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Why would a Lender Consider a "Short Sale"?

By
Services for Real Estate Pros with AZ Veteran Notary Services CA BRE 01444168

Why would a Lender Consider a "Short Sale"?  
by John Occhi, Hemet CA REALTOR  
Pre-Foreclosure Real Estate, Hemet CA


First, lets define what a "Short Sale" is.

I suppose the definition may vary from lender to lender as well as from region of the country to region.  I'm going to share what I know to be the way it is for real estate in Hemet CA.  It boils down to the point that a lender does not want to take a property back, that is in default but would rather sell it for less than what is owed on it

In order for a ‘short sale' to take place in Hemet CA there are two very important factors that have to take place.  First, the Hemet homeowner - or borrower has to be in default on their real estate loan.  A lender will never agree to sell property that the borrower is current on.  The second requirement is that the homeowner MUST open an avenue of communication with the lender.  It sounds so basic - but so many borrowers in default are too ashamed to pick up the phone and humble themselves and ask for help.  It really is a shame.

                                                                                           

Let's look at the first requirement - default and what causes it.  Typically there is drama in the borrower's life.  It may be a loss of job, a divorce or even a death in the family.  Perhaps more than one event has compounded itself and put the homeowner in a bad way.

The other cause is debt.  Perhaps it is too much consumer debt or "keeping up with the Jones's" or more than likely it is an adjustable loan increased its interest rate and payment dramatically.  It is not uncommon today for monthly payments to increase $500, $600 or even $1,000 or more - per month!

No matter the reason, we have to agree that bad things do happen to good people.

The second requirement to initiate a ‘short sale' is there has to be open communication between the lender and the seller.  I recently wrote an article asking, "What Should a Homeowner Do When They are Behind? " and it boiled down to a single word - communication.

                                                                  

If both parties - the Hemet Homeowner and the lender cannot communicate then they can not arrange for a short sale and the homeowner will have been foreclosed on and the Hemet CA Real Estate will be lost. 

The alternative is that the lender will help the borrower sell the home for what they can, and although there are  no clear winners, everyone has lost the least possible.  This is as close to a win-win situation anyone is likely to see.

So, now that we have an idea of what a "Short Sale" is, lets go back to my original question, "Why would a Lender Consider a ‘Short Sale'?"

When the property is upside down or it is worth less than the balance of the loan and the seller can no longer make the payment one of two things will happen.  Either the lender will accept a ‘short sale' or they will foreclose.

If the lender forecloses on a home everyone loses.  Lets assume there is a $350,000 mortgage on a home that is only worth $300,000 in today's Hemet CA Real Estate market - not an uncommon occurrence.  Lets' assume that the Hemet homeowner is plugging along making a $1700 payment and since they have bought their home a year ago they have gone out and bought 2 new cars and ran up their credit cards fixing up their dream home.

Now a year passes and their low introductory rate adjusts to market value and increases the monthly payment by $750 - not at all uncommon.  The problem is they are strapped for cash.  They start making minimum monthly payments, then they start robbing Peter to pay Paul and then in the course of just a few short months they have delinquencies reported on their credit report from most of their lenders and their 700+ FICO score that they were so proud of has slipped to the low 600's and going down fast.

Before long our homeowners are missing payments all together and now they are delinquent on their mortgage.  Well the lender never wants to be the last to be paid, so they file a Notice of Default or NOD which officially starts the foreclosure process.  Now it is only a matter of a few short months before our once proud homeowners find themselves looking for rental property again, Financial stress is causing stress within their once strong marriage and they just don't know what to do - so they become paralyzed by the fear of what is going on around them and do nothing.

                                                                                

No one wins in this situation - no one.

Take the same scenario and once the problem becomes apparent and they have missed a payment or two, they take the lenders call and are forthright and explain in detail what is going on.  The lender sends them a packet to complete, so their financial situation can be evaluated and the lender decides to offer the Hemet Homeowner a way out with a "short sale".  So they contact their local Hemet CA Realtor (Hopefully me) and list the home for what it is currently worth.  A fair priced offer comes in is packaged by the listing agent and the lender accepts the offer.  Escrow opens and closes and the new owners move into their Hemet home and the sellers move out protecting what they have less of their credit and pride.

