What You’re Missing About Short Sales!
A short sale is when an owner owes more on their home than the home will sell for on the open market but needs to sell regardless. The seller must obtain permission from the lender(s) to sell the home for less than the market value. The lender may or may not agree to forgive the portion of the loan not repaid at the time of the sale. A short-sale is typically a pre-foreclosure activity.
The seller should obtain a short sale package from their lender. Sellers should also check to see if the lender will forgive the debt and agree not to come after them when the short sale has occurred. If the lender will not agree to forgive the debt without recourse, a foreclosure may be a better option financially. Even if you are in the process of a loan modification with your lender, you may want to list your home simultaneously to obtain a short sale. You may not like the modification terms the lender gives you in which case you will have a jump on the short sale process. Until you receive an approval from the bank, you are not in contract and can cancel the purchase should the loan modification meet with your approval.
Short sales have notoriously taken a long time to complete; a waiting period of 60-90 days has been typical for a response from the lender. Some lenders such as Wachovia are streamlining the process. Hopefully other banks will follow. There is some direction from the current administration to encourage banks to shorten their process. A lender will typically conduct a broker price opinion (BPO) and an appraisal to determine the market value of a home in short sale. Provided the offer is in line with current sales, the bank will likely agree to the short sale.
Again, the seller must determine if a short sale is financially better than a foreclosure. The IRS website has some very specific definitions which will help you determine if you will be responsible for the debt. Typically, if you are short selling your primary residence, you will be fine. If you are short selling an investment property and you either have your original purchase loan or you can prove you are financially insolvent, you may not be on the hook for the debt. Please make sure to check with a financial advisor. As a general rule, your long term financial health will recover faster from a short sale rather than with a foreclosure.
