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Short Sale
A short sale is one of the options available to homeowners to avoid painful process of foreclosure. It is a sale of property for less than the total amount owed to the mortgage investor. The lender forgives the remaining balance of the loan.
  • Property must be listed with a realtor.
  • Purchase offers must be submitted to the mortgage servicer for approval.
  • Mortgage servicer should approve the price and offer to complete a deal.
  • No action will be taken to obtain losses from borrower.
If the homeowner’s does not have the ability to support their mortgage payment, sometimes the only solution is to short sell the property. A short sale is a sale of real estate in which the proceeds from the sale fall short of the balance owed on a loan secured by the property sold. In a short sale, the bank or mortgage lender agrees to discount a loan balance due to an economic or financial hardship on the part of the mortgagor. This negotiation is all done through communication with a bank's loss mitigation or workout department. The home owner/debtor sells the mortgaged property for less than the outstanding balance of the loan, and turns over the proceeds of the sale to the lender, sometimes (but not always) in full satisfaction of the debt. In such instances, the lender would have the right to approve or disapprove of a proposed sale. Extenuating circumstances influence whether or not banks will discount a loan balance. These circumstances are usually related to the current real estate market and the borrower's financial situation.
A short sale typically is executed to prevent a home foreclosure, but the decision to proceed with a short sale is predicated on the most economic way for the bank to recover the amount owed on the property. Often a bank will allow a short sale if they believe that it will result in a smaller financial loss than foreclosing as there are carrying costs that are associated with a foreclosure. A bank will typically determine the amount of equity (or lack of), by determining the probable selling price from a Broker Price Opinion BPO or through a valuation of an appraisal. For the home owner, advantages include avoidance of a foreclosure on their credit history and partial control of the monetary deficiency. A short sale is typically faster and less expensive than a foreclosure. In short, a short sale is nothing more than negotiating with lien holders a payoff for less than what they are owed, or rather a sale of a debt, generally on a piece of real estate, short of the full debt amount. It does not extinguish the remaining balance unless settlement is clearly indicated on the acceptance of offer.


Who Should Consider Short Sale Process
Loan modification is the best solution for a homeowner to save their property. If the borrower does not qualify due to financial, a short sale is the next best alternative.


Why would a lender agree to a short sale?
The answer is very simple: Lenders do not want to own houses. Lenders are in the business of loaning money, not in the business of stockpiling real estate. According to top mortgage industry research provided by FBR Research, it can cost up to 41% of your loan principal value for a bank or lender to foreclose on your home.

From a business standpoint, the lender will make out better if the property is put on the market and given an opportunity to attract a buyer through private sale.

Why is the short sale a viable option for the seller?
A foreclosure can have a devastating impact on someone’s credit report that has a lasting effect for years to come. A short sale is typically reported on a credit report as a debt that is “settled for an amount less than what is due”. While this will cause a dip in your credit score, it will be nowhere near as harsh as the reporting of a foreclosure.

Loan Modification Facts
  • Mortgage servicers provided loan workouts for approximately 189,000 borrowers in August 2008.

  • In August, approximately 110,000 homeowners received repayment plans; approximately 79,000 received loan modifications.

  • Nearly 53 percent of homeowners with subprime loans who received workouts through mortgage servicers received modifications.
Above statistics as reported by CNBC and HOPE NOW on October 2, 2008.

Regional Information **
The current loan modification rules as well as foreclosure and loan modification statistics vary greatly from state to state. Select your state below to get a better understanding of your current local situation.
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