Short sale real estate references selling property for less than the balance owed on the mortgage loan. This type of transaction is occasionally offered to borrowers who have become delinquent on their home loan and can no longer afford mortgage payments. In order to avoid the expense associated with foreclosure, banks allow borrowers to sell their house at a reduced price.

Entering into short sale real estate contracts is a lengthy process. Oftentimes, borrowers enlist assistance from a real estate lawyer, realty agent, or short sale specialist. However, borrowers must obtain approval from their lender before listing their home as a short sale property.

Not all banks engage in short selling. Those that do require borrowers to prove they are financially insolvent and unable to fulfill their financial obligation. Short sales are generally reserved for borrowers who do not possess home equity and owe more than their home is worth.

In some instances, banks will grant short sale approval to borrowers who possess home equity and are current on loan payments. Borrowers facing financial challenges due to the death of a spouse, divorce or terminal illness might qualify for real estate short sale.

The first step involves contacting the bank’s loss mitigation department. Loss mitigators usually attempt to qualify borrowers for loan modifications to help them remain in their home. If short selling is an option, borrowers must submit financial and real estate documents to their assigned loss mitigator.

Although short sale protocol varies by lender, most require the same financial documents. Short sale packets consist of legal forms, financial records and a letter of hardship. These documents can be your ticket to financial freedom.

Take time to review the information, fill out every form, double-check everything twice, have a real estate attorney review the documents, and make certain to return the packet on time. Do not lie or exaggerate information. Providing false financial information in a real estate transaction is a federal offense which carries a penalty of jail time and expensive fines.

The short sale hardship letter could very well be the most important letter you will ever write. Hardship letters give borrowers the opportunity to explain circumstances that caused them to become delinquent on their home mortgage loan.

Letters of hardship should be written in chronological order, outlining events that caused financial problems. It is important to list any action taken to overcome financial challenges. If you discontinued cable TV and cut up credit cards, state these facts in the hardship letter.

Once short sale approval is obtained, borrowers are required to sell their property within a specified timeframe. Most lenders require borrowers to have a prequalified buyer in place before authorizing a short sale transaction. Others grant borrowers’ time to list their property through a realtor. If the property is not sold by the deadline, lenders commence with foreclosure action.

One lesser known option for selling foreclosure short sale real estate is to seek out private investors. Many real estate investors are familiar with short selling and can assist throughout the process.

Before signing short sale contracts, be certain to inquire which type of short sale agreement is offered. Some mortgage lenders hold borrowers responsible for the deficiency amount of the sale price and loan balance. If borrowers are unable to pay the amount in full, lenders obtain a court authorized judgment which remains on credit reports until restitution is paid in full.

Other banks accept the sale price as payment in full and do not hold borrowers responsible for the deficiency. This is referred to as Payment in Full without Pursuit of Deficiency Judgment. Obviously, this is the preferred short sale real estate option.

A short sale takes place when the value of the property declines to be lesser than the remaining value of the mortgage. The homeowner decides to sell his property because he can no longer keep up with the monthly payments. In this case, the approval of the lender has to be approved. This is necessary because he has to agree to receive a discounted payment of the mortgage loan. This makes it difficult because the lender often rejects the proposal of the seller.

This is why you have to know how to present a good short sale package. It should convince the lender to approve the proposal. First, you have to understand that the lender wants to minimize the loss, so make sure that you have a decent offer for the property. Make sure you have all the requirements as well.

How to qualify

There are various requirements needed to qualify for a short sale. First, there should be a decline in the property value. This can happen if there is decline in property prices in your area. This may also occur if you neglect your property. Aside from the price, the lender will also check your mortgage. It should be near default or in default. This can be a result of a hard time that you or your family is facing.

Another important requirement is the hardship letter. This should explain the hard time you are experiencing which caused you to miss your payments. Not all hardships are acceptable for the lender. You cannot qualify for a short sale if you are unhappy with the current home you are in or that you want to relocate. Some of the acceptable incidences are unemployment, death in the family, divorce and health expenses.

The lender will also require your financial statement. The lender will check if you have other assets. They do this because as much as possible, they want to avoid the short sale. They do not want to resort to this because of the significant loss they will be incurring. Additionally, there are sellers who are doing this to avoid their responsibilities. Some just want to get an approval so that they can move to a more beautiful home.

If you want to apply for a short sale, remember to be patient as this can take longer. You might even need to reapply for it.

For the buyers

If you are a buyer, purchasing a short sale is a good deal. It is not only cheap but it also shows a lot of promise. However, you need to conduct a research before you make a purchase. It is also essential that you know how much the remaining balance of the mortgage is. This will give you an idea of how much to offer the seller. Finally, if you are going to hire an agent, see to it that he is experienced with short sales to be able to represent you properly.

A short sale property is a good investment. However, you have to be careful when making the purchase. If the lender rejects the first proposal, you need to be ready to increase your offer.

A Short Sale Can Stop Home Foreclosure & Save Your Credit

Nothing is as detrimental to your credit rating as late mortgage payments and foreclosures. If you have fallen behind on your mortgage payments and are facing home foreclosure, you should consider using a short sale to sell your home now and avoid foreclosure.

