With so many families and investors facing the reality of Foreclosure in Cape Coral and Fort Myers Florida, you may be asking yourself exactly what is a Short Sale?

The good news is that you are in the right spot to find the information necessary to answer a wide variety of questions you may have regarding performing a Short Sale on your own property.

If you are in financial distress and have thought about selling you home as a Short Sale to avoid foreclosure, follow this link for assistance.  We can help you and your family.  We are a proven leader in our community when it comes to listing, negotiating, and closing short sale properties for our customers.

WHAT IS A SHORT SALE?  A "Short Sale" or "negotiated settlement" or "short pay" occurs when a Lender agrees to accept less than the amount owed to payoff a loan as an alternative to foreclosure.  If the property is worth less than the amount owed on the loan, then even if the Lender forecloses and takes back the property, they know they are going to take a loss.  We can often convince a Lender that they will "do better" if they take less than what is owed now rather than taking the property back by foreclosure and trying to sell it later.

HOW LONG WILL IT TAKE?  The Short Sale negotiation process is a lengthy one.  It may take several weeks or more likely several months to get an approval.  Many Lenders have several layers of bureaucracy, insurers, and investors that we will have to maneuver through in order to get a Short Sale approved.  So it is important to be patient during this long process.

BUT MY HOUSE IS GOING TO FORECLOSURE, WILL I HAVE ENOUGH TIME?  Maybe, maybe not.  Just starting a Short Sale will not automatically stop a foreclosure.  However, many times we can convince a Lender to stop the foreclosure to let us attempt to negotiate the Short Sale.  So, while there are no guarantees, it does not hurt to try.

CAN I STAY IN THE HOUSE?  The key word in "Short Sale" is sale.  The purpose of a Short Sale is to get the property sold.  So you will be moving.  This is not a program that can stop a foreclosure and allow you to keep the house indefinitely.  It will be easier to sell the house if it is vacant, so you should make plans to move as soon as possible.

HOW DO I KNOW THIS WILL WORK?  You don't.  We cannot, have not, and will not make any promises to you that this will work.  Once you missed a payment, the Lender is in charge and can proceed to foreclosure if they want to.  But we know they do not want to and we are very good at presenting alternatives to the Lender that they often want to accept rather than foreclose.  We are very good at what we do, but NO PROMISES are being made as to whether or not the Lender will accept a Short Sale - they may or may not.

WILL I GET ANY MONEY FROM THE SALE?  NO.  A universal requirement of Lenders in granting a Short Sale is that the borrower will not get any proceeds from the sale of the property.  The Lender is going to take a loss on your loan - they are not going to let you get any money.

WHAT HAPPENS IF THIS DOESN'T WORK?  Your house will likely go to foreclosure.  A Short Sale is something we try after you have exhausted your other options.

WHAT IS A "RELEASE":  A Lender may offer to "release" its security interest against the property in exchange for less than the total amount of the note.  A release will allow the property to be sold without paying off the obligations of the note.  However, the note is not satisfied.  Advantages:  This successful Short Sale will allow the property to be sold and thus avoid a foreclosure.  Disadvantages:  The remaining debt on the property (sometimes called a "deficiency") still exists.  You are still liable for the note - in other words - you still owe the money.  Reality:  It is not likely that the Lender will pursue the deficiency unless you have other significant assets, and if you don't try a Short Sale and the property goes to foreclosure, you are going to have a deficiency anyway.

WHAT IS A "SATISFACTION":  A Lender may agree to accept less than it is owed as complete and total satisfaction of the note and release its lien against the property.  Advantages:  Your note and obligation to the Lender are satisfied for less than you owe.  When the property is sold, the debt is paid off completely. Disadvantages:  You may have some tax consequences that you should discuss with your tax advisor due to the fact that the Lender is making money you owe disappear.  Sometimes our negotiations are successful in obtaining a satisfaction.  Sometimes all we can get is a release.

WILL THERE BE TAX CONSEQUENCES?  If we are successful in obtaining a full satisfaction, then there will be tax consequences just like winning the lottery, getting a raise, or finding a bag full of money.  Essentially a satisfaction of a debt is like finding a bag full of money and you should consult with your tax advisor as to whether or not a successful Short Sale will result in any taxes owed.  However, we know of very few people who do not want to win the lottery because there may be tax consequences.

HOW CAN WE HELP YOU?  Our team will list your property for sale at their true market value, take photos, place a lock box on the property so other agents can show the home, and market the property on almost 40 different national internet real estate sites just as we would with any other customer who asked us to sell their property. 

Since this would be a short sale pre foreclosure file we also obtain the sellers financial and mortgage lender information and make contact with the lenders loss mitigation department to obtain the contact info for who we would be working with.  Then as soon as we have signed contracts for sale and purchase on the property we actively negotiate the short sale with the lender(s).

