| What
is a Short Sale?
A ‘short sale’ is when a bank accepts a discount
on a mortgage to avoid a possible foreclosure or bankruptcy. For example:
A homeowner, who is facing foreclosure, has an existing first mortgage
of $300,000. An offer to the lender for $250,000 is acceptable as full
payment for the loan. This is a ‘short sale’. Why are they
willing to take such a loss? Several reasons; first of all, banks do
not like excess inventory and delinquent loans on their books. An opportunity
to sell the property is very attractive. Secondly, lenders know they
could lose a substantial amount more if the property goes to foreclosure
/ trust deed sale. There are many fees involved: i.e., property taxes,
liens, repairs, etc. They’re better off taking the minimal loss
beforehand and be finished with the headache and liability if in fact
it goes to a ‘trust deed sale’. They are opting for the
lesser of two evils. Basically, the same thing you are doing.
What does a Short
Sale cost?
A short sale should not cost you a dime! Short sale brokers
and agents that specialize in this industry are compensated by your
lender as part of the negotiation process and should have to charge
you anything. NEVER, should you ever pay an upfront
fee or allow someone to modify the deed on your property when conducting
a short sale. As experts in this field, we highly discourage these practices
and they are typically scams.
What if my home already
has an auction / sale date?
In most cases, if there is an auction / sale date we can convince the
bank to postpone for at least 30 days and some cases 60 days. Where
you will run into difficulties, is when the date is just days away.
It is imperative, when considering a short sale, that you try to start
the process as soon as possible.
Why do a Short Sale?
Typically when someone is at the
point of not being able to afford their home due to; high rates, dips
in property values, divorce, loss of employment, decrease of income,
etc., then we are forced to make a life altering decision. We will be
the first to tell that a short sale is bad, but a foreclosure is worse.
Most importantly, you have the ability to save your credit from reflecting
a ‘foreclosure’ as to simply having a ‘settled debt’.
Any lender will tell you, having a foreclosure in most cases will prevent
you from purchasing or refinancing real estate over the next seven years.
What is required?
All banks will ask for several standard
pieces of information:
• A letter of hardship
• Two years tax returns (if you have not filed, include in hardship
letter)
• Two most recent paycheck stubs for each person on loan
• Two most recent bank statements
• Copy of mortgage statement(s)
• A signed borrowers authorization
*TD Short Sales require all items to be copies and sent in all at once
Why TD Short Sales?
Simple! TD Short Sales has the experience,
professionalism, knowledge, staff and contacts (with the lenders) to
negotiate much more effectively than most in the business…which
is few and far between. In addition, we will pay to have your credit
repaired over the next twelve months in order to get you back on track
and get your credit score up to an respectable level. If and when that
day comes when you decide to purchase or refinance real estate, we want
you to be able to qualify and get the best possible deal with the best
possible rate. It’s our job to help put the nightmare behind,
sleep well a night and resolve you of this obligation. We understand
how stressful this time can be.


|
|
TD Short Sales only contracts out
with a limited number of brokers and agents nationwide. We don’t
just assign your property to anybody. All of the real estate agents
in our network are previously experienced with ‘short sale’
transactions and have gone through extensive TD Short Sales training
seminars. There’s a right way and a wrong way. Don’t be
fooled by someone telling you that they know how to do a short sale,
when they truly do not.
Negotiating a short sale with the lender is a very difficult and delicate
process, generally because it is a daunting task finding a bank officer
who has the authority to accept a discount. You will have to call around
to locate the lender’s “Loss Mitigation Department.”
More than likely, each lender you deal with will have a separate name
for this department. Much like getting your phone bill corrected, you
can expect the process to involve a lot of waiting on hold and being
bounced around an intricate maze of automated voice mail systems. Once
you get in touch with the right person, then the negotiating begins.
That’s where TD Short Sales comes in!
From the lender’s
perspective, a short sale saves many of the costs associated with the
foreclosure process; attorney fees, the eviction process, delays from
bankruptcy, damage to the property, loss of a ‘working asset’…which
is extraordinary, costs associated with resale, minimal headaches, employee
expenses, etc. Banks are in the business to lend money for real estate…not
manage it! In a short sale scenario, the lender gets the property back
faster, so it is able to cut its losses. Our job as the negotiator is
to convince the lender that it will benefit them tremendously by accepting
a short sale now as to a foreclosure later.
The lender will want some information about the property and then you.
Specifically, the lender wants to know what the property is worth. The
lender will generally hire a local real estate broker or appraiser to
evaluate the property (called a broker’s price opinion or ‘BPO’).
We will also submit our own comparable sales information. In addition,
we will offer as much specific negative information about the property
as possible. Also, we will include some relevant information about the
neighborhood and the local economy if things are bad (copies of newspaper
articles with ‘bad news’ will help). A contractors bid for
repair estimates should also be submitted, which, of course, should
be the highest bid you can obtain! Keep in mind, the bank is not necessarily
local to the subject property. They need to be educated with your market.
The lender will also
demand financial information about you and anyone else that is on the
loan(s), not title. Sort of a backwards loan application, we must demonstrate
that you are truly in a hardship and an ideal candidate for a short
sale. It is our duty to make sure the bank understands that you simply
can no longer afford the payments and the property. This process is
very time intensive; however, this is what we do, and we do it well!
Typically, it requires much more paperwork, attention and expertise
than the loan required to put you in this mess. We insist that all of
our clients submit a ‘letter of hardship’ describing to
the bank all of the unfortunate circumstances that have taken place
recently and has caused you to no longer afford the property. This letter
is most effective when written no more than two pages. Don’t stretch
the truth…it’s not necessary, they understand.
Finally, the lender
wants to see a written contract between you and the broker (real estate
agent). We need to demonstrate to the lender(s) that all parties involved
are doing everything possible to sell the property for as much as possible.
The property needs to be marketed extensively and listed correctly.
Do understand, the bank is taking a substantial loss, so don’t
expect any funds at the close of escrow. As a matter of fact, you cannot
receive anything, and all losses the bank incurs, should be kept to
a minimum. Remember, the lender is on our side and wants to help throughout
the process. Yes, some are easier than others. However, we all need
to come together to satisfy all parties involved.
It is unlikely that the short sale bid is rejected, providing the offer
is within reason. Lenders aren’t emotionally attached to your
property, what they are attached to is the ‘bottom line’.
They want a foreclosure as much as you do. Short sales are bad…a
foreclosures is worse…much worse!
|
|