A Short Sale is NOT

A sale under market value

 

A Short Sale is NOT

Bank owned (foreclosed) house

 

A Short Sale is NOT

House being sold at public auction

 

A Short Sale is NOT

A home that is paid for and is being sold for under its Market Value

 

A Short Sale is NOT

House is sold on the county steps for the highest bidder - Trustee Sale

 

A Short Sale is NOT

When you turn your home back to the lender under the DIL process

 

A Short Sale is NOT

 

Lender does not grant approval for short payoff but you lose the house at the end of the foreclosure time-line

You might say a short sale is not EASY!

 

A short sale is when you owe more than your home is worth AND you list and receive a formal offer that is approved by the lender BUT it is for less than what you owe on the mortgage.

And BEWARE of verbal agreements.  Get it in writing... the only way it is an agreement is in writing.

Want more tips? Give me a call at 866-750-8282 or visit our site at http://www.motheranddaughterrealty.com/

 

For free market evaluation of your home visit http://www.motheranddaughterrealty.com/

Check out my Mother and Daughter Blog for other tips for Sellers and Buyers. I work with my daughter as the Mother and Daughter Real Estate Team and we also focus in Short Sales and the Pre-Foreclosure process.  Our consultations are free.  Our aggressive marketing plan includes progressive on-listing advertising.  If you are thinking of selling or buying a home in Northern California: Central Valley (San Joaquin/Stanislaus Counties), East Bay (Alameda Counties) and would like a free Home Seller or Home Buyer Handbook, please call us at Perfect Financial Solutions 866-750-8282 or direct 510-284-7721 or email at brooksrm2042@aol.com

 


the Mother and Daughter Real Estate Team ~ Short Sale Specialists

Perfect Financial Solutions - We care about our clients Real Estate needs
Tel.: 866-750-8282
Fax: 209-879-4601
http://www.motheranddaughterrealty.com
 
This post has been included in California Information

30 Comments on What a Short Sale is ...N O T!

JAN
04
2008
I like your style....NOT. No just kidding. Thanks for the blog.
10:12pm • #1
8 Featured Posts
Rosemary ~ Nice post.  There are some real misconceptions about short sales out there.  Thanks for sharing.
10:34pm • #2
109,520 Points 1 Featured Post Outside Blog
Excellent information for the Consumer, Rosemary! 
11:00pm • #3
JAN
05
2008
178,499 Points 1 Featured Post Localism Sponsor Outside Blog Hit Router
Graham - NOT Welcome!! Justing kidding, not really just kidding. You're welcome and I hope it gets the point across.
2:38am • #4
178,499 Points 1 Featured Post Localism Sponsor Outside Blog Hit Router
Brande - Thank you.  Yeah I agree some have the wrong idea of what a short sale is and I wanted to put a few of those to rest.
2:39am • #5
178,499 Points 1 Featured Post Localism Sponsor Outside Blog Hit Router
Amanda - Thank you.  Part of my 2008 plan is to reach the consumers, reach, reach.  I hope this is a good start.
2:41am • #6
JAN
06
2008
151,686 Points 10 Featured Posts Outside Blog
Rosemary- My question to you is I had a short sale approval waiting to go to closing. I ran into a problem with the IRS but was fixing it. The bank went ahead with the foreclosure sale date the other day. So why would the bank go with the forecosure if we had an approval???
7:20am • #7
178,499 Points 1 Featured Post Localism Sponsor Outside Blog Hit Router

Jeanette ~ without knowing the timeframe for the approval, if it was signed by the seller and the lender and in escrow, how much information you provided to the bank about the IRS problem and if they signed off on it (if it was a lien did the lender agree to pay that lien or was it going to be removed?), and/or if your approval was final to the point that the lender had notified the foreclosure company of the postpondment?  These are questions that I would need to know and you should know in order to try to answer the question.  And oh, did you call the lender and ask them why or how could they go back on an agreement.

Now if it was a verbal agreement, its not worth the water in the strainer.  Hope this helps.  If not, give me more information.  Sorry to hear that they went ahead with the foreclosure.

