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Short sales are not as hard or as bad as you may thing... stop sucking the crack pipe of phantom equity

By
Services for Real Estate Pros with The Auctionarium

Here are some questions becoming more common in my business:

Q. I bought a home in 2005 for more than it is worth today, and I wanted to try and sell it as a short sale, is this possible? I am not going into foreclosure, and have never been late or missed a mortgage payment, but I am barely making ends meet with the mortgage. I've heard that lenders won't even consider a short sale unless the homeowner is close to foreclosure, is this true?

A. Smart lenders are working with sellers on short sales even if they are current on the payments.

Until six-months ago one needed to be at least 3-months behind to even have a short sale considered now they are starting to become the norm.

Check you lender or servicing company's website (hope they are not HomeEq) to download a short sale package.

You will need to draft a "hardship letter" explaining why you must sell the property 'short' of what is owed.

Many lenders require the property be listed at least 90-days prior to taking a short sale and you must include your listing agreement and agent marketing materials.

The bad part is most lenders will not consider a short sale until you have a contract in hand and will not review your contract until EVERY ITEM on that short sale list is in place... then they have 30-days to accept or reject the deal.

As auctioneers we are preparing short sale packages BEFORE the auction and submitting them to the bank so all they need is the contract (number) to make a decision.

The bad news is NOVA is a hyper-inflated area where values have dropped as much as 40% to 60% from the peak of the bubble and the lenders are only taking 5% to 10% hits.

The market in 2005 built phantom equity

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes it will show on your credit but its not as bad as you think and yes they will 1099 you but if you can't afford to pay a capital gain tax the IRS has a remedy for that too.

With the nation in a mortgage meltdown I would not worry about a dip in your credit score over holding onto a property that will empty your retirement, 401k, and drain every penny then go to foreclosure and really ruin your credit.

If the house is empty and on the market not creating any income or use from paying for a place to live (we all have to live somewhere) then your holding costs are about 4% per month of the final selling price of the property.

Example:

Your house that you think is worth $500,000.00 sells in 14-months for $375,000.00 your holding cost is about $15,000.00 per month while you are trying to retain your credit.

I get calls from people all the time who in my opinion ripped off the bank borrowing $100,000 to $200,000 more than a property is worth who are now looking for a miracle to sell for what they owe because they don't want to ruin there credit.

It may sound harsh but I told a lady last week to keep the $125,000 she already stole from the bank and spent as the fee for ruining her credit.

Most of the people complaining about ruining their credit have already stolen over 6-figures from the bank which is way more that the average bank robber gets and a few points on your credit score being lowered is much better than the 15 to life a bank robber will get when convicted.

Don't be afraid of a short sale be afraid of losing your shirt listening to the 'Spring Bounce' crowd in the Fall of 2007!

Ellie McIntire
Ellicott City Clarksville Howard County Maryland Real Estate - Ellicott City, MD
Luxury service in Central Maryland
Harsh but true. The hours and hours of fun on the phone to the bank trying to find the right person to talk to is just a peach!
Aug 24, 2007 02:51 AM
Billy Burke
The Auctionarium - Altadena, CA
CAI - AARE

Ellie:

Sounds like you  have been there done that and got the T shirt.

Finding THE person who can make a decision is the hardest part after all the little duckies are lined up inna row.

 

Aug 24, 2007 02:55 AM
Anonymous
Anonymous

I am not sure how many short sales you have done, but if the client does still have that $100,000 in the bank they will not qualify for the short sale and it is a HUGE waste of time for the agents as well as the loss medigator that probably has at least 100 legitimate hardship cases on their desk.

Short sales are not intended for people who were just careless about their money. It is not an easy way out. They are intended to be used for people who have a true hardship - not for someone who is just reckless with their money.

I do not believe encouraging people to do non qualified short sales is appropriate. I get phone calls every week from someone who just refi's 2-3 months ago already late on payments. They are still employed, no deaths in the family no real reason to qualify for the sale other then the fact that their homes have dropped in value and they do not want to pay for it any more.  That is not a reason to do a short sale.  The chances are it WILL NOT be accepted - but you will take up the valuable time from the people who have had real hardships and our messages to the banks get lost in the 100 phone messages a day that are not being returned.

Aug 24, 2007 03:08 AM
#3
Billy Burke
The Auctionarium - Altadena, CA
CAI - AARE

I did not know people can comment without leaving a name.

My message is not that a short sale is good for someone who planned to scam the bank.

The past 6 to 24 months every time you turn on the TV there they are telling you to take the money out of your property.

The woman I mentioned got the money 9 months ago spent it and does not have enough to make her next house payment.

