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Ways to Negotiate a Short Sale With the Bank


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Home Page > Self Improvement > Ways to Negotiate a Short Sale With the Bank

Ways to Negotiate a Short Sale With the Bank

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Posted: Jul 27, 2010 |Comments: 0
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That’s a short sale.

Why are lenders so eager to take such a huge discount? Banks do not like bad loans. If they see an opportunity where they can sell the property without the huge loss of a foreclosure, they will do it. Some lenders report that if the home goes into foreclosure by the time the home actually closes with the new buyer, the lender will be lucky to net 50% of the original loan balance.

Bottom line from the lenders perspective!

They are in the business of lending money, not owning homes. If they can accept a short sale offer and rid themselves of the bad loan AND net more, verses the home going into foreclosure, they will do it every time. It’s simply smart business.

Time is not on your side when you are considering a short sale. You must act quickly and work only with an agent who is knowledgeable and certified in Short Sales who will not just take your listing. The agent you choose must be able to prepare the entire package, counsel you on your options and be able to market your home and price it to sell.

So What is A Certified Agent In Short Sales!

Many agents in the Real Estate Business are going after homeowners who are underwater or behind in their mortgage payments simply because they see opportunity to make money in this market. The problem comes in when they are giving out bad information, like telling people not to pay their mortgage payment when they are able too.

A trained professional will be able to evaluate your personal situation and provide a detailed program and a plan of attack to resolve your issues.

When you are ready to submit your request the package is professional prepared with every document that the bank needs and wants to see and they are in the proper order.

What happens if the package to the bank is not complete?

If the agent you select does not prepare the package completely and in its entirety the bank will just toss your package in the trash and your agent and you will not know what is going on with your short sale approval.

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What are the repercussions of a short sale ?

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they are in the business of lending money, not owning homes if they can accept a short sale offer and rid themselves of the bad loan and net more, verses the home going into foreclosure, they will do it every time its simply smart business

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Short Sale- What if the Bank rejects your Offer what do you Need to do Next


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Home Page > Finance > Real Estate > Short Sale- What if the Bank rejects your Offer what do you Need to do Next

Short Sale- What if the Bank rejects your Offer what do you Need to do Next

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Posted: Nov 14, 2009 |Comments: 0
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There are a lot people who still manage to cope with the ongoing financial crisis.  Because inflation has been very unpredictable, most individuals are struggling to meet all their financial obligations.  Those people who will greatly be affected by the global economic turmoil are the ones who are in the middle class.

And if you are one of the struggling homeowners who is successively missing the monthly amortization dues, then you will probably meet foreclosure in a few months now.

In these days, homeowners have learned to look for ways on how to fight foreclosure.  One concrete example of these is looking for other ways to invest their money, like buying short sale properties.  But the usual pitfall in such option is most of them do not close.  This happens because of the rejection made by the lenders.  There are several opportunities have been blown away because of rejections.  Go through the rest of this article so you can have ideas on what type of cases are these.

Normally, banks have detailed requirements that you must comply before you apply for short sale.  You have to produce the necessary documents and show to them in an orderly manner.  If ever you miss to complete the list, then you will never get them to prioritize your application.  They can even disregard it due to the incomplete requirements.  To avoid such scenario, furnish a copy of this list and prepare the papers ahead of time. 

Apart from that, you also have to do your responsibility as the applicant.  As soon as you have submitted all the papers, you need to follow up your application.  Do not be too complacent about just handing them your application.  Bear in mind that you are not the only applicant, there are so many out there.  So it helps if you make a follow up so you will know the progress and remind them about your documents.

Giving in to the initial offer is said to be a money loss.  However, lenders can only validate up to this extent of loss and can not accommodate more.  Hiring third parties can even be worst.  It is acceptable if it falls between 90-95 percent of the BPO.  If your value misses to meet the considerable loss, there is a possibility that short sale will be rejected.  And thus no deal is closed without any approval.

It is inevitable that short sale applications have a slow procedure.  There are series of documentations to be conducted before granting the approval.  If you have plans in engaging yourself in this type of deal, it is essential that you have to update your buyers from time to time.  You need to fulfill their expectations.  Or else they will forget the idea of pursuing it.  Hence, learn to take good care of every client that goes to your office and assure them that they have made the right decision to invest in short sale houses.

