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Just What is a Short Sale?

By
Real Estate Broker/Owner with M & M Realty of Brevard Inc. BK629999

Just what is a short saleToday, there is so much talk about sellers that are putting their homes up for a short sale, that often times we take for granted that everyone knows what the term ‘short sale’ actually means.  Last week I was on the phone with a buyer and I mentioned short sales, and quickly realized that this client didn't quite understand the term.

According to the Melbourne Association of Realtors here in Melbourne Florida, ‘a short sale is when a bank or a mortgage lender agrees to discount a loan balance due to an economic or financial hardship on the part of the mortgagor.  The homeowner/debtor sells the mortgaged property for less than the outstanding balance of the loan, and turns over the proceeds of the sale to the lender to satisfy the debt.’  The lender has the right to approve or disapprove a proposed sale.  And, the lender determines whether they will file a deficiency judgment against the seller for the difference between the net proceeds of the sale on the home and the mortgage balance.

Often times a short sale is a more favorable option to a lender than the home going into foreclosure.  Typically, a short sale can be quicker and less costly than a foreclosure. For the homeowner it keeps them from having a foreclosure on their credit history, which typically is reported for a longer period of time than a short sale.

In researching listings in the Brevard MLS the Melbourne Association of Realtors MLS reminds consumers that a list price in the MLS may not be a price that a lender will agree to.  They may want more money based on a BPO, or Broker’s Opinion of Price, based on comparable homes sold in the area over the past 3 months. Or they may agree to accept the buyer's lower than list price offer. They may not agree to a short sale for a particular homeowner at all.  But, typically they require an Offer to Purchase be presented before they review a consumer’s complete package of documents, to determine whether a short sale is an option to an owner. 

Multiple offers may be presented to the lender on the same property before the lender makes a decision on a short sale, depending on the lender.

Some short sale negotiations can take weeks and some can take months.

The most important advice we can provide in determining whether you are considering a short sale, a deed in lieu of foreclosure or a foreclosure is to seek the advice of a professional. Talk to an attorney or an accountant BEFORE making any decisions at all.  You need to be sure that you understand how your decisions are going to affect your individual situation, and your credit history in the future.


 

This article is authored by

Sandy Shores Realtor, Melbourne FL Real Estate

Brevard County Real Estate & Investing

Palm Bay Florida Real Estate News

 

Lou Ludwig
Ludwig & Associates - Boca Raton, FL
Designations Earned CRB, CRS, CIPS, GRI, SRES, TRC

Hi Sandy

This is a very helpful post regarding short sales and how they work.

Good luck and success.

Lou Ludwig

Feb 26, 2009 10:55 AM
Anonymous
Eileen Knode

Sandy,

Hi!  I called an agent to show their listing the other day.  The agent told me that the sale will be a short sale.  That the seller is NOT late on payments, but the bank will need to approve the sale.

This is news to me that banks are approving short sales without the sellers being late.  Is this a new a trend?  Or is this normal?

Thank you for any information that you can share to enlighten me on this subject. 

Eileen Knode, ABR

Napier REALTORS  ERA

Feb 26, 2009 11:09 AM
#2
Bill Gillhespy
16 Sunview Blvd - Fort Myers Beach, FL
Fort Myers Beach Realtor, Fort Myers Beach Agent - Homes & Condos

Evening Sandy,  Still some folks out there who do not fully understand this type of transaction.  That said, I worked with a seller who had been convinced by an agent that they had a short sale because they were selling for less than trhey had paid for it !  Never late on a payment, the probable sale would more than cover the balance owing  - short sale !!!

Feb 26, 2009 11:27 AM
Deb Clifton
Coldwell Banker Advantage - Clayton, NC
Broker/Realtor, e-PRO, CNS

I took a class the other day on short sales and they are working with clients that are not late. A lot of paperwork to do. Short Sales are tough because they take so long. Some agents run with their buyer when they see "short sale" on the mls. It is sad.