The lender is happy because although they did not get their full $350,000 they did get close to the $300,000 that was paid.  They can now put that money back to work and generating positive cash flow as opposed to going through the expensive foreclosure process. The lender does not have to re-hab the home with needed repairs.  The lender does not have to make tax payments or pay off delinquent taxes.  The lender does not have to worry about securing the home and preserving it's current condition through the lengthy process.  The lender is not worried about the market slipping further and losing additional value and the lender does not have to go through the extra time period necessary to market and sell the home - all of which takes time and in this case time is very definitely money!

Well, I hope this will help someone avoid what can be a very negative situation and experience.  If you find yourself in this situation and you do not want to talk directly to your lender then perhaps working with me or another REALTOR might prove to be the best scenario for you - allow us to do what we do best and that is negotiate the sale of homes for sale in Hemet CA, on your behalf.

Now Have a Blessed Day,

John Occhi, Hemet CA REALTOR
Mission Grove Realty
Pre-Forclosure Consultant

 

 

 

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Until Next Time, Have a Blessed Day,

John Occhi, ePRO, REALTOR®
DRE Lic No: 01444168


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This blog and the contents written here is the intellectual property of John Occhi, Temecula - Murrieta, CA REALTOR® in the South West Riverside County region of the Inland Empire of Southern California.  The views and opinions expressed are just that - views and opinions of John Occhi and those who comment.  Please note that I am not an attorney or a tax professional and any time I discuss either topic, I suggest you consult with the proper professional for relevant assistance. 


I am proud to be a full time REALTOR® who is proud to be a contributing member of the ActiveRain community.

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Marchel Peterson
Results Realty - Spring, TX
Spring TX Real Estate E-Pro

I've been involved with my second short sell situation.  The first was several years ago and it was a good experience.  In this case it takes so long for the bank to get back with us we keep losing our buyers.  I now have the 3rd buyer.  Luckily this time a 3rd buyer showed up just as we finally got through the process and the 2nd buyer went south.  They are now telling us we have just a little over a week to close or it will go to foreclosure.  I started squealing and I think they are going to give us a little extra time.  I will know the answer to that one tomorrow. 

I think we are going to start seeing more of these so we might as well learn how to do them but it appears each bank is different.

Feb 25, 2007 01:25 PM
John Occhi
AZ Veteran Notary Services - Marana, AZ
Mobile Notary Public/Certified Loan Signing Agent

Marchel,

You might want to check out Notes from a Day of Short Sale Training .  I attended a full day of training and came back and typed out my notes - I believe they are fairly comprehensive and you might get something from them if you want to learn more.

Now Have a Blessed Day,

John Occhi, Hemet CA REALTOR
www.JohnOcchi.com

 

Feb 25, 2007 01:53 PM
Lola Audu
Lola Audu~Audu Real Estate~Grand Rapids, MI Real Estate - Grand Rapids, MI
Audu Real Estate~Grand Rapids, MI ~Welcome Home!

John,

Thank you for a very well written educational post!  We wanted you to know that we have included this Blog Post in the Suggested Reading Guide for the Fraiche Aire RendezVous in Black & White.

Mar 01, 2007 12:27 PM
Robert McArtor
RE/MAX Components - Fallston Maryland - Bel Air, MD
Top Listing Agent for Baltimore and Harford County
Thank you for the post. Banks will take a Short Sale as a last resort on a property that needs ALOT of work or if the numbers are close enough to not warrant keeping it on the market, setting up a maintenance budget and paying an agent.
Mar 01, 2007 03:01 PM
Sandra Williams
Rancon Real Estate - Temecula, CA
John--I'm working on a short sale over here in Temecula. I may have to ask for more advice from time to time. It is nice to be close to someone as knowledgeable as you!
Mar 17, 2007 07:20 PM
Shirl Davis
Property solutions group - Las Vegas, NV

 John,

I sent you an e-mail on your site. regarding my client. with tenant and adjustable rate. Listen, I failed to tell you this property is immaculate. very nice property. I am hoping I can do something to help these folks out. Incidently. I would love to stay in contact with you. You know folks are constantly moving around. Many are moving back to cally. I would like to network with you. I am constantly educating myself on the new trends in ral estate especially working with distressed or possible distressed homeowners. I am from the los angeles area. I moved here 13 yrs ago when cally was going thru the same problems here in Vegas. I moved to a bedroom community Lancaster Ca. The worst investment I made. The best school of hard knocks I could ever learn from. This market here in Vegas did not suprise ME!!!!