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Looking for a nice place to stay? Check these sites Short Sale Property in Coolidge AZ, Short Sale Property in Waddell AZ and Sun City West AZ Short Sale Realty for Sale.

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Stop Foreclosure in Knoxville, TN – Use Short Sales


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Home Page > Finance > Real Estate > Stop Foreclosure in Knoxville, TN – Use Short Sales

Stop Foreclosure in Knoxville, TN – Use Short Sales

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Posted: Dec 06, 2009 |Comments: 0
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More times than not the process of going through foreclosure can be a painful one. Homeowners that are facing foreclosure find themselves in an unfortunate and unfamiliar situation, because they do not know what their options are. However, there is hope for homeowners here in Knoxville, TN. They can stop foreclosure by shortselling their home first!

If someone wants to get out from underneath debt while their house is in foreclosure, then they can use a process called a short sale. If they are also looking for minimum credit damage, the possibility of another home loan in the future, and also pay much less to get out of debt, then they should try the short sale. Often times the short sale process is not an easy one. It requires a lot of documents, and many back and forth phone calls to negotiate with with the lender. Last but not least, there must be a buyer who is ready to purchase your property. Knoxville, TN property owners that want to use shortsales can get the help of real estate agents or investors who are experts in this area.

Homeowners will not have to worry about the bank. The lender does not have any problems if a buyer purchases the property before the auction date. The property owner will most likely have to prove to the lender that their financial condition is in dire straits and that it hinders them from maintaining payments on their mortgage. Banks must also be convinced that poor planning of the borrowers money is not the reason behind them missing an payments. If the bank can be convinced that the home isn’t worth as much as the defaulting mortgage, then the shortsale process can proceed.  The bank can be convinced by showing photos of any significant property damage or recent listings that have a lower selling prices of other similar homes in the area.

If you yourself are looking to stop foreclosure in the greater Knoxville, TN area by using shortsale, then you need to get in touch with the lender and let them know. A shortsales expert can do this for you or it can be done yourself. When you do this, the banks also realize that you are taking effective steps to find a solution to clear their payments. Communication also helps the homeowners by staying in touch with the bank and staying up to date on what the bank may need for an approval on their loan.

Also, if the foreclosure auction date is too soon then the homeowners should contact the bank. You may need more time to sell your property and asking the bank to shift the date of the auction can really help. You can decide what happens to you and your house with the help of a short sale. If you want help and want to convince your bank, all you need is to find the right person for the job.

If you are the owner of a property here in TN who has exhausted all available means to clear their payments, you can stop foreclosure in Knoxville by short sale. You should know that short sales mean that you will be selling the house to someone else and yet not get any money from it. But then, a short sale also means that you take back the lost control and begin your journey towards recovery. Click this link HERE if you would like additional information from a local company that can help answer some questions that you have about the short sale process.

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“We BUY Houses” in the greater Knoxville area and help homeowners like YOU. Our company specializes in offering solutions to your real estate needs. Don’t delay, find out just how we can assist you TODAY. A friendly member of our team will be happy to speak with you. “You can have everything in life you want, if you will just help other people get what they want.” – Zig Ziglar

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What are tax implications of short sale ?

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The short sale real estate merry-go-round


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The short sale real estate merry-go-round

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I have been a Real Estate broker since 1988.  In that time, I have seen many types of sales and tactics to sell homes.  The ups and downs,  there have been plenty in my career.  I love to sell Real Estate and find homeowners their dreams.  That is why I was compelled to write about short sales. 

Short sales are when the seller owns more money on their home than the value.  The seller makes a request to the bank to allow them to sell the home and write off the balance of the loan.  These types of transactions make up about 50% of homes in the San Diego area.  Many times, the homes are priced lower than value to “attract” the first offer.  This way, the seller and agent can start the process with the bank. Here are some questions to ask when considering making an offer on a short sale:

1.  What is the balance of the loan versus the purchase price (how much will the lender     loose?)
2.  How many loans are on the property?  Is there only a first lien or more?
3.  Is the agent you are working with experienced in short sales?
4.  Who is the lender on the sellers loan? Knowing this is very important.
5.  Is the seller offering you an accepted offer or looking for more offers while they wait for approval on the short sale?

