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Short sale and pre-foreclosure strategy.  What might your objectives  be and how should you accomplish those goals?   

For most upside down homeowners the threshold question is - keep the home or let it go.  Lately the large majority are saying let it go.  Many homeowner in San Diego and Florida are facing impossible arm payments.  Clients are telling me their arms are exploding and in the next few months their payments are going form $3,000 to $14,000 a month.  Not many people wish to make impossible payments on a home which has lost $100,000 in equity since their purchase. .  

Others just have no desire to spend their entire pay check on the mortgage when their homes are going down in value.

Its interesting a few months ago, many of the people I spoke with wanted to keep their home.  Lately not one of my clients or potential clients has said they wanted to keep their property.   

 

So that is where our inquiry begins.  In consultation with our clients and either the Realtors on our team or the clients  Realtor we usually design a strategy with the following goal:   

1. Avoid or minimize deficiency.

2. Avoid or minimize tax liability.

3. Avoid or minimize damage to credit.  

 

In the next post we will discuss our non proprietary strategies designed to avoid a minimize deficiency.  We will also discuss how a short sale can help achieve that goal if the proper legal agreements are drafted.  I will also post an excellent question that two of my recent clients asked about the affect of short sale vs allowing a foreclosure when you have non  recourse loans.  When a appropriate I will explain the difference between our pre foreclosure strategies for California homeowners and pre foreclosure strategies for Florida homeowners.   

 

6 Comments on Short sale strategy - The goals of a short sale for a san diego homeowner

3. Avoid or minimize damage to credit.   This is the only one I care about, since it has the longest term of consequences.

09/17/2007 09:57 AM by Main Line Real Estate - Christopher Benedict (RE/MAX Main Line)


That is interesting.  And it is why short sale advisors have to consult with their clients and ask them their goals.  

Some clients have trust accounts that will become lost. Some have credit concerns, some want to protect their other properties and some fear  $100,000 dollar 1099 because not only would they have to pay 20-40 grand in real money as tax but they might get jumped to a higher tax bracket. 

Thanks for comment as it reminds me that every person has different needs.   

 

09/17/2007 10:37 AM by San Diego Short Sales San Diego Real Estate Attorney (UpsideDownRealEstate.com)


John, my comment went a little to far for this forman. I posted it at Politically Correct Entitlement

Bill

09/17/2007 02:08 PM by William J Archambault Jr (The Real Estate Investment Institute )


Are you seeing banks accepting reasonable discounts on short sales?  Most of my investor buyers won't pay more than 70% of the retail value and it seems like a lot of the banks are still being stubborn and not admitting that the market is soft.

09/17/2007 04:07 PM by Rob Arnold, Florida Realtor / Investor (Sand Dollar Realty Group, Inc.)


It's interesting that you mentioned San Diego and Florida. Any particular reason why those two locations stand out?

09/17/2007 09:46 PM by Lisa Hill (Daytona Beach Real Estate) (Adams Cameron and Company)


I mention San Diego because it is where I went to law school, work as a lawyer and and lived for 14 years of the last 18 years.  But I still have a property in Bradenton and I lived there for 3.5 - 4 years.  

As far as short sales in Bradenton and Sarasota.  I have two reports,  one from a Realtor who says the banks are not doing them anymore and  I spoke with the broker who is charge of one companies real estate offices from Venice Florida to Lakewood Ranch who reported some of his agents are doing plenty of them.   I have been getting 10 phone calls from San Diego homeowners to 1 call from Florida homeowners so naturally I have more short sale info for California.

Also one of the short sales I have currently open (in Sarasota) is tricky because the lender went Bankrupt.  I was given incorrect information about who the new servicer would be.  I had been contacting Countrywide but today we found out it would be a Wall Street Bank. 

I eventually plan to compare and contrast a recourse loan state with a state that has a mix of non recourse and recourse loans.  However for now I have more things I would like to blog about than time. 

     

09/18/2007 10:33 AM by San Diego Short Sales San Diego Real Estate Attorney (UpsideDownRealEstate.com)


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Real Estate Agent: San Diego Short Sales San Diego Real Estate Attorney (UpsideDownRealEstate.com)
San Diego Short Sales San Diego Real Estate Attorney
San Diego, CA
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UpsideDownRealEstate.com

Office Phone: (800) 608-8311
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Short sales and loan modification information from a California real estate attorney.


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