Your Lender will require a review of a financial package that usually includes:  two months' bank statements, two months' pay stubs, two years' IRS tax returns and other information.  The leading cause of delay and even denial of our offer to the Lender is caused by the Seller failing to deliver these items in a timely manner. 

TO HELP YOU SUCCEED IN SHORT-SALE'ING YOUR HOME - CONTACT US TODAY and we will send you all the information and forms needed for us to start the process of assisting you with your home.

ARE YOU AN INTERESTED BUYER? Then this is the place for you.  Your interest in foreclosures, pre-foreclosures, short sales and competitively priced properties in and throughout SW Florida will assist our sellers.  As the market continues to shift we have some great deals on homes and property available for buyers. 

ADDITIONAL QUESTIONS FOR SELLERS AND BUYERS ?

Contact me at any time via e-mail Scott@The-Extreme-Team.com or directly at (239) 340-1384

Scott@The-Extreme-Team.com www.ScottSlocum.info Short Sale Help Today !!!

Scott Slocum, Realtor
Sellstate Achievers Realty Network Inc.
7431 College Parkway
Fort Myers, FL 33907

"Copyright © 2007 by Scott Slocum. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed without the written consent of the author."

 
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12 Comments on Cape Coral Short Sale - How Does It Work ???

SEP
04
2007
1 Featured Post

A good bit of info, and a good read even a distressed homeowner should grasp.  Would you please post it in my Group:  ForeclosureFocusUSA

Thanks.

9:52am • #1
Excellent post! Thanks for the info.
9:52am • #2

Scott:

This post is very good. I have a few sellers in this very situation and they have started the process, vacated the property and listed with me. It is a process with many twists and turns. The lender is willing to take a loss usually, I have found that buyers want an even better "deal" ~ thinking that the market will adjust even more in the next few months....

Nicely done post!

9:56am • #3
130,028 Points Outside Blog
Funny when talking about a short sale and it could take months to close on the deal. Why so long I do not understand?
10:05am • #4
Outside Blog
Unfortunately, short-sales are too big these days.  Thanks for the info though!
10:06am • #5
138,531 Points 14 Featured Posts Localism Sponsor Outside Blog
I appreciate your emphasis on a WHO KNOWS scenario- short sales are so hit and miss.  For someone to use an experienced short sale specialist is wise- it's a tough, gritty process that requires knowledge!
10:12am • #6
4 Featured Posts

Scott,

I think this is a terrific post, keep on going...

Tom Weiss

10:28am • #7
7 Featured Posts

VERY WELL DONE - BUT ONE HUGE LEGAL LOOPHOLE LEFT OPEN..... 

Really, Scott, this is concise and well written, covers a lot of bases without too many words...

HOWEVER:  THE SELLER SHOULD NOT MOVE OUT OF THE HOUSE....

Per a seminar I recently attended, the seller who moves out before foreclosure, or even after foreclosure but before eviction is said to ABANDON the house. 

Every mortgage has a clause on abandonment.  The bank can padlock the house, force insurance on you, charge you for maintenance, and accelerate the foreclosure process if you abandon.  Seller may even be liable for FAILUR TO SECURE PREMISES which means vandalism repair costs can be charged to seller. 

There may be other legal implications - SELLER SHOULD NOT MOVE OUT until Post Sheriff Sale Eviction Notice Posted.    

10:35am • #8
7 Featured Posts
Hey Scott:  Would you mind if I made a client info sheet off of what you wrote?  I do more and more short sales, and could use such a concise explanation...  I will tweak it a bit, but would like to run with what you have started.  Is that ok?
10:56am • #9
SEP
06
2007
Nice post but I agree with LONN, do not move from the home too soon. Have you done the research on the per cent of short sales that actually get a contract? And then close? 4% and 2%.
8:54am • #10
7 Featured Posts

Robert and Vanessa:

Do you have a source for those percentages? 

I ALWAYS get offers, and have been able to close most... about 75%

10:26am • #11
111,651 Points 6 Featured Posts Outside Blog

Robert/Vanessa:

I think the percentages are way off. Where did you come up with those figures?  

Lonn, I agree with you & I think that it truly depends upon WHO is handling the transaction & their level of experience & knowledge.

I'm still perplexed over the whole 'should they move or stay' discussion though. I think it is difficult to find a place to rent after your credit has been affected & I also think the homeowner feels better & more like they can 'move on with their life' if they leave before its all done. But I see your point as well. Vacant homes can be a real nightmare - legally & liability-wise.

11:42am • #12

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Cape Coral Real Estate Scott Slocum & Associates 239-340-1384

Cape Coral, FL

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Florida Future Realty Inc.

Address: 2816 Del Prado Blvd South, Unit 2, Cape Coral, FL, 33904

Office Phone: (239) 340-1384

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