After getting all the questions answered, consider all your options.  Over 60% of all short sales do not close.  Would you be better off waiting for a different type of sale?  Are you patient enough to wait three to four months for an answer from the bank….even longer.  Then there is the continued negotiating that goes on from the lender.  You have been waiting for months only to find out in the end that the lender now wants a higher sales price, and is looking to the agents, seller or buyer to come in with more money to reduce the deficit owned to the bank.  The entire transaction falls apart.  The harse reality is that these sales are exhausting and frustrating to all parties involved. Be prepared for a battle, sometimes the outcome is a great home for a great price.  Other times, it is an excercise in Real Estate education 101.

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Joanne Hansen has been a licensed broker specializing in difficult transactions and has over 30 years experience in the Real Estate Industry.  I work hard for my clients and treat every transaction as if it were my own.  You are welcome to email me with your short sale questions, I am here to help.

http://www.bigredhouses.com

 

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Home Page > Finance > Real Estate > Are There Tax Implications for Short Sales?

Are There Tax Implications for Short Sales?

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What does it all mean?

Choosing to do a short sale can be a good option for you and your family when you find that you can no longer carry the burden of the payment.  However, you do want to be informed as to how the short sale will affect you.  The end result of doing a short sale will keep you credit in a better position, but there are short sale tax implications.

 

A short sale is when the lender will allow the home to be sold for less than what is owed, allowing the homeowner to get out of the loan.  The home does not have to be in foreclosure to choose a short sale, but the homeowner must be upside down in the home in order to do one.  The truth behind the short sale that you do need to be aware of, is that the lender must approve it, and there are tax implications with short sales.

 

The form that you receive as a result is called a 1099-C, and on this form it will identify the lender’s losses in the short sale.  In the eyes of the IRS, this is viewed as loan forgiveness, so they give you a 1099-C reporting it as income.  In the event that you do have any assets that could have been used, then you are going to have to pay ordinary taxes on the amount listed on the 1099.  This is no different than anything else in life, but you need to be educated and make the best decision for you and your family.

 

The tax implications of a short sale are something you need to be aware of, because if you have to pay taxes on it you’ll need to set that money aside. There is nothing worse than not being prepare for money owed on your taxes, and many families find themselves in that position.

 

Also, one thing you may not know is that there are other types of debt that can be settled, and those creditors can also send you a 1099-C, so settling the debt may or may not be beneficial, but it just depends on what the debt is.  The IRS does require that in that case you report that amount to them as income.  You may never see a 1099-C from the creditor, but they probably did file it with the IRS regardless, so just be sure.

There are tax implications for short sales, but for other creditors as well. Given the economy you may see more of this happening.  This is the creditor’s generous way of letting you know that they don’t like that they settled your debt, or “forgave” you for not being able to pay it.

 

 

 

 

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As a real estate executive and philanthropist, Mayer Dallal  provides valuable counsel to individuals and families dealing with economic uncertainty. The advice Mayer  Dallal gives his clients is to have options, to navigate this difficult economy with knowledge and confidence.
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All about a Short Sale Realtor


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Home Page > Business > Sales > All about a Short Sale Realtor

All about a Short Sale Realtor

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Posted: Jul 29, 2010 |Comments: 0
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A short sale realtor is required only in case where the unsettled debt against an asset becomes more than the value of the property. It is a great way by which a borrower can pay off his unpaid loan amount to the lender with the amount received from the selling of the property. This would also successfully avoid foreclosure on their credit record.

 

Although the selling procedure does not cover the entire balance that is outstanding, still the lender accepts the amount at a reasonable loss which is far better than not getting any return from the borrower. In order to initiate the process of short sale realtor, both the parties must give their mutual agreement so that it benefits both of them. Without this   process, things could have been really tough for the borrower as they would not only faced the foreclosure but also the bulky fees allegedly charged by the bank.

