it as convincing as possible and protect your interests while also appealing to the bank. Be careful about submitting your financial information to a lender because if it does not approve the short sale, it may use your financial information to try to get money out of you in foreclosure proceedings.
If you still have cash assets, you may be expected to use them to continue making mortgage payments or to make up some of the shortfall between the sale price and the mortgage amount. An attorney experienced in completing short sales can help you navigate the details.
Because short sales can take longer than regular home sales due to the need for lender approval, they often fall through. The buyer may find another property while waiting for an answer from you. Be prepared for this possibility.
If the short sale transaction goes through, consult with the IRS to see if you will have to pay taxes on the shortfall. Also, be aware that a short sale can still affect your credit score in the sense that the months of mortgage payments you missed prior to the short sale can show up as delinquent payments on your credit report. It is up to the bank to decide what to report, so it's in your best interest to try to convince the bank not to report your defaulted payments. Your bank may be more likely to be generous in this regard if you brought up your hardship before you were significantly behind.
For credit purposes, while this is somewhat damaging, it is certainly less damaging than a foreclosure. Before resigning yourself to a short sale, talk to your lender about the possibility of a revised payment plan or loan modification.
Vero Beach Bank Owned Real Estate, Foreclosures and Short Sales
One of these options might allow you to stay in your home and get back on your feet. Another possible option for staying in your home arises if you have private mortgage insurance PMI. If the PMI company thinks you have a chance at recovering from your current financial situation, it may advance funds to your lender to bring your payments up to date.
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Eventually, you'll have to repay the advance. For more information on your housing payments, read Understanding Your Mortgage. Short sales can also provide excellent opportunities for buyers to get into houses at a reduced price. Here are some tips to help you make smart decisions when considering a short sale property.
Realize in advance that short sales are complicated and time-consuming transactions. It can take weeks or months for the lender to approve a short sale, and many buyers who submit an offer end up canceling because the short sale process is taking too long. Buyers have to be ready to wait for the bank's short sale approval. Rules for short sale transactions vary from state to state, but the steps normally include:. Short sale package: The borrower has to prove financial hardship by submitting a financial package to his or her lender.
The package includes financial statements, a letter describing the seller's hardship s , and financial records, including tax returns, W-2s, payroll stubs and bank statements. Short sale offer: Once a seller accepts an offer from a potential buyer, the listing agent sends the lender the listing agreement , an executed purchase offer, the buyer's pre-approval letter, a copy of the earnest money check and the seller's short sale package. If the package is missing anything -- either because a document wasn't submitted or due to a filing error on the bank's part e.
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