We have seen the devastation reaped on homeowners and our communities especially the San Diego Homeowner from foreclosures in record breaking numbers. But what about the Short Sale, is it actually more beneficial than a foreclosure? Yes, and there are more entities than just the homeowner that benefit from the short sale as opposed to the foreclosure.

The first beneficiary is of course the homeowner. They benefit 1st by avoiding the often humiliating foreclosure process. While having to move is never pleasant ,they can stay in the home during the short sale process and make their plans for moving in a less intimating way. They can often avoid the pursuit of any deficiency judgment and take advantage of a temporary law that might helps them avoid the reporting of the discharged debt.* It is most important to seek the help of your tax counselor on any tax discussion.

So who else might benefit from a Short Sale?

The Investor on the mortgage ( Fannie Mae, Freddie Mac, HUD). It helps reduce their losses over the insured amount and avoids the REO and the costs involved.

The Real Estate Professional. Short sales can help build new relationships of the Sellers and the Buyers. They may become repeat customers of a new home or even selling the property that was gained through the short sale transaction. It certainly builds the agents production ,especially in slower market times.

The Loan Servicer. The Servicers of the loan benefit with enhancing their relationship with the investor by avoiding foreclosure. They may receive incentives from the investor by saving some of the loss the investor takes in an REO situation. They avoid the expensive servicing costs on the insured delinquent loan and it all helps build good will with the investor.

The MI ( Mortgage Insurance) Company.  It helps them reduce claim loss and avoids REO and their share of the expenses.

The Neighborhood. It help to minimize the excessive lost value that is often associated with REO’s. The bigger benefit is that helps to maintain the neighborhood's potential for refinance by minimizing the loss in comparable values.

Taken all together, there seems to be some rather compelling reasons why a Short Sale work out would be more beneficial to the consumer than  foreclosure. Time is of the essence and with the multitudes of people upside in their homes, it would seem that the real estate professional could serve better as the first line of defense to prevent the spiraling number of foreclosures. Figuring most Home Owners are not calling us for whatever reason, we need to find a way to reach out to them and waiting around for the NOD is not the best option. 

 
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27 Comments on Who Stands to Benefit from a Short Sale Vrs Foreclosure ?

MAR
13
583,935 Points 62 Featured Posts Outside Blog

Good points all around William of who all can be ok with a short sale. I do think if it can be pulled off it makes the best of a bad situation but in most cases for the homeowner they still get a pretty big dent in their credit rating.

6:27pm • #1
247,806 Points 1 Featured Post

Great post and thanks so much for the great information. I agree that they still take a hit but in general it is better.

6:29pm • #2
263,556 Points 59 Featured Posts Outside Blog

William -  I like your thoughts on this.  Everything I learned about Short Sales, I've learned from folks right here on AR.  I have a long way to go, yet this is such a prevalent topic these days.  Sounds like you are taking a positive approach (Win-Win Mentality) to dealing with a situation where folks suffer some major psychological duress.  Hope you have a wonderful weekend, my friend.

6:32pm • #3
373,140 Points 63 Featured Posts Localism Sponsor Outside Blog

Hi Gary, A great way to say it " Makes the best of a bad situation. "

6:51pm • #4
373,140 Points 63 Featured Posts Localism Sponsor Outside Blog

H Terry, Thanks for dropping by. You make a vary valid point.

6:52pm • #5
438,778 Points 10 Featured Posts Outside Blog

And I think it is better to go with a foreclosure because you have less chance of a deficiency judgement.

6:52pm • #6
373,140 Points 63 Featured Posts Localism Sponsor Outside Blog

Hi Jason, Thanks my friend, I feel like I am becoming expert at making lemonade from lemons. I never realized there could be any upside to such a nightmare but it appears there can be, depending on the circumstances. I sure can't wait until all this is behind everyone and life can resume to some normalcy and  more people will be able to look at the brighter side of life.

6:56pm • #7
373,140 Points 63 Featured Posts Localism Sponsor Outside Blog

Hi Russ, As an agent certified in REO's , so did I . I am getting my eyes more opened about this and seeing some real advantages. I have been a nay sayer on short sales since all this started and I am beginning to see that at least in many cases, the short sale may be preferable. The best case senario would be a loan mod of course and personally I can't wait till a much better set of circumstances return for those that have been so hard hit, even including the neighborhods that have been devasted and will take many years recover.

7:00pm • #8
201,968 Points 1 Featured Post Localism Sponsor

Hi William - excellent post - when you stop to think about it - quite a lot of people benefit!

:)

7:07pm • #9
102,997 Points 1 Featured Post Localism Sponsor Hit Router

Hi William, Great post and great points! I have never done either of these but it is my understanding that the short sale is a whole lot better on the seller's credit than a foreclosure. I just went to a seminar about this and I am going to another one next week. Take care!

7:12pm • #10
373,140 Points 63 Featured Posts Localism Sponsor Outside Blog

Hi Matt, Thanks for dropping by and as I learn more and more about this from real experts, I am impressed with the real difference the Short Sale can make vrs foreclosure.

7:44pm • #11
373,140 Points 63 Featured Posts Localism Sponsor Outside Blog

Hi Teresa, Many Thanks for cu-do's . Been to several and with the points here, it seems to make it something we can all be expert with. Now if the asset managers will co-operate , we can all get back to doing what we do best, serving the public.