 

The way the short sale realtor works

 

Owing to the adverse financial state of the borrower, the bank agrees to cut off the loan amount such that the payment process gets completed from the part of the debtor. Although selling of the property at a lesser value seems to be a big loss for the property owner but when surrounded by such a complicated condition, there is no other better alternative than this. The bank too incurs a loss which is accepted as long as the debtor pays off something against the loan amount to save themselves from the clutches of foreclosure and also control partial debts. A short sale realtor is less expensive and more effective than any other recovery procedures, giving relief from paying the rest of the due amount.

 

The additional participants of this process

 

The success of this procedure usually varies from bank to bank and also depends on the state specific regulations that generally influence the credit. The short sale realtor of Bank of America holds the maximum failure rates, being the longest time taker to provide the approval in the year 2009. But in comparison, the likes of Wells Fargo and Citibank seem to operate much faster, providing their consent within days and not in months.

The implications laid by the credit policy

 

It is very sarcastic to implicate the process of a short sale realtor which in terms is a type of clearance that affects the credit report but not as poorly as the foreclosure does. The short sale hardly stays for seven days on the credit report of the borrower unlike bankruptcy and you can again retain a new mortgage after 1 to 3 years or even less in some cases.

 

In case of fraud schemes

 

It is often heard that the debtors engages themselves in several frauds relating to the short sale. In certain cases, the cheats do not disclose the value of the amount to their lenders appropriately or demands for bribes in the form of cash payments from the estate agents as well from the purchaser of the property. These are all clear cases of frauds as rules suggest that every payment should be enclosed with a disclosure, which is displayed at the bank.

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Writing is my life and I love it. I write a lot of Articles and Blogs to relay all of my experience about <a target=”_new” rel=”nofollow” onclick=”javascript:_gaq.push(['_trackPageview', '/outgoing/article_exit_link']);” href=”http://www.shortsalesbysheryl.com”>Bankruptcy and Foreclosure</a>. To know more about Short Sales <a target=”_new” rel=”nofollow” onclick=”javascript:_gaq.push(['_trackPageview', '/outgoing/article_exit_link']);” href=”http://www.shortsalesbysheryl.com”>Click Here.</a>

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I was denied a Hamp mod due to NPV caculations. My lender will not explain these terms to me. They said they cannot help me. I need to short sale and get out. Can u please help me
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4 Reasons the Bank May Reject a Short Sale Request


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Home Page > Finance > Real Estate > 4 Reasons the Bank May Reject a Short Sale Request

4 Reasons the Bank May Reject a Short Sale Request

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Clearly, the most important part of the short sale process is getting your request approved by the bank. Banks often reject short sale offers for various reasons. Before you proceed with your short sale request, it is important to know why a bank might reject a short sale request so you can prepare accordingly. Following is an overview of the reasons why banks may reject short sale request.

The offer price is to low: The bank will analyze whether it will lose less money through foreclosure or by means of a short sale of the property. They will request an appraisal or a BPO and a comparative market analysis to gain knowledge of the home’s current market value. Your short sale agent should have a good pitch as to why the home is worth what it is by showing comparable sales to support the offer price. That being said, the bank understands that they are not going to get full market value of the property. By nature, homes that are short sales have a lower market value due to the time and patience it takes to buy a short sale.
The short sale package is incomplete: The bank requires many documents to be submitted. Consult with your short sale realtor to see that you have submitted every relevant document. See that the purchase agreement, the financial worksheet of the seller, the listing contract, the authorization to release information, and all other relevant documents are properly arranged and submitted. You will also have to write a compelling hardship letter describing your financial condition and why you need a short sale to clear off the debt.  A complete short sale package, including an offer to purchase must be submitted. You must pay close attention to every detail. If you put together a sloppy package, you could be adding months of delays to the process, and could be in jeopardy of the bank foreclosing because of it.
Disqualified seller: If the seller has capable assets and is reluctant to work out a repayment deal with the bank, then the seller might not qualify for the short sale. You must prove that you can no longer afford this house and that if the bank does not agree to a short sale, they will face a greater future loss when they foreclose.
Disqualified buyer: Simply having a purchase contract between a buyer and seller is not enough to satisfy the lender. You will need to prove to the bank that the buyer is pre-qualified for a loan or has the cash to buy the home outright. Part of submitting a complete short sale package is sending in a loan approval letter or proof of funds to purchase the property outright.