12:11pm • #8
151,686 Points 10 Featured Posts Outside Blog

I had a letter of approval from the bank that the short sale was approved. I only found out about the tax lien when the title company for the buyer did there search. Once I found out I went to the bank with the info letting them know I was in touch with the IRS. They actually were going to lift it in order to move forward. They only needed a few more days. Would you believe the bank did not want to give those few days. They rather have gone into foreclosure then sell the property and get the money. Now I need to call the foreclosure lawyers to see if they are willing to go forward with this deal. I have heard that sometimes they will go witht he deal. The buyers agent told me his client really wants this particular unit.

What are your thoughts???

12:29pm • #9
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Jeanette - how terrible is that.  These lenders seem to be heartless on this side of the transaction that they were "buyers friend" at the beginning when they were approving those crazy loans and such. 

If you had an approval for a certain date to close: The lenders usually will not extend that date but if you asked in writing and told them the problem and that you were clearing it and how much more time you needed.... and if it was not an outrageous time frame, plus you could have given them the IRS contact if they needed that to verify that you were not just trying to stall the sale.... that should have worked.  But since it did not work... 

If I were the owner/seller: I'd write letters and try to negotiate my credit since it was short sale approved.  I'd get the IRS letter of lift intent (if they will give it now). Or I'd use any information I had on the communications with the IRS.  Talk to a real estate attorney or advisor or someone that would know the next step.

If I were the buyer: I'd fight because there was a signed agreement.  I'd fight right along with the seller.

If I were you: I'd fight to clear this up.  It would take a lawyer to tell you your next steps.  Might be a time of redemption for the owner to complete the sale as agreed upon.  Might be tight if .... the date agreed upon had lapsed prior to the trustee sale.

And of course, different rules for different states. I'm in California.

If that did not work.... and the buyer still want the house.  I'd wait until the property is assigned to a REO agent and purchase it that way.  Probably will get the same type deal.  Of course, that cuts you out of the proceeds of a commission. 

12:47pm • #10
151,686 Points 10 Featured Posts Outside Blog
Thanks for the info!!!! I will look into all of this. I could not believe they would not give me the few more days I needed.
12:56pm • #11
178,499 Points 1 Featured Post Localism Sponsor Outside Blog Hit Router

Jeannette ~ funny thought.  Now that the bank has taken the property, they will have to work with the IRS to get the lien lifted from that property BEFORE they can resale it!

Thanks for sharing... this has given me a couple of ideals on my next blog!  Oh and I added you to my associates list.  Good luck with this situation and I sure hope that I have been helpful.  But do not take my words solely, use it as a stepping stone to go to a real professional (attorney for real estate that knows about foreclosures and the rights of your state.)

Nice meeting you.

1:14pm • #12
151,686 Points 10 Featured Posts Outside Blog
Thanks for the advice. Look forward to reading your next blog!!
2:18pm • #13
178,499 Points 1 Featured Post Localism Sponsor Outside Blog Hit Router
Jeannette ~ You are welcome.  I will give you a heads up.  Have a great day! And please keep me informed of the status of the short sale.
4:11pm • #14
1 Featured Post
Missed on Rosemary: A short sale is NOT.... easy!  :)
7:20pm • #15
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Frank ~ thank you! I don't know how I missed that one! It is not easy.  I have not heard of many that will say that it is an easy transaction.
10:22pm • #16
JAN
19
2008

Rosemary,

     I like this post of what a short sale is NOT.  I use it sometimes to my clients when they think it's a regular transaction and I can get answers from the bank in matter of hours.  As if I was speaking with an Escrow or Title officer. LOL

12:39pm • #17
178,499 Points 1 Featured Post Localism Sponsor Outside Blog Hit Router
John ~ thanks.  I am glad you started the group on short sales.  I am sure we will see alot of great information there.  There are so many things that a short sale is NOT, I will keep adding to the list.
12:52pm • #18
260,260 Points 20 Featured Posts Outside Blog

Rosemary... another good post... but you may be (unintentionally) misleading because while you are correct in stating that you "DO NOT HAVE" to be in default to be considered for a Short Sale, Many lenders still "WILL NOT" consider that request if you are not.  I have personally been on a conference call with my clients and their lenders when they have been told this.  Their perspective (told to me as recently as this week by several loss mitigation reps) is that if a client is not in default on their mortgage the lenders feels that they have the ability to keep paying or that they most likely have the means to make up a shortfall in sale price vs. amount owed in a traditional (non-short) sale.

