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Documents Needed for a Short Sale

Reblogger Joe Garcia
Real Estate Agent with EXIT PERMIAN BASIN REALTY 0591918

Original content by Oscar Morante

A short sale is a transaction in which a homeowner sells a property for less than what is owed, the lender takes a loss, and any unpaid balance is forgiven. For this to happen, a set of documents is needed.

Main Documents:

  • Purchase and sale agreement. This is the accepted offer. This document is evidence that, under a certain set of conditions, the owner is willing to transfer ownership of the property to the buyer. Of this set of conditions, purchase price and possession date are the main focus. The purchase and sale agreement needs to be well-executed. To be legally binding, it must be signed by all who claim ownership of the property.
  • Hardship Letter. This is a personal letter, from the homeowner to the lender, explaining the reasons for being unable to continue paying the mortgage. This is a critical document. To be effective, it must clearly state the situation, show concern, and demonstrate that the homeowner is taking action for the problem to be resolved. It is best if this note is hand written and not very long.
  • Homeowner's financial statement. This is a worksheet presenting all income, assets and liabilities. The homeowner and all co-borrowers must be included.
  • Latest two bank statements. If the homeowner has more than one account, all the statements must be presented.
  • Latest two pay stubs. If the homeowner has more than one job, all the stubs must be shown. Unemployed homeowners must present the latest available. Self-employed individuals can provide a profit and loss report.
  • Last two years tax returns. Often, homeowners in foreclosure have missed filing their taxes. In this case, present the latest available and write a personal note to the lender explaining the situation.
  • Last two years W-2s. Employers provide this to employees and the IRS every year. Provide the latest available.

Supplemental Documents. In addition, if relevant and available, the following documents are very useful. In some instances, they are absolutely necessary.

  • Death certificate
  • Divorce decree
  • Incarceration decree
  • Bankruptcy discharge letter
  • Relief from stay
  • Proof of disability
  • Insurance claims
  • Police reports
  • Court approvals
  • Anything that may be useful

 Additional Documents. Once in contact with the lender, these two additional documents will be needed.

  • Listing agreement. Often lenders want to make sure that the property is listed or has been listed by an agent. This is a must for real estate agent commission allowance.
  • HUD-1. This is the RESPA compliant settlement net sheet. RESPA stands for Real Estate Settlement Provisions Act. It shows who gets paid what, and how much. This document shows the main thing the lender wants to know: How much the lender will get.

 These are the documents needed for a short sale to be negotiated. The more complete, the better. The degree of what is acceptable varies from lender to lender. Some lenders are more demanding than others. Have all these documents. The short sale will go a lot smoother.

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Jim Hale
ACTIONAGENTS.NET - Eugene, OR
Eugene Oregon's Best Home Search Website

Joe -

Great list.  The list is key to success.  It used to be Dress for Success.  Now, it's:  The job's not done till the paper work's done.

Oct 12, 2009 07:29 PM
Cathy Glass
Realty Executives Associates - Knoxville, TN
Realtor - Knoxville, Tennessee

Thank you for taking the time to put this list together.  It is so helpful. Are you seeing that the banks are still willing to do short sales okay?

Oct 12, 2009 09:45 PM
Joe Garcia
EXIT PERMIAN BASIN REALTY - Odessa, TX

Jim I agree!

Cathy I have noticed that some banks are still willing to do short sales depending on the homeowners situation.

Oct 13, 2009 03:23 AM
Anonymous
Ariel
A short sale cannot be conridesed a method to bolster the bankers, because an investor is in fact loosing money in the process. A short sale is a very intelligent option for people who simply cannot afford their mortgage payment regardless of how much modifying is done.The HASP program is not designed to give away homes to people who cannot afford them, rather to help responsible consumers keep their home that they have worked hard to maintain. Too many people who took advantage of the stated income days, cannot afford their homes at all, so why is a short sale a bad option? I honestly believe that it is as much of a resolution as a modification, because one workout option is not going to work out for every borrower.Truth be told, there are many people living in homes that they cannot afford, whether it be due to job loss, another hardship or just irresponsible behavior on the consumers end. One of the things that is going to help this nation pull out of this mortgage mess is honesty. Homeowners need to evaluate themselves and their financial situation, and determine if keeping their home is indeed the best option. If it isn't, why put everybody through the time consuming and costly process of a foreclosure? Who wins during that process? Anybody familiar with one, know that it is a lose-lose-lose situation, not only for the homeowner, but for all parties involved.A short sale or Deed in lieu is in fact the least painful option for consumers who are unable to afford their property, and need to get out of where they are, and simply start again. I would think that lenders hesitation to approve short sales, would confirm that bankers are not making a profit, since that tends to be their ultimate goal.
Jul 24, 2012 12:12 AM
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