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Sean Crosier -
About the Author:

I’m Sean Crosier, the owner of Golden State Real Esate in Simi Valley, CA. In these tough economic times, many homeowners are facing foreclosure. On behalf of the homeowner, I’ll negotiate with their lender to get them to agree to a short sale. My primary goal is to not only get the lender to agree to a short sale, but to also to get them to release any right they have to pursue the debt after foreclosure.

In dealing with a short sale, it’s critical to have a strategic plan in place for negotiations. I have several contingency plans in place to ensure that we reach the best possible outcome for you.

None of the information provided is intended as legal and/or tax advice. Always consult qualified and appropriate professionals prior to making any decisions.

 

If you have any questions, please feel free to contact me through my website or by phone at (805) 520-0525.

Sean Crosier
Broker/Owner
Golden State Real Estate

 

]]>

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I was denied a Hamp mod due to NPV caculations. My lender will not explain these terms to me. They said they cannot help me. I need to short sale and get out. Can u please help me
What are tax implications of short sale ?
What are the repercussions of a short sale ?

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I’m Sean Crosier, the owner of Golden State Real Esate in Simi Valley, CA. In these tough economic times, many homeowners are facing foreclosure. On behalf of the homeowner, I’ll negotiate with their lender to get them to agree to a short sale. My primary goal is to not only get the lender to agree to a short sale, but to also to get them to release any right they have to pursue the debt after foreclosure.

In dealing with a short sale, it’s critical to have a strategic plan in place for negotiations. I have several contingency plans in place to ensure that we reach the best possible outcome for you.

None of the information provided is intended as legal and/or tax advice. Always consult qualified and appropriate professionals prior to making any decisions.

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When Short Sale Negotiations Take Advantage of an Election Year


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Home Page > Finance > Real Estate > When Short Sale Negotiations Take Advantage of an Election Year

When Short Sale Negotiations Take Advantage of an Election Year

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Posted: Dec 20, 2010 |Comments: 0
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For those who have worked with our firm in the past, they understand that hearing the word “no” from a lender is not uncommon, nor is it uncommon for our staff view that “no” as nothing more than a hurdle.

Most lenders and servicers have a hierarchy and we will keep moving upwards, until either we hear “yes”, or the most important person we can reach says “no” to us – whether it be a CEO, executive vice president, etc.

However, if even the top of the ladder says “no”, then what?

Recently, we had a file that took 6 months to close.  Well beyond our usual time frame and longer than even the most extreme cases we come across.  Without us, it might not have closed at all.

Our client, actively serving in the military, was transferred out of state.  As those in the military know, roots aren’t often planted while on active duty and transfers are a common part of the job.  Still, that hasn’t prevented those serving our country from buying homes, living there for a couple years, then selling.  Unlike many, these purchases weren’t made with the hopes of a significant profit in mind, but for some stability for themselves and/or family, in a very unstable profession.

When the real estate market crashed, those who were accustomed to buying a new home with each move faced a harsh reality – they could no longer simply sell and either make a small profit or break even.  Now, the only way out was paying down the balance, walking away or attempting a short sale.

Going into the short sale, our client had impeccable credit and was as fiscally responsible as anyone I’d ever come across.  The day she received her transfer order, she listed the home and notified her lender immediately.  Within 2 months, we received an offer – just slightly above fair market value – and submitted it.

We followed up for weeks, but saw no progress – we couldn’t even get it set up, let alone assigned to a negotiator.  At around the 45 day mark, it was finally assigned to be set up, but that became a fruitless process of us submitting and re-submitting paperwork, only to have our auditor lose faxes, misplace docs, etc.  We would submit something; follow up for a week between the auditor and the loss mitigation department, only to find out it needed to be re-submitted.  Rinse and repeat.  By the time all the requested documents were confirmed received, they were now outdated and needed to be refreshed.  Ridiculous.

At the 75-day mark, we began working our way up their corporate ladder.  We emailed their CEO, who had the VP of customer service call us and advise, they’re doing the best they can, and we’d just have to be patient and wait.  Our client was paying the mortgage as well as rent on her new apartment in an attempt to limit the damage to her credit and the money she was bleeding-out was drying up… we’d been patient long enough.