We are working with an investor who purchased two homes pre-construction 18-months ago that converted to 'permanent' financing 4-months ago and the bank gave him enough to make 6 payments in hopes it would sell before he ran out of money.

Their Michigan & Ohio market losses are forcing a potential short sale in Jackson Hole where the market is still pretty strong.

Note the first line item I mention was hardship letter and if there reasons are BS then they deserve what is coming to them which is most likely not a short sale or my help.

Aug 24, 2007 03:24 AM
Renée Donohue~Home Photography
Savvy Home Pix - Allegan, MI
Western Michigan Real Estate Photographer
Your example rings true here.  Making me sick and my sympathy runs dry.  I get to a seller's bottom line and get so frustrated if they bought prior to 2004 and were held to gunpoint on withdrawing all that equity. 
Aug 24, 2007 03:47 AM
Rosemary Brooks
BMC Real Estate - 209-910-3706 - Stockton, CA
The Mother & Daughter Realty Team

Billy this is a great post.  I learned a couple of things from it and I work short sales.  Thanks for the post.  I got your message, and you were encouraging wrong doings.  Keep up the good work of educating people on hot items of this market --- short sales is the item of this market.  There are questions we as agents ask the seller first to see if they have a legit hardship and one of them is what does your bank account look like? Are you working, if you lost your job and when did you start back working, or when did your hardship start and how is it now.  These are questions we know to ask, so the no name comment should  probably be deleted - no value added.  Just my opinion.

Bookmarked and rated a 5

Aug 24, 2007 04:25 AM
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel
Thanks for sharing the information. I will bookmark this article for reference. I have recently heard of a couple of people who are having problems and it might be a short sale.I will share the information with them.
Aug 28, 2007 06:53 AM
Anonymous
MIchael Joseph

 I notice the no-name response is probably the same person who posted the next post referring to how bad a short sale is!.

 What I have learned from dealing with a case in which I did a re-fi on my home last year and do have a legitimate hardship case, my lender, who happens to be a direct lebder named Nationstar Mortgage, has no sympathy or empathy for my situation. I have finally got through to the "big cheese" after 2 months of speaking to people like "Mr. no-name" above. Those people are useless in my opinion.

 

 

Sep 07, 2007 10:49 AM
#8
Trent Chapman
Keller Williams -New Future Team - San Marcos, CA

If you understand the 1099-C and the OTS regulations, you will figure out that any major lender will show the credit as paid in full with a short sale, with the proper 'post closing' follow up. 

Acceptable loss severities based on the original note are typically 20% on first loans and up to 99% on seconds (80% on HELOCs).  Shaved values off of BPO or current FMV are anywhere from 10-25%, depending on the lender and loan type (FHA, FNMA, Freddie Mac VA, etc).  Small local banks are tighter with 5-15% loss severities.  You will notice that decision makers can go below these limits if you convey the message and it makes sense.

-Trent Chapman

Nov 19, 2007 04:04 PM
Aida Pinto
Independent Real Estate Broker - Los Angeles, CA
Real Estate Broker (562) 884-6196

nice art clip--brings it right home.  lol

Jun 14, 2008 06:34 AM
Jani Savage
United Broker's Group, Phoenix Metro - Chandler, AZ
Professional Realtor, ABR, CMRE, SFR

Well I just have to comment that now it sounds that 100 or so files for a loss mitigator is unheard of!  We had two agents return from a pop in visit to a loss mitigator that they have quite a repuatble relationship with.  Most people in her department have 250+ files ready to go.  The kicker....their goal is to close 16 a month.  Hello...does that spell severe backload or what?  That's why I have had great success with organizing and sending everything together, everything includes all bank requirements plus 3 comps I used for pricing and any additional brief information that could impact the situation.  If they have everyting in front of them, they won't move the folder to the side with a post it, "call by end of week for paystub..."  You get the point I'm sure.  Short sales are here to stay in Arizona for awhile.  I totally agree, the best option for many.  Thanks!

Jan 17, 2009 07:08 AM
Rosemary Brooks
BMC Real Estate - 209-910-3706 - Stockton, CA
The Mother & Daughter Realty Team

This post is still good resource and I especially like Jani's comment.  Obviously their goal of 16 closes a month is way too low to keep up with the market condition and the number of good short sale offers out there.  No motivation to approve!

Jan 17, 2009 11:07 PM
Paul Gapski
Berkshire Hathaway / Prudential Ca Realty - El Cajon, CA
619-504-8999,#1 Resource SD Relo

Well sometimes i dont know what to think of short sales. They are getting better and then they are not!

Aug 08, 2011 02:16 AM