Short sales are very much worth
purchasing. They are an opportunity for
you – the Buyer – to purchase
a valuable property at (very often) less than market value. They are better than purchasing a
foreclosure because the seller is
still living in and caring for the property, and although the property may be
somewhat neglected due the seller’s financial distress, you can be somewhat
assured that they won’t angrily destroy or rob the property of fixtures or
amenities before you take possession of it.
Definition: A short sale occurs when
a property is sold and the lender agrees to accept a discounted payoff, meaning
the lender will release the lien that is secured to the property upon receipt
of less money than is actually owed.
Plain and simple -- this
happens because the seller cannot sell their property for what they owe.
Steps in a Short Sale:
¨
As
a requirement of doing a short sale, the seller must list their property in the
MLS with a Realtor.
¨
The
property is listed at fair market value
¨
Seller
signs an Authorization to Release Information granting their Lender permission
to discuss all aspects of the Short
Sale with their Realtor.
¨
Seller
requests a Short Sale Package from the Lender.
You want to work
closely with your Realtor (your Buyer Agent) to make sure that the seller is
serious and is completing all steps required by their lender in a timely manner.
This can be a long process for you, and it doesn’t need to be delayed by
the seller’s inability to comply with the process. You also don’t want to wait for months and months
only to find out that your offer has been rejected by the investor based upon
the seller’s failure to complete their part of the deal.
¨ Seller accepts the
buyer’s offer.
So far, this has been the
easy part. From your perspective as the
buyer, everything that has taken place is as it would be with a typical real
estate purchase.
Now comes the waiting .
. . . . .
. .
A
Negotiator is assigned by the lender.
Unbelievably, this takes about 4-5 weeks and is highly dependent upon
whether or not the Seller has produced all of the lender required documents
(much like applying for a loan) and a file has been started. It is also dependent upon how experienced the
Seller’s Realtor is. An experienced short-sale Realtor is very good
at navigating and guiding the process and will keep the Buyer Agent
informed. A week listing (seller) agent
can be a real handicap to the process and it will then be up to the Buyer Agent
to push and prod and pull the necessary information from the process and keep
you informed. The number one reason that
short sales fall apart is buyers pulling out of the process. Since the purchase of a short sale property
is generally a good financial opportunity for you, as a well-informed Buyer,
you will never pull out.
You must be patient, but
. . .
Having a good Buyer Agent will make this
process a little more tolerable for you.
¨ Seller's lender accepts
the buyer's purchase offer. This takes
some time – anywhere from 3 to 8 months, sometimes longer. During this process, there will be requests
for additional information from the seller, additional market analysis will be
completed, an appraisal will be completed, and you will be reviewed as a viable
purchaser.
¨ In addition to the Investor
accepting the Buyer’s offer, the Seller also has to accept the lender’s
terms. This means that whatever terms
the lender/investor sets forth for repayment, the seller has to agree to it. Of late, lenders are asking for very little
from the seller – anywhere from $500 to $2000 dollars and are not forcing the
sellers to accept 1099s for the dismissed debt.
¨ Transaction closes when the buyer
delivers the funds, the lender releases the lien and the seller delivers the
deed.
Seller
Qualifications for a Short Sale
¨ You must have a
hardship. This can be anything from the
home’s market value has dropped to
bankruptcy. Here are some
examples:
1. The
home’s market value has dropped. This
must be substantiated by seller’s Realtor with comparable sales.
2. The
mortgage is in or near default status.
It is no longer the case that you must stop making your mortgage
payments in order to be considered for a short sale. Lenders own more homes (foreclosure) than
they can handle; therefore, they are much more apt to accept a short sale.
3. Financial
hardship. The Seller must submit a
letter of hardship that explains why the seller cannot pay the difference due upon
sale. Some examples of hardship are:
a. Unemployment
b. Divorce
c. Medical
emergency / sudden illness
d. Bankruptcy
e. Death
4. The
Seller has no assets. The Short Sale
Package will undoubtedly include a copy of Seller’s tax returns as well as a
financial statement. If the Lender
discovers assets, they may require you to pay back the short fall. They may, however, discount the pay back.
Short Sale Recommendations:
¨ Hire
an attorney. This is not in place of a
Realtor, it is in addition to.
¨ Be
organized, punctual and courteous.
¨ Work
closely with your Realtor and Attorney.
¨ Your
Realtor should communicate regularly with the seller’s Realtor. Information is power, and eludes
confidence. You want to be well informed
all the way to closing.
I tell you all this because from a Buyer’s perspective,
this process can seem like a big, black hole.
You write the offer, the seller accepts it, the offer goes to the lender
and you are told that you have to wait 3 or 4 months to hear anything. WRONG!
Do not accept this explanation.
If you have an experienced and strong Buyer Agent, you should be
informed every step of the way.
That is how I do business.