Being that this was a VA loan, we felt a lender that is allowed to service a loan provided to active members of the military must be far more efficient in dealing with loss mitigation issues that are the result of a military transfer.  With the benefit of being in the middle of an election cycle, we contacted the members of Congress currently serving on the Veteran Affairs Committee in both the state she was leaving, as well as the state she was moving too.  They responded the same day we contacted them and enthusiastically offered their assistance.

After all, if a lender is going to be privileged to service VA loans, they have a responsibility to do so in an efficient manner.  If they are unable, it should be suggested that they lose the right to service those loans.

Now, I don’t know what actually was said to the CEO of this lender when the offices of these congressmen/woman contacted them, but I do know this – we received an almost immediate response from the lender and all of a sudden, documents were being found and progress was being made.  We received our approval about 30 days later and closed on the short sale last week.

So for those of you out there tired of hearing “no”, keep looking for new ways to hear “yes”.  For those who don’t want to deal with this at all, call us…

 

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Jeff -
About the Author:

I’m a Real Estate agent, currently serving as the Director of Short Sale Legal Services, a division of The Law Offices of Mark M. Bello, Esq. We assist clients with the short sale of their home(s), with our main objectives being: 1) Acceptance of the short sale by our clients lender(s), and; 2) Either a release from any liability for the deficiency, or a significant reduction.

]]>

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I was denied a Hamp mod due to NPV caculations. My lender will not explain these terms to me. They said they cannot help me. I need to short sale and get out. Can u please help me
What are tax implications of short sale ?
What are the repercussions of a short sale ?

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short sale, real estate, lender, congress, election, military, veterans committee, va loan, mortgage, loss mitigation, credit score

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I’m a Real Estate agent, currently serving as the Director of Short Sale Legal Services, a division of The Law Offices of Mark M. Bello, Esq. We assist clients with the short sale of their home(s), with our main objectives being: 1) Acceptance of the short sale by our clients lender(s), and; 2) Either a release from any liability for the deficiency, or a significant reduction.

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Good News For Homeowner Short Sales In 2011


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Home Page > Finance > Good News For Homeowner Short Sales In 2011

Good News For Homeowner Short Sales In 2011

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Posted: Feb 07, 2011 |Comments: 0
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The Home Affordable Foreclosure Alternative Program (HAFA) has not met up to its expectations with regard to providing a viable alternative to a full blown foreclosure for distressed homeowners wanting to sell properties that are underwater rather than have a foreclosure on their record.

The HAFA program’s intent from the inception was intended to allow a homeowner facing foreclosure to short sale the property and also provide the possibility of a stipend of money for relocation purposes, once the is was complete. It also provides for monetary incentives for the servicers to administer the program to help facilitate short sales.

Unfortunately, the program also created loopholes for servicers to take advantage of the guidelines to make them work primarily in favor of the the servicer, representing the investor, to the disadvantage of the homeower. Some of the loop holes in the orginal HAFA program that made for sometimes insurmountable obstacles are:

(a) the inordinate amount of time it takes for servicers to respond to a borrower when electing to short sale a property and the fact that approval or disapproval of short sales, commonly take 90 or more days. During this time, most buyers who have made an offer on the property are discouraged and lose interest and move on. Thus, the homeowner loses the short sale opportunity. This results in the homeowner often needlessly being forced in to foreclosure and thus defeating the intent and purpose of the HAFA program.

(b) HAFA presently has no guidelines addressing the practice of servicers to completely ignore the underlying property listing agreement between the homeowner as seller and the prospective buyer of the property. Servicers more often than not unilaterally dictate the amount of commission that will be paid to the listing real estate broker. Most listing contracts have a six percent (6%) commission set for payment to the listing real estate broker.

This commission is the thing that motivates the real estate broker to list the property and work very hard to accomplish a sale on a very difficult property. Arbitrarily reducing the commission by servicers because they must approve the sale, often occurs and this knowledge has discouraged the real estate industry from embracing the concept of short sales and thus affects the entire real estate industry in a significant way.

The two obstacles described above account for a significant failure of short sales that otherwise could be successful and benefit the servicer, the homeowner and the real estate industry, which desperately is trying to right itself.

