Posts Tagged “Foreclosure”

A short sale hardship letter is perhaps the most important letter any homeowner will ever write. The letter of hardship allows borrowers to present the circumstances that caused them to become delinquent on their mortgage note.

When writing a short sale hardship letter, it is important to remember the letter will be read by a human being. Banks employ loss mitigators to work as mediators between borrowers and lenders. Although loss mitigators do not make the decision to approve or disapprove a short sale request, they do have considerable input.

The words and emotions expressed within the hardship letter can sway the loss mitigator to help borrowers obtain short sale approval. This is not to say homeowners should fabricate misfortunes. In fact, people who lie in order to obtain short sale authorization could be charged with a criminal offense.

It’s always a good idea to draft an outline of the letter of hardship. Most people find they need to write this letter several times before obtaining their final version. Start by creating a timeline of the events which led to your inability to pay the mortgage. Then, write out a detailed description of these events and how they affected you.

Keep in mind that banks don’t like losing money. Many people believe a short sale means they can sell their home for any price they want and write-off the remainder of their mortgage balance. Most banks only allow borrowers to list their real estate at around 10-percent under market value and require the sale be facilitated through a licensed realtor.

The following is a sample short sale hardship letter. While each lender requires their own format, this will give you an idea of what banks are looking for.

Dear Lender,

We are contacting you today to request short sale approval for our property located at 1212 Sunny Lane. Unfortunately, we have fallen on hard times and are no longer able to meet our mortgage obligation.

We purchased our home in March 2006. At the time, I was employed as a construction supervisor and my wife operated a licensed daycare center from our home. In April 2007, I was involved in a car accident and had to undergo multiple surgeries. I was unable to return to work on a full-time basis for over a year.

In August 2007, my wife was diagnosed with breast cancer. Due to her treatments and hospitalization, she had to close the daycare. This caused us to lose over $2500 in income each month.

In December 2007, the company I worked for went out of business. Not only did we lose my income, we also lost our health insurance. We were unable to find an insurance provider who would pay for my wife’s treatments because they were considered pre-existing.

Although we were able to obtain some financial assistance through the hospital, we had depleted our savings account by June 2008. My wife has recently been able to reopen the daycare, but at this time she is only able to care for three children. Currently, she brings in $900 per month.

My unemployment benefits run out in June of this year. I have yet to find fulltime employment, but work odd jobs when I am able to find them. Our combined monthly income is around $1700. Considering our house payment is $1450 per month, I believe you can see why we are unable to cure our arrearages and become current.

We sold my wife’s car and my motorcycle so we could continue paying for medical treatments. We have enrolled in budget billing through our utility company and eliminated extra features on our phone and cable. We shop at discount grocery stores and utilize coupons whenever possible. We do not go out for dinner, go to movies, or engage in frivolous spending habits. However, we simply do not earn enough to make ends meet.

Obtaining short sale approval would eliminate a tremendous amount of stress and allow my wife to focus on improving her health. We greatly appreciate the opportunity to participate in a short sale and thank you for taking time to review our situation.

Sincerely,

John and Jane Doe

If you are delinquent on your mortgage and feel a short sale would benefit you, you must contact your lender to discuss this option. Not all banks engage in short sales; nor are they required by law to authorize this type of real transaction. Therefore, it is crucial to be respectful and not lose your temper when talking to the loss mitigator handling your case.

Once a short sale is authorized, you must work closely with your lender and provide requested documents in a timely fashion. Even more important, you must learn how to write a hardship letter that is compelling, factual and concise. Doing so can greatly increase your chances of success and potentially free you from your mortgage loan debt.

Simon Volkov, author of “The

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Should You choose a Short Sale Over a Foreclreade?


A reader asks : My husband and I’ve been making our mortgage payments every month even though our home is underwater. We owe a ton more than our home is worth. Now, my partner has was fired. We’re brooding about walking away from our home and letting it go to foreclosure, but my fogeys are telling us that we may qualify for a short sale. Which is better for us? A short sale or a foreclosure?’


Whether you should do a short sale or let the home go to foreclosure relies on many factors. While for some homeowners, it is simpler to throw up your hands and let the bank take your house that isn’t be the wisest thing to do.


Here are a few benefits for doing a short sale that isn’t have occurred to you .You are in control of the sale, not the bank. You may sleep better at night knowing who is buying your home. You will spare yourself the social stigma of the’F’ word, foreclosure. Contrary to popular belief, you can be current on your payments and still affect a short sale. Your house sale will be handled like any other home sale.