Feb 26, 2009 11:30 AM
Gary Woltal
Keller Williams Realty - Flower Mound, TX
Assoc. Broker Realtor SFR Dallas Ft. Worth

Sandy, good explanation. A key thing for the buyer is that this process to get in the house can be slow.

Feb 26, 2009 12:39 PM
Lisa Southern
Lisa Southern Real Estate - Raleigh, NC
Lisa Southern Real Estate

Thanks for the great post. An agent in our office has had several offers on her short sale listing but the buyers always walk because of the length of time the bank takes to make a decision.

Lisa

Feb 26, 2009 01:06 PM
Mary Douglas
United Country Ponderosa Realty, Red Feather Lakes, Colorado - Red Feather Lakes, CO
REALTOR, Red Feather Lakes, Colorado

Hi Sandy, Thanks for the information. Some sellers think they can do a short sale simply because they are upside down, but if they have the resources to pay, the lender will not approve the short sale and will require the seller to bring money to the closing. ( or get promissory note from the seller for the difference) 

I think short sales are great for investor buyers who can wait the long wait .

 

Feb 26, 2009 01:27 PM
Myrl Jeffcoat
Sacramento, CA
Greater Sacramento Realtor - Retired

Sandy - The longest time I have heard for a short-sale was 9 months!  Fortunately it did close escrow.  Another took 8 months, only to fall apart at the last minute, when the bank decided to stiff the buyer for an additional $4,000 and upset the buyer, who then refused to close the deal!  In the Sacramento area, we have Elizabeth Weintraub.  Elizabeth makes "blood sport" out of doing "short sales" and seems to eat them for breakfast, lunch and dinner!  She seems to take them the stressful intrigue, in stride!  

Feb 26, 2009 01:40 PM
Justin Ukaoma
Vizion KC - Kansas City, MO
Kansas City Real Estate Investments

We are in the process of buying our first short sale property for an investment client.  While I'm familiar with what a short sale is I've heard enough horror stories to be a little scared.  We're planning on offering $10k below the list price.  Everyone in my office is wondering how the lender will respond.  We really wonder if they will respond at all.

Feb 26, 2009 03:03 PM
Sandy Shores FL Realtor®, Melbourne Real Estate
M & M Realty of Brevard Inc. - Melbourne, FL
Brevard County Real Estate, Florida's Space Coast

Hi Lou, Thanks. I think sometimes we forget that some just don't know what short sales are.

Eileen, Homeowners no longer have to be late on their payments to be considered for a short sale. Our title/closing company told us that they just closed 2 short sales in which the homeowner was not yet late on their payments. They are all looked at individually, on a case by case basis.

Hi Bill, I think that education is key in getting information out to homeowners.

Hi Debbie, I have seen short sales close in 6 weeks and others have dragged on for what seemed an eternity. Here in Brevard, it is essential that realtors work with short sales, as we have so many of them here in our market.

Hi Gary, So true. I agree that the process can be very slow.

Hi Lisa, I hate hearing that the buyers are walking away from the short sales.  There are some great opportunities available, but I also understand that people have their own timeline they must follow.

Hi Mary, We have seen the same thing here. The seller must prove hardship.  I think that short sales are great for investors also, as they have no real timeline.

Hi Myrl, I agree they can take a while. It seems that the banks could figure out how to push these through more quickly. It's just costing everyone more time and money while they sit!  Our title company just closed one that she had worked on for one year!  That's just too long.

Hi Justin, There are so many factors a lender must take into consideration when determining whether or not they will approve a short sale.  Will the lender be looking at all the offers coming in, even after yours is submitted?  Best of luck to you.  I just closed one for a buyer and from contract to close it was only 5 weeks.  It was incredible!

 

Feb 26, 2009 11:44 PM
Goodbye Active Rain
Out of Real Estate

If the bank knew the consequences of not approving the short sale they would approve everyone.  Great post Sandy!

Feb 27, 2009 12:51 AM