I will say that more lenders seem to be more open to this idea in the past few months (how progressive... lenders thinking proactively) but it is still not an option with many of them.

1:45pm • #19

RESPONSE to Steve:

     Yes, you are right on that most will not consider the short sale until they are in default.  But the few that do are very welcoming to the idea will only accept the idea if all the ducks are in order.  But the key is that you have to meet the servicer and investors needs, which is I guess an obvious point... sorry.  Real-time experience is the only way to gage which one is or is not...

    In a perfect business they would be able to but in their defense with the recent flooding of files, they were not considering it.  I was told mostly because of staff's experience.  And again not enough time and man-power for them to deal with those types of requests.

2:06pm • #20
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Steve ~ good point, however, I do know of some owners that have been able to do the short sale while not in pre-foreclosure (3 or so months in default ).  So.... not to be misleading some time it does happen so that is why I said it like that.  The majority of the lenders will not approve a short sale unless it is in default.. but you have to be careful how you tell owners that so that it is mistaken that you are telling them that they should go default... and we can't lead them to do default in order to get a short sale.

But as a rule, being in default is the first thing they check.

8:07pm • #21
JAN
22
2008
178,499 Points 1 Featured Post Localism Sponsor Outside Blog Hit Router

John ~ thank you for your response.  There is always the other side of what is going on.  I think the lenders need to hire more "negotiators".  Get their files caught up and then worry about vacations, long breaks and enjoying the job.

After all, they enjoyed the flood when they were approving these killer loans.  Well, not the negotiators but the companies.

2:52am • #22

One quick comment Jeannette Since the home was already in the process of foreclosure, on the addendum from the REO company did it state that they had the right to cancel and/or move forward with the forelcosure without notice? I have heard of this happening before and the last few forelcosures I wrote up had this statement or one to that effect in it. Unfortunately if it is written in the addendum your buyer signed, they can cancel the sales agreement and move forward with the foreclosure...

and Rosemary GREAT POST! ;0)

3:38am • #23
178,499 Points 1 Featured Post Localism Sponsor Outside Blog Hit Router
Sara ~ thank you for your input and you are correct, this is why is it so important for the agent to go over the agreement received from the lender and read it over a couple of times because they will throw in "got cha" phases that will come back to bite.  The seller should not sign until they understand what they are signing.
3:47am • #24
Rosemary, great post. I would like to feature it on the Short Sale sight however the part about not being in "default" might be the case in CA it is in fact the case in the majority of states. Especially states that are Deed of Trust states. If you could ammend that to state this I will put you on the featured list.  Paul
7:46am • #25
JAN
26
2008
151,686 Points 10 Featured Posts Outside Blog
I will have to review it to see if it states that. But on another note. I have been in contact with the bank after it foreclosed the property. They are willing to still go through with the deal since we already had a contract. They extended it for that reason. It took me forever to track someone down in the IRS to lift the lien that put us back to begin with. They wanted so much info I couldn't believe it. I finally got a letter the other day from the IRS saying they lifted the lien based on what I was able to prove. All I have to do now is after closing forward the HUD and new recorded deed.
9:48pm • #27
178,499 Points 1 Featured Post Localism Sponsor Outside Blog Hit Router
Jeannette ~ That is great news.  Good for you for hanging in there.  See.... its pays to be persistent and insist on being heard.  Good job. Hopefully you have learned somethings that you can share with us later on. lol
10:00pm • #28
JAN
29
2008

I'm puzzled. Prices are dropping, and it's impossible to deal with lenders. Responses to offers taking more than a few days? (weeks or even months). How is that possible? I'm skeptical that any short "sales" are actually occuring.

No buyer I know is going to wait more than a week. No response, move on to the next one on the list. (The list of homes for sale that aren't shorts). 

Josh Timmons
12:38pm • #29
178,499 Points 1 Featured Post Localism Sponsor Outside Blog Hit Router
Josh ~ I agree that short sales seem to be moving slow these days.  Slower than they were moving or not moving in the beginning of this choas.  However, the other end of the stick is buying a REO and that process will have you pulling your hair out too.  More demands on the lending side, less communication with what the seller is going to do or when. SO its rough all over.
3:26pm • #30

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Rosemary Brooks -Mother & Daughter (866)-750-8282

Stockton, CA

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