In the view of purchasing again after a short-sale, if your payments haven’t fallen behind 30 days late and the lender does not require that you repay the loan, Fannie Mae guidelines may allow you to buy another home straight away. The wait for an FHA loan is 3 years.

If your payments are in balance yet a short sale is granted by your lender, you will qualify to buy another home with a Fannie-Mae backed mortgage within two years, irrespective of whether the home is your first residence.

On the other hand, purchasing again after a foreclosure, with certain limitations, you may be eligible to buy another home in five years if the house was your primary residence. Without limitations, the wait is seven years.

if you’re a speculator and do not occupy the home, the wait to buy with a Fannie Mae insured loan is 7 years.

looking at its effect on credit, short sale is not a derogatory mark on your credit because credit bureaus do not show the word’short sale’ on your credit report. It may say’pay as agreed’ or’paid as less than agreed,’ among other categories. Some clients have reported negative FICO score drops from fifty points to 130 points.

The point drop is often because of being in default, which is behind on your payments.


While after a foreclosure, a selection of sources have reported FICO score drops from 2 hundred to 400 points after a foreclosure. Generally this credit score will remain on your credit report as a public record for ten years.

All lenders report short sales differently and some do not report them to the credit companies in any way.

If a possible employer runs a credit check on you, your job application might be denied if you’ve got a foreclosure on your record.

Judgments are typically bartered between the vendor and the short sale bank. In a few cases, for example California, if the home is your private residence and was financed through purchase money, there isn’t any deficiency judgment.

returning to its contrary, banks are unwilling to arrange deficiency judgments with the homeowner after a foreclosure. In California, for instance, according to the California organisation of REALTORS, a deficiency judgment might be filed if the lender forecloses under a legal foreclosure versus a trustee sale or if the second loan is a tough money loan and the sale happens as a trustee’s sale.

Loan applications do not ask questions about a short sale. You can report that you sold your house. While with foreclosure, you are required to answer the question [*CO]‘Have you ever had a property foreclosed upon or given a deed-in-lieu thereof in the past seven years.’ If the bank sees you’ve had a foreclosure, your loan most likely will be denied. If you lie, you could be subject to inquiry by the FBI for mortgage crime.

if you have had a foreclosure notice filed, you could be in a position to postpone that action while the bank considers your short sale. The wait for short sale approval can be from two to a quarter, or longer But with foreclosure, unless prior arrangements have been made, the bank may need you to right away vacate the property and can commence eviction proceedings.

On the area of taxation, a personal residence is free from mortgage debt relief until the end of 2012 on a Fed. level. Some states will still tax you unless you qualify for an exemption. An investor is not exempt from mortgage debt relief, subject to certain conditions.

apropos foreclosure, it is the same as with a short sale. Except some lenders straight away send out 1099s, even if the owner is exempt.

In closing, always obtain legal and tax advice before picking a choice between a Short Sale vs. Foreclosure
.

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A bank short sale is an option offered by some mortgage lenders when a homeowner is facing foreclosure. Although the process requires considerable time and patience, this alternative gives borrowers the opportunity to be released from their mortgage loan and walk away from their property.

Lenders can enter into bank short sale agreements on all types of real estate. The most common include single family residences, commercial real estate and vacant land. Short sales are usually reserved for borrowers who do not qualify for refinancing or obtaining a loan modification.

Short selling is exactly what it sounds like. Real estate is sold ’short’ of what is owed on the mortgage note. Banks will agree to accept less as long as the borrower is able to locate a qualified buyer within a short period of time.

Short sales are usually managed by the lender’s loss mitigation department. Once borrowers become 31 days delinquent on their payments, their account is turned over to a loss mitigator. This individual is responsible for mediating between the borrower and lender. The goal is to arrive at a mutually-beneficial agreement.

Not all mortgage lenders participate in short sale transactions. Those that do, require borrowers to adhere to strict guidelines and deadlines. One missed deadline or improperly filed document can result with the lender commencing in foreclosure action.

Bank short sale properties are usually listed through licensed realtors. Under certain circumstances, lenders may allow a home to be placed on the market as “For Sale by Owner”. When listing real estate through a realtor it is a good idea to work with an agent with experience in short sales.

If you are like most people, you probably wonder why a bank would agree to accept less than is owed. The primary reason is that foreclosures are costly and time-consuming. Foreclosing on a single property can cost the bank between $60,000 and $80,000. The process can take up to 18 months to complete.

With short sales, the process takes four to six months and there are no costly legal expenses. The lender agrees to accept a lesser amount in order to expedite the sale and recover the majority of their investment.

A bank short sale can be a saving grace for individuals facing foreclosure. Although the borrower is unable to continue living in their home, a short sale is less detrimental to their credit than foreclosure.