Finally there are new HAFA guidelines proposed that will take place effective February 1, 2011 that removes the obstacles described above along with several others. Here are some of the most important changes that will become effective:

1. No more need to verify income. Only a hardship letter or request for modification via short sale is required.

2. The property being short sold can be vacant or rented out up to 12 months prior to requesting the short sale without regard to whether the borrower has lived in the property so long as it was the borrower’s principle place of residence within last 12 months.

3. Servicers are no longer limited to the 6% cap on extinguishing second, third or other subordinated loans during the short sale process.

4. Servicers are required to respond within 30 days to a borrower’s request for a short sale. Servicers are required to approve or disapprove an offer submitted by a buyer of the property within 30 days of receipt or alternatively to respond with a counteroffer within that 30 day period of time.

5. Servicers must honor the amount of commissions agreed to be paid to the listing real estate broker up to six percent (6%) if that is what is agreed to between the listing broker and the borrower. No offset is allowed by the servicer. This is huge toward getting the real estate sales industry to engage more actively in short sales.

While one should be optimistic and excited about these new guidelines, the reality is that many of the servicers will not take heed and will continue their ways in ignoring rules and regulations. Therefore, it will be necessary for all parties involved in these short sales to be diligent and hold the servicer’s feet to the fire. The difference this time around is that the regulations specifically include language like “the servicer “must” or “shall” follow specific guidelines.These terms “must” and “shall”, although small, make all the difference. The effect is that the guidelines now have muscle that the courts will ultimately enforce under federal regulations and this message is now loud and clear to the servicers.

Real estate brokers, homeowners and others who understand the power of this new “language” change and who let the servicers know that they know the significance will meet with substantial success in the future. Homeowners and persons representing them should keep a copy of the Supplemental HAFA regulations handy when communicating with lender servicer negotiators.

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Closing And Funding Short Sale Deals With Transactional Funding


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Closing And Funding Short Sale Deals With Transactional Funding

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If you’re a preforeclosure investor, with the tightening credit markets, you have no doubt noticed how much more difficult it is these days to close short sale deals.

In the past, plenty of hard money options, along with double closings and simultaneous closings made closing short sales a breeze.  However, with the credit crunch, mortgage fraud, and tighter restrictions with lenders and title companies, closing short sales isn’t as easy as it used to be.

However, there is still one very simple and easy way to close your short sale transactions without using double closings, hard money, simultaneous closings, or even the over complex land trusts.

That method is using back-to-back closings to get all of your short sale deals closed and funded on time.  Back to back closings take a short sale deal and turn it into two separate and distinct transactions.  The first transaction is the homeowner facing foreclosure selling to the preforeclosure investor.  The second transaction is the real estate investor then selling the property to the end retail buyer.

However, even if you are using a back to back closing, and your end retails buyer has secured their funds, what makes this work is that you need to secure your own funding, as the real estate investor.

So where do you get this funding of your deals?  This is often called transactional funding, and today, there are many lenders making these types of loans.  Lenders love transactional funding, because they are only lending for a period of a few hours.

With the end buyer’s loan already approved and in place, two separate and distinct transactions take place on the closing day.  The first is the investor purchasing the short sale deal from the distressed homeowner.  This is funded by the transactional funding company.  Immediately after this transaction has closed, the investor is then turning around and immediately selling the property to the end buyer.

The end buyer is using funds obtained by him through a traditional loan, or cash.  Most conventional lenders today won’t have any issue funding these loans.  The only such exception are FHA loans, which at the time of writing this article, have a 90 day seasoning requirement.  However, as the real estate market changes, and the housing market remains volatile, it is very possible that the FHA might change its guidelines.

Transactional funding is the perfect way for preforeclosure investors to fund their short sale deals in today’s foreclosure ridden market.  There are plenty of choices for funding companies, all willing to fund these simple, easy short sale transactions.

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Terry Wygal is an expert on real estate investing in Short Sales and has several strategies for Closing Short Sale Deals and has been working with Justin Lee.

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What are the repercussions of a short sale ?

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Terry Wygal is an expert on real estate investing in Short Sales and has several strategies for Closing Short Sale Deals and has been working with Justin Lee.

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