Aug 05, 2007 04:55 AM
Jay Beckingham
Christensen Financial Mortgage - Port St Lucie, FL
Seniors ROCK!

in many cases all the homeowner has to do is answer the phone or open the mail and call the number shown,because they are late and their lender is trying to reach them. don't ignore the notices or phone calls.

so the big question? does a lender lose it's ability to collect/file a claim against a mortgage insurance policy if they accept a short sale? 

Aug 05, 2007 05:04 AM
John Occhi
AZ Veteran Notary Services - Marana, AZ
Mobile Notary Public/Certified Loan Signing Agent

 Lola Audu - Sorry for the delay in getting back to you on this.  Thank you for the kind words.  I am hoping that this post may have been able to help you or one of your clients.

Now Have a Blessed Day,

by John Occhi, Hemet REALTOR®  
Mission Grove Realty  
Preforeclosure Specialist

Aug 11, 2007 05:36 AM
John Occhi
AZ Veteran Notary Services - Marana, AZ
Mobile Notary Public/Certified Loan Signing Agent

Robert B. McArtor - Banks are under more an more pressure every week to relax thier guidelines on accepting short sales.  Thanks for your insight.

Now Have a Blessed Day,

by John Occhi, Hemet REALTOR®  
Mission Grove Realty  
Preforeclosure Specialist

Aug 11, 2007 05:37 AM
John Occhi
AZ Veteran Notary Services - Marana, AZ
Mobile Notary Public/Certified Loan Signing Agent

 Sandra Williams - It's been a few months - sorry for the dealy.  I was wondering how your short sale went?

Now Have a Blessed Day,

by John Occhi, Hemet REALTOR®  
Mission Grove Realty  
Preforeclosure Specialist

Aug 11, 2007 05:38 AM
John Occhi
AZ Veteran Notary Services - Marana, AZ
Mobile Notary Public/Certified Loan Signing Agent

Shirl Davis - I'm wondering how things are working out for your clients?

Now Have a Blessed Day,

by John Occhi, Hemet REALTOR®  
Mission Grove Realty  
Preforeclosure Specialist

Aug 11, 2007 05:39 AM
John Occhi
AZ Veteran Notary Services - Marana, AZ
Mobile Notary Public/Certified Loan Signing Agent

 Jay Beckingham - you are right, the first step is like any 12 step program - admit you have a problem and take action.

As far as MI, I still have not figured that out.  I am currently negotiating a deal with MI - it is not easy, but I am making headway.  The MI is for the 2nd only, not the first and if the 1st is in default and the property is over encumbered to the 1st - then what happens to the 2nd?

We'll see and as soon as I have a definitive answer based on my personal experience, you can be sure I will post it here.

Now Have a Blessed Day,

by John Occhi, Hemet REALTOR®  
Mission Grove Realty  
Preforeclosure Specialist

Aug 11, 2007 05:42 AM
Missy Caulk
Missy Caulk TEAM - Ann Arbor, MI
Savvy Realtor - Ann Arbor Real Estate
John ,one of my team members is listing a short sale and I emailed her this to read.
Aug 11, 2007 10:47 AM
Lynn Pineda
eXp Realty - Boca Raton, FL
Real Estate Promises delivered in SE Florida

John, you're right.  In todays real estate market, short sales are a win-win for homeowner, lender and realtor; homeowner is relieved of a very distressing time in their lives ( the lesser of evils), the lender doesn't own a piece of property, as their business is to loan money and the realtor has gained enormous satisfaction that they have truly helped a homeowner; I know the more people I can help out of a disastrous situation the better I will feel at the end of the day.

Until, foreclosures and lending practices change, today, the short sale is the best outcome for all.

Aug 11, 2007 11:03 AM
John Occhi
AZ Veteran Notary Services - Marana, AZ
Mobile Notary Public/Certified Loan Signing Agent
Ann Arbor Real Estate |Missy Caulk

- Thanks for stopping by and recognizing this post a a resource worthy of passing on.  Most of what I write I hope to help educate someone, so this does mean a lot.