One extremely important issue to address is to determine the type of short sale your lender offers. Two types exist – Deficiency Judgment and Payment in Full without Pursuit of Deficiency Judgment. The first can ruin your life for decades, while the latter can remove an enormous financial burden.

Lenders who issue deficiency judgments persue the borrower for the difference between the short sale price and loan balance. If you owe $180,000 on your mortgage and the property sells for $140,000, the bank issues a judgment in the amount of $40,000.

Most people facing foreclosure don’t have $40,000 lying around. Having a judgment attached to your credit can have widespread effects. If you are fortunate enough to obtain any type of credit, chances are you will pay a high interest rate. Insurance carriers can increase premiums. The judgment can even affect employment opportunities.

Payment in full without pursuit of deficiency judgment will affect your credit score. However, it takes considerably less time to recover from the financial fallout. Borrowers able to get back on track financially can apply for another mortgage loan within two years.

It is wise to become educated about bank short sales and understand the pros and cons. Talk with your lender to see what options are available. When properly constructed, short sales can be beneficial to all parties involved.

Real estate investor and author, Simon Volkov, specializes in buying and selling bank short sale real estate. If you need to sell your home quickly or an investor looking for exceptional deals, visit www.SimonVolkov.com today.

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Prevent foreclosure is currently a hot topic. Millions of borrowers are struggling to make their mortgage payment. With rapidly declining housing prices, many owe more than their property is worth. The credit crisis has left debtors unable refinance their loan; leaving homeowners with few options to save their home.

It is important to do everything possible to prevent foreclosure. First and foremost, foreclosure exposes people to the very real possibility of homelessness. No one wants to live in a shelter, their car, or on the streets. Programs exist to help people in financial crisis.

If you are facing foreclosure and fearful you will end up being homeless, now is the time to seek out assistance programs in your area. These programs take time to implement and can take weeks to receive financial aid.

Those fortunate enough to have some money stashed away should contact their lender and inquire about obtaining a loan modification. When borrowers become delinquent with their payment by 31 days, banks often turn their account over to their loss mitigation department.

This department is comprised of loss mitigators whose primary function is to help distressed homeowners prevent foreclosure. The first option is usually a loan modification. When a mortgage loan is modified the terms are permanently altered. If the borrower is unable to adhere to the modification, the lender can commence with foreclosure action.

Each mortgage lender handles delinquent accounts according to their established protocol. Some lenders require borrowers to cure mortgage arrearages prior to modifying the loan. Others require a partial payment toward delinquent amounts. A few lenders will roll the delinquent amount to the end of the mortgage note and extend repayment terms.

When borrowers do not qualify for a loan modification, banks will sometimes allow them to enter into a short sale agreement. With short sales, lenders accept less than is owed on the home loan in exchange for quickly selling the property.

Short selling a home will prevent foreclosure as long as the borrower is able to locate a qualified buyer. Most short sale homes must be sold through a realtor. When possible, it is best to work with realtors who possess experience with the short sale process.

Obtaining short sale approval is a long and complicated process. Borrowers are required to submit substantial documentation proving financial distress. Lenders incur a loss on properties sold through short sales and borrowers must prove they do not posses any assets which could be used to repay the mortgage note.

Obtaining short sale approval is a long and complicated process. Homeowners must provide substantial documentation to prove financial distress. Since lenders incur a loss on short sale properties, borrowers must prove financial distress in order to obtain approval.

One little known secret to selling short sale homes quickly is to locate private real estate investors. Many investors seek out preforeclosure homes because they can be purchased below market value and are generally good investments.

It is a smart idea to work with investors who specialize in short sales. At present, banks accept about one of every ten short sale requests. Borrowers can improve their chance of success by working with experienced professionals who understand the intricacies of the short sale process.

Although your situation may seem hopeless, there is always a solution to every problem. If you need help obtaining short sale approval contact your lender or locate a short sale specialist today. Procrastinating will only make matters worse and eventually lead to foreclosure.

Simon Volkov is a highly respected professional who specializes in helping homeowners prevent foreclosure. Simon has engaged in hundreds of successful short sale transactions. If you need assistance selling your home to satisfy a short sale agreement, visit www.SimonVolkov.com today.

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Short sales homes can be a saving grace for borrowers facing foreclosure. The process involves selling the property short of what is owed on the mortgage note. When borrowers become delinquent with their payments and do not possess the financial means to become current, some lenders will grant short sale approval to prevent the property from falling into foreclosure.

Short sales homes are sold below the appraised value and proceeds are used to satisfy the debt. Obtaining short sale approval requires borrowers to undergo a financial audit through their mortgage lender and locate a qualified buyer to purchase the property.

