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Master the Short Sale Transaction: Post 5 / After the Listing Appointment

By
Real Estate Broker/Owner with Broadpoint Properties Cal BRE #01324959

Master the Short Sale Transaction: Post 5 / After the Listing Appointment What Should I Do Next?  If you have been reading my previous posts on mastering the short sale transaction, you are probably well-equipped to take a short sale listing. Post 4 reviewed what should be collected at the listing appointment.

Post 5 will cover what to do next. Now that you have left the listing appointment, you will need to take all of the traditional steps to get your listing on the MLS, your sign on the property, and begin your traditional advertising campaign.

At the same time, you will need to order a preliminary title report, if you have not already done do. This report will confirm the number of liens currently filed against the property. All of these liens need to be cleared prior to close of escrow. Additionally, you will want to check the foreclosure status on the title report. Be familiar and mindful of these dates because these are your deadlines. For example, if a Notice of Default has been recorded in the state of California, this would mean that the property will probably go to auction about 4 months after the Notice of Default was filed. It is vital that you are aware of these dates up front and that you confirm them with the seller's lender and the title company.

Second, you will want your seller to fill out a Statement of Information that the settlement company can then use to determine if there are any additional liens against the seller. For example, if the seller owed a few thousand dollars on an unpaid credit card, this may come up on the information search. Items such as these will need to be cleared prior to closing the short sale transaction. This may mean that the seller will have to pay off some unpaid debts. So, being aware of these debts and discussing them with the seller will give everyone involved in the short sale a clearer picture of the transaction.

Third, you will want to send your authorization to the lenders involved in the short sale. This will allow you to discuss any matters regarding the short sale with your seller's lending institutions.

There are many details involved in the short sale transaction. It is important to pay attention to these details as any minor hiccup may cause problems. Don't want to negotiate the short sale yourself? Please feel free to contact my office.

Also, stay tuned for post 6 which will review the next steps in this wonderful and challenging process!

Comments (5)

Judith Reppert
United Country Countryside Realty - Mount Vernon, MO

Melissa, thanks for this informative series of posts.  I have done one short sale (it was successful!) and am now embarking on my second. It's very nice to see all this information so well laid out in one place since I certainly got my knowledge on the first by the "hunt and peck" method.

One concept I'm not familiar with is the concern about the seller's other debts, other than as a potential contributor to a hardship situation.   I didn't have this come up on the first one, even though I know the seller had unpaid credit card debt.

Can you expound a bit more on why the mortgage holder would care one way or another about payoff of the seller's debts that are not secured by the house?

Going off to join the short sale groups now...always more to learn and I'm sure plenty more of these to come even though our market is not having quite the same level of hard times as the coasts.

Aug 20, 2009 07:49 AM
Mary Douglas
United Country Ponderosa Realty, Red Feather Lakes, Colorado - Red Feather Lakes, CO
REALTOR, Red Feather Lakes, Colorado

Hi Melissa, Great series you have going on!  Love the gorilla photo, I might still be scatching my head, but can refer back to your series is needed.  Thanks for all the hard work on this series!

Aug 20, 2009 08:11 AM
Melissa Zavala
Broadpoint Properties - Escondido, CA
Broker, Escondido Real Estate, San Diego County

Judith: The lender would not be specifically concerned with the seller's other debts. But, as a rule, certain debts that are attached to the individuals (an IRS tax lien, a child support lien, an abstract of judgment) may need to be cleared for transfer of title. So, despite the fact that those items are not attached to the property, they do become a concern in order for a clean transfer of title. And, most recognizably, lending institutions are not going to be paying anyone's child support debts ;-)

The best folks to give you an exhaustive list of those items as well as further clarification would be title officers. In California, those folks are readily accessible.

Aug 20, 2009 01:29 PM
Judith Reppert
United Country Countryside Realty - Mount Vernon, MO

Thank you, Melissa, that was very helpful.

Aug 21, 2009 02:25 AM
Chris Ann Cleland
Long and Foster Real Estate - Gainesville, VA
Associate Broker, Bristow, VA

Melissa:  Like that yours is slanted toward Realtors.  I slanted mine toward the actual sellers.  They all need to know what to do.

Aug 21, 2009 03:19 AM