7:47pm • #12
20 Featured Posts

William,

I've heard a rumor that with TARP many lenders don't want to do short sales. They prefer foreclosures because the foreclosure becomes a zero asset and TARP will reimburse the loss for zero assets silverthornand then they can still sell the property as an REO...

8:07pm • #13
678,932 Points 145 Featured Posts Localism Sponsor Outside Blog Hit Router

William - well it does make sense when you present it this way but somehow the banks dont seem to see it the same way. And I have heard what Kaye mentioned as well. It's "interesting" that the best overall solution is the hardest to implement.

Jeff

8:26pm • #14
373,140 Points 63 Featured Posts Localism Sponsor Outside Blog

Wow Kay, I had forgotten about that. I recall hearing that as the argument of why we should all be becoming REO specialists. Great point and thanks for adding it in here as it helps to give this discussion a counter balance and a dose of some reality for the explosion of new REO's that will be happening soon when the moratorium is lifted.

8:40pm • #15
373,140 Points 63 Featured Posts Localism Sponsor Outside Blog

Hi Jeff, Thanks for the thought you expressed here. Doesn't it all just make us crazy with all the impediments that get put in the way of helping people keep at least  a modicum of dignity in this national nightmare.

8:42pm • #16
596,478 Points 111 Featured Posts Localism Sponsor Outside Blog

Short Sales are cool....but over here they are having bidding wars on them. I just lost a client to base housing...they got sick of five offers and getting rejected after a couple weeks of wondering....Bottom line though.... from the seller's perspective...short sales are definitely worth pursuing....

9:39pm • #17
3 Featured Posts

There's a lot to be said for the agent that cares enough to help so many people, and not just the homeowner. Granted, a lot of extra time and effort go into closing a short sale but the payoff, as you illustrate quite well, is much greater. Thanks for the post!

10:03pm • #18
149,886 Points 9 Featured Posts Outside Blog

Hi William,

Good distinctions here.  Personally, I like to see more loan modifications.  The reason being, there's no sale on the property.  The people get to keep their homes.  And, the neighborhood values are preserved.  That not being possible, a short sale would be next on the list and foreclosure unfortunately sometimes is inevitable.

Thanks for making me think!

Marlene

10:51pm • #19
373,140 Points 63 Featured Posts Localism Sponsor Outside Blog

Woo Hoo, I can't say that I ever thought Short Sales were cool, LOL, but under the circumstances when yo learn lots more, the have their place and they have only a slight advantage over foreclosure for the seller in as much as they are losing their home but they do help to keep at some some dignity in tack and it it saves even a little anguish, then they are worth the effort. My whole thinking on this subject has been changed. 

11:05pm • #20
373,140 Points 63 Featured Posts Localism Sponsor Outside Blog

Hi Marvin, I remember reading lots about short sales for Katerina nd Nester from Fla. Your comment really fits as they are the consumate professionals.

11:07pm • #21
373,140 Points 63 Featured Posts Localism Sponsor Outside Blog

Hi Marlene, Me too! Happy Friday.  I fear those mods are too slow coming and there are likely to be many more victims. Even the added the bonus of $1000/$1500 incentive doesn't seem to creating lots of motivation. Besides I don't think the banks have anywhere enogh personel to do these and there needs to some avenue for REALTORS to help get these accomplished asap.

11:11pm • #22
379,330 Points 18 Featured Posts Localism Sponsor Outside Blog

William,

Very good post about one of the most confusing things in todays residential real estate. The most mythologized, the least understood.

Can you believe how much depends on the agent? Even though we like to stress that agents are not equal, the disparity is  too great and the affect on the seller can be devastating.

11:50pm • #23
MAR
14
298,647 Points 12 Featured Posts Localism Sponsor Outside Blog

Hi William,

Ditto on your comments about great info. I think you've really prointed out some compelling reasons for short sales vs. foreclosure. As for Kaye's comment that, interesting and news to me. I'll be checking with one of my agents who's helped lots of folks with work-outs.

BTW, I'm surprised we're not seeing more deed in lieu of foreclosure. So far we've only had a handful in our office.

12:55am • #24
373,140 Points 63 Featured Posts Localism Sponsor Outside Blog

Hi Jon, You certainly said it right. Agents could make the experience at least for other agents a lot better. But there is plenty of room for criticism for everyone involved, excluding the sellers at least. They seem to be ones that that dragged through the ordeal without ay power to make the situation better.

 

5:24am • #25
373,140 Points 63 Featured Posts Localism Sponsor Outside Blog

Hi Lynda, There is so much information floating around out there that and there are so variations on the theme. It makes one clearly understand that day to day things are changing and not evenly across the board. I had also heard what Kaye was referring to and I am sure it came out of the first stimulus bill and the idea may have already  been revised somewhere along the line. Then again, if we hear it, it is probably obsolete news because things seem to change as fast as the next new idea or detail that takes center stage. I recall the big news over the holidays that 10's of thousands of foreclosures would be halted for other workout solutions. After the moratorium ended, we didn't hear anything more  about those mods that were apparently not done beyond just a few of the easy ones. 

5:39am • #26
MAR
15

These are points that need to be made. However, I heard lenders and loan servicers are inundated with reviewing offers from buyers on short sales and more often than not the same property goes to foreclosure as lenders/servicers think the borrower will catch up. Sometimes, the same originalbuyer gets the foreclosed property at a lower amount just a few months later...

6:06am • #27

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San Diego Real Estate Voice authored by William Johnson

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