Borrowers must work with an assigned loss mitigator. This individual is generally employed by the bank to develop a plan to either cure mortgage arrearages and help borrowers become current with payments, or short sell the property within a specific timeframe.

Not all mortgage lenders offer short sales, nor do all homeowners or properties qualify for approval. Those who do offer the option of short selling handle the process according to their established protocol.

Unfortunately, there is no one-size-fits-all strategy for negotiating with lenders to obtain short sale approval. However, borrowers who have accrued equity in their property or those who own valuable assets which could be used to repay the note cannot apply for mortgage short sales. The only way to know if properties qualify for short sale approval is to contact their lender.

Short sales are usually handled through the bank’s loss mitigation department. When borrowers become delinquent on their mortgage loan their account is turned over to a loss mitigator. This person acts as a mediator between the borrower and lender. Mitigators do not make final decisions, but can offer guidance and advice throughout the process.

The first step of the short sale process involves submitting a packet of financial documents. Similar to an IRS audit, loss mitigators carefully review borrowers’ financial status to determine if they are financially insolvent or possess assets which could be used to repay the loan.

Borrowers are usually required to submit payroll documentation, previous years’ tax returns, list of income and expenses, property tax and homeowners’ insurance premiums, credit card and banking statements, and various other documents.

Many mortgage lenders require borrowers to have a buyer in place before discussing the option of short selling property. If so, a copy of the sales contract must be provided to the lender. Other banks allow borrowers time to list their property through a realtor and grant two to three months to locate a buyer. The borrower must then submit a copy of the listing agreement to the bank. If a buyer cannot be located by the deadline, lenders commence with foreclosure proceedings.

If you are facing foreclosure and need to sell your house quickly to satisfy a short sale agreement, consider seeking out private real estate investors. Many investors are attracted to distressed properties because they are sold below market value and make good investment properties; particularly for investors who engage in house flipping.

Many investors buy homes with cash in order to expedite the deal and increase their power of negotiation. Locating an investor who purchases properties with cash can improve borrowers’ chance of obtaining short sale approval.

Borrowers should take time to become educated about the process of short selling their home and weigh the pros of cons of this decision. As they say, knowledge is power. The more you know, the better your chances of obtaining a successful outcome.

Simon Volkov is a successful real estate investor and short sale specialist. He has helped hundreds of borrowers obtain short sale approval and prevent foreclosure. Simon has published hundreds of short sales homes articles via his website at www.SimonVolkov.com. Simon is also the author of the popular, “Short Sale Hardship Letter eBook Course“; a step-by-step guide for working with loss mitigation to obtain short sale approval.

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Short sale refers to real estate properties sold “short” of the balance due on the mortgage loan. When borrowers fall behind on payments and cannot afford to maintain future payments, some mortgage lenders will allow the property to be sold to repay the loan.

Short sale transactions are multifaceted and require approval from the lender. Short sales are managed by the bank’s loss mitigation department. Employees who work in this department are known as loss mitigators and act as a mediator between lenders and borrowers.

Loss mitigators do not have the authority to approve or disapprove short sale requests. Instead, they gather and review financial documents provided by the borrower and make recommendations to the bank based on the borrower’s ability to make good on their loan.

There is no law requiring banks to engage in short sale transactions. However, lenders who received bail-out money are encouraged to offer short sales to eliminate non-performing loans from their books. The only way to know if your lender offers short sales is to contact them to discuss policies and procedures.

When real estate enters into foreclosure the property is ineligible for short sale approval. Borrowers who are struggling to maintain mortgage payments or have become delinquent on their loan should contact their lender immediately to discuss the option of short selling.

Two types of short sale options are available. The first and most common, is referred to as a Deficiency Judgment. This is the worst case scenario and should be avoided at all costs. The way short selling works is lenders allow borrowers to sell the home at a discounted price to attract buyers. Let’s say you owe $200,000 on your mortgage note and sell the property for $185,000. This results in a deficiency of $15,000.

When borrowers are unable to pay the deficiency amount, lenders issue a deficiency judgment for the balance. The judgment remains on your credit report until it is repaid. How long would it take you to repay $15,000?

Deficiency judgments can cause serious financial fall-out that can haunt you for years to come. Having an attached judgment places debtors in the “high-risk” category and can prevent them from obtaining credit of any kind. Those who can obtain credit usually pay a higher rate of interest and lower credit limits. Higher interest rates can amount to several thousand dollars over the course of time.