Now Have a Blessed Day,

by John Occhi, Hemet REALTOR®  
Mission Grove Realty  
Preforeclosure Specialist

Aug 11, 2007 12:14 PM
John Occhi
AZ Veteran Notary Services - Marana, AZ
Mobile Notary Public/Certified Loan Signing Agent

Lynn Pineda - Great summary - it is truly a win-win-win scenario.  I'll only disagree with you slightly when you suggest that the short sale is the "best outcome for all".  I do believe there are other alternatives that need to be considered before the short sale, which is why I wrote my booklet, "Everything You Need to Know...About Foreclosure and How You can Stop it!"

Now Have a Blessed Day,

by John Occhi, Hemet REALTOR®  
Mission Grove Realty  
Preforeclosure Specialist

Aug 11, 2007 12:16 PM
John Occhi
AZ Veteran Notary Services - Marana, AZ
Mobile Notary Public/Certified Loan Signing Agent

bill - Thank you for your recognition.  Although I do believe I know what I am talking about - I shy away from the title "Expert".  I suppose that is best used when describing others - because no matter what we know, we know that there is always more to know.

Bill, I really do not think we are so far apart that we "Can't even talk".  I recognize your opinion, and value it.  I understand that you believe, like I do that all other options should be considered prior to a short sale.  This I acknowledge and IO try to work with my clients through.

I think the fundamental difference is I am quicker to accept that a short sale is the only viable solution short of "sucking it up" as yo have said before.  Not everyone can survive the sucking process.  By fighting to stay in homes and cutting expenses to a bare minimum much stress is being created in families and often times families will not survive this added stress.

The biggest reason for divorce in this country is not infidelity or even incompatability - it is financial pressure.

Yes, I understadn often we bring it on ourselves - but it is real.  Asking someone to take their entire paycheck for the next two years, as you suggested the Pastor do in my case study I believe to be a ridiculous idea.  Granted if we were in the Great Depression of the 1930's - we all had to suck it up together.  This is not the case in a modern civilized high tech America of the 21st century.

Now if you want to debate about the values of society today, that is another story - but you can't expect people to kill themselves for thier homes - in my book (the Bible), the family comes first.

So Bill, yes I do recognize your point as "valid", it is just that I strongly disagree with it and do not want to be in a situation where we are constantly arguing over it and worrying about feelings being hurt - yours or mine.

As far as converts go, I really don't care what people think about what I write - if I can help someone then great - if they don't like what I have to say, they have the opportunity to read something else.  The only converts I am interested in is for those who are seeking to find God - other than that, what business is it of mine?

Now Have a Blessed Day,

by John Occhi, Hemet REALTOR®  
Mission Grove Realty  
Preforeclosure Specialist

Aug 12, 2007 06:43 AM
John Occhi
AZ Veteran Notary Services - Marana, AZ
Mobile Notary Public/Certified Loan Signing Agent

bill - I suppose you are right about time - it has 20-20 hindsight, doesn't it?  I also understand that most people are thinking about today, rather than tomorow - who knows what promises tomorrow has for any of us.

I have no problem listening to you explain your position, and who knows, you might change it - who knows.

As far as wearing my Christianity on my sleeve, well lets just say that I feel compelled to stand as a light`- a beacon at my Lords feet.  Not only may I help guide others to His path, but as a result I hold myself to a higher standard

I dealt with this issue in a blog I authored - not because I was challenged, but because I wrestled with the principal of the issue.  What came from me asking that question then is what has helped form who I am today as a Christian REALTOR®.

One thing you should know about me by now Bill, is I am not ashamed of what I say or what I do.  I am not ashamed of being a REALTOR® any more than I am ashamed about being a Christian, serving the one true God.

Now Have a Blessed Day,

by John Occhi, Hemet REALTOR®  
Mission Grove Realty  
Preforeclosure Specialist

Aug 12, 2007 07:35 AM
Anonymous
Jon C.

Lenders have been quick to recognize that they can actually save money by accepting some short sales.

Oct 21, 2008 02:59 PM
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