Short Selling Your Home to a Family Member

Real Estate Agent

Applying for a short sale is usually the last resort homeowners have when they have fallen behind in their mortgage payments and are about to experienced foreclosure. In a short sale procedure, sellers put up the home for sale for less than they are indebted. Usually, banks do not allow you to sell your house on a short sale, as a short sale results in a loss on the balance sheets of the bank. Occasionally, they agree to acknowledge this to settle your mortgage debt. However, banks acknowledge short sales in situations, when this is a cheaper alternative for them than foreclosure.

A couple just bought their parents house using a short sale


A bank approves a short sale, when it confirms that the home is being put up for sale at a competitive cost on the open real estate market. One among the rules that banks use to ensure this happens is by requiring the transaction to be an arms length transaction. This rule avoids a family member from purchasing the home.


Rules of arms length transaction


The arms length transaction is a contract, agreed by two or more parties who do not boast a special bond with each other that is, the parties are not associated. They do not carry out trade jointly that is not related to the deal at hand and they do not encompass a secret side transaction associated with the deal.


Ask About exemptions


You will not lose anything by requesting your lender to make an exemption to the arms length rule. The bank most likely does not, in fact, care who purchases the property. It cares the acknowledged cost is the best cost the real estate market has to offer. If you offer to finance the lender to assess the property and document that other offers have been lower than the cost your family member have offered, the bank may allow the short sale of your home to a family member. These steps will reveal the lender the home is being sold for the maximum price the real estate market can bear.


Procedures to be followed in short sale


Lenders will support the short sale of a home when it limits their prospective loss on a loan. Usually, you have to submit an application that comprises financial statements and a strong insolvency letter. Normally, hardships comprise divorce, illness, job loss, job relocation, or modification in mortgage payment. Generally, banks also need that you are upturned on your mortgage, or that you are indebted more than the worth of the property. Some banks as well, need that you have fruitlessly tried to sell your house for a higher cost or that you have first tried to adjust your loan.


If a bank approves a short sale, an investor has no necessity to pay the repair costs, title costs and the commission of a real estate agent. Of course, as sellers are selling their house for less than they owe, they will not get any cash at the closing stage.


If you have a family member eager to buy your home through a short sale, it is important to know your options. Perhaps the same family member would be eager to purchase another home on the real estate market in the same area that you can rent. Your kids can stay in their area and school. Moving would be quite easy, and whatever planning for long-term ownership or rent you arrange for your existing home, you can apply for the new home.



Comments (1)

Pete Xavier
Investments to Luxury - Pacific Palisades, CA
Outstanding Agent Referrals-Nationwide


So true!

On occasion banks DO make exceptions to the arms length transaction policy.

Dec 06, 2014 03:37 PM