The second type of short sale is referred to as Payment in Full without Pursuit of Deficiency Judgment. This means the bank accepts the sale price as payment in full toward the mortgage note. Once the home sells, the borrower turns the keys over to the new owner and walks away from the property without owing additional funds. Obviously, this is the preferred short sale strategy.

Most banks require borrowers to have a buyer lined up before granting short sale approval. A few lenders allow borrowers to list their home through a realtor and provide a grace period of two to three months to locate a buyer.

Locating a realtor to list short sale real estate can be challenging. Short sales require a considerable amount of work. Oftentimes, realtors must accept less commission or forego their commission altogether in order to close the deal. Few realtors want to work harder for less money.

One under-utilized source for locating buyers is real estate investors. Many investors are attracted to short sale real estate because properties are sold below market value and can provide a good return on their investment.

An extra bonus of short selling to investors is many purchase real estate with cash. As everyone knows, cash is king. In this case, cash can expedite the transaction and help borrowers qualify for short sale approval.

Many elements are involved with short sale homes. The best defense for borrowers is to become knowledgeable about the process. If necessary, consult with a short sale specialist or real estate attorney for advice and guidance.

Simon Volkov is a real estate investor, short sale specialist and author of “Short Sale Hardship Letter eBook Course
; a concise guide which can improve borrowers chance of obtaining short sale approval. Simon offers a unique short sale program and is currently accepting a limited number of participants. Learn more about Simon’s program by submitting information about your property via the “We Buy Houses” form available at Simon Volkov.

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Mortgage short sale is an option offered by lenders when borrowers are unable to maintain their mortgage payments. Instead of allowing the property to fall into foreclosure, banks allow borrowers to sell their home for less than less than they owe on their mortgage loan.

Entering into a mortgage short sale can benefit all parties involved. Borrowers are relieved of the financial burden of homeownership. Banks recoup most of their investment, and buyers are able to purchase real estate below market value.

Borrowers must obtain short sale approval from their lender. Not all banks engage in mortgage short sales, nor do all properties or borrowers qualify for this type of transaction. Borrowers must be a minimum of 31 days delinquent on their loan and owe more than their property’s appraised value.

Every lender handles short sales based on their own protocol. When extended, borrowers must undergo a financial audit. Lenders require homeowners to submit a short sale packet which includes financial records such as bank statements, pay stubs, income, expenses, property tax statements and previous years’ tax returns.

Most lenders require borrowers to submit a short sale hardship letter outlining events which caused them to become delinquent on their note. This letter is oftentimes used as a tool to help loss mitigators determine borrowers’ eligibility for short sale qualification.

The letter of hardship should be concise, yet include sufficient details of financial circumstances. It should also include any actions the borrower has taken to overcome monetary challenges. This could include setting up utilities on a budget plan, using coupons for grocery shopping, eliminating frivolous spending habits, selling an extra car or taking public transportation.

Mortgage short sales are handled by the lender’s loss mitigation department. When borrowers become delinquent on their loan, a loss mitigator is assigned to work with them to establish a repayment plan or determine if they qualify for a short sale.

Loss mitigators handled multiple caseloads, so it is important to be organized and prepared when contacting them. Be prompt with providing requested documents and be respectful when engaging in conversation. Unfortunately, loss mitigators receive a considerable amount of verbal abuse from stressed out homeowners. Being nice can go a long way in obtaining a successful outcome.

A mortgage short sale is the last opportunity to prevent foreclosure. However, it is imperative to determine the type of short sale offered by the lender. Two types of short sale arrangements exist: Payment in Full and Deficiency Judgment.

Payment in Full means the lender agrees to accept the sale price as full payment to satisfy the mortgage loan. Once the sale occurs, the lender transfers the real estate to the buyer and the borrower is released from the loan.

When lenders issue a Deficiency Judgment, they hold the borrower responsible for the difference between the sale price and loan balance. Most short sale deficiencies range between $10,000 and $30,000, or more.

Once a deficiency judgment is issued it remains on borrowers’ credit history until paid in full. For many people, this can take a lifetime to repay and will tarnish their credit for years to come.

Many elements are involved with mortgage short sales. If you are facing foreclosure it is crucial to contact your lender and discuss available options. Facing the problem head-on is the best strategy. Take time to become educated about mortgage short sales and weigh the pros and cons before making a final decision. If necessary, consult with a real estate lawyer or short sale specialist to obtain advice and guidance.

Simon Volkov is a private investor who specializes in purchasing mortgage short sale properties. Simon has helped hundreds of homeowners obtain short sale approval by negotiating with their lender and buying their house. If you need to sell your home to prevent foreclosure, contact Simon Volkov today to discuss your options.

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