One of the most common questions that homeowners ask is, “can I still sell my home if I am in foreclosure?” A Short Sale is simply selling your property for less than what is owed with the permission of your mortgage lender. It is not as complicated as many foreclosure advice experts make it sound, and is one of the best forms of foreclosure help available. There are three steps to closing a short sale: short sale pre-qualification, marketing the property, and closing the short sale.

The first step, short sale pre-qualification, is when you contact your lender and explain that your financial situation has changed and you wish to avoid foreclosure by selling your home. Most lenders have a short sale application that can be faxed or emailed. The application will tell you what documents you will need to gather and submit to your lender in order for them to determine if a short sale is an option. Common documents include paycheck stubs, tax returns, hardship letter, and bank statements. These items show your lender that you are not in a position to repay the loan.

Once your file has been pre-qualified for a short sale, you will market the property to find a qualified buyer. This means hiring a realtor and, if you can afford it, advertising your property in your local newspaper or other real estate publications. Remember, you are not trying to profit from the sale or cover what is owed to your lender. You are simply trying to stop home foreclosure and avoid have a foreclosure on your credit history by helping your lender recover as much of the money they loaned you as possible. It is also important to remember that the foreclosure process can be quite lengthy in some states, so don’t give up using a short sale to avoid foreclosure just because you do not find a buyer immediately.

Lastly, once you have found a qualified buyer, you will submit your purchase contract and the buyer’s credentials (pre-approval letter or proof of funds to close) to your lender. If your lender accepts the offer, then the deal is sent to a title company who will facilitate the closing of escrow. It is also important to order any city of point of sale inspections or other inspections as to avoid delaying your buyer from closing on time.

Once you have completed these steps, you will have stopped home foreclosure and your credit rating will be much better, in most cases, than if you had simply done nothing and lost your home through the foreclosure process. A short sale is a great option to anyone trying to avoid foreclosure.

SW Florida real estate update tips on buying short sales in Cape Coral and Fort Myers Florida by Brett Ellis of RE/MAX Realty Group and a local loan officer www.topagent.com

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.

Short sale approval can be a lengthy and complex process. Obtaining approval for short sales must be processed through the lender’s Loss Mitigation Department. There are many steps involved with a trail of paperwork.

When lenders engage in short sale approval transactions they agree to accept a lesser amount than is owed on the mortgage note. Typically, a Loss Mitigator is assigned to the Borrower’s account and reviews their situation to determine if they are eligible for this type of real estate transaction.

Short sale approval eligibility requirements include the following:

1) The Borrower must provide proof their home is worth less than the unpaid balance. Generally, this is accomplished by obtaining comparable home sale prices in the area where the Borrower’s home is located. Comp reports can be obtained through Realtors or by conducting research via the Internet.

2) The Borrower must be default on their mortgage note by a minimum of three months. Additionally, the majority of lenders only consider short sales when the Borrower has no equity in their home. If the Borrower has equity or other financial assets, chances are high the lender will not agree to a short sale approval.

3) The Borrower must provide proof they are facing financial distress due to hardships such as extended unemployment, chronic health problems, bankruptcy, death or divorce.

4) The Borrower has no financial assets they can draw from to maintain mortgage payments.
Before granting a short sale approval, the lender generally offers the Borrower a variety of options such as a Loan Modification or Deed in Lieu of Foreclosure. Some lenders will suggest loan modifications which allow the Borrower to roll over the delinquent mortgage payments to the end of the loan. Other lenders will reduce mortgage payments for an extended period of time.

There are multiple options available to homeowners who want to keep their home out of foreclosure. Each comes with their own set of pros and cons. Therefore, it’s vital to investigate all options and determine the best financial decision for you and your family.

Once the decision has been made to pursue short sale approval, certain elements must be in place. Generally, the lender will require the homeowner to have a Buyer lined up. This is best accomplished by working with a Realtor qualified to handle short sale transactions.

Finally, a short sale package must be provided to the lender. Although requirements vary from lender to lender, most lenders require the following information:

• Detailed financial statement outlining income and expenses
• Short sale hardship letter explaining the events that caused you to become delinquent in mortgage payments
• Current bank and investment statements
• Current year tax return
• Realtor listing agreement
• Signed sales contract
• Estimate settlement statement (HUD-1)
• Proof of buyer’s financing

The short sale approval process is not for the faint of heart. It requires patience, tenacity, organizational skills and multiple phone conversations. However, short sales are far less damaging to your credit and less traumatic than the foreclosure process.

It is highly recommended to thoroughly educate yourself about the short sale approval process and work with qualified individuals who are well-versed in this type of real estate transaction. Short sale experts include Realtors, Real Estate Attorneys, Short Sale Specialists and Private Real Estate Investors.

A letter of hardship is a statement written by a debtor that main goal is to convince a bank or mortgage institution to agree to a short sale of an asset or property.  A short sale is the sale of an asset or property for less than the value of mortgage or loan.  This sale is a settlement between the debtor and the financial institution that allows the bank to recoup some financial losses associated with bad or defaulted loans.  A short sale also allows the debtor to avoid imminent foreclosure.  In order to apply for these short sales, the debtor must convince the banking institution of his or her inability to repay the loan or debt.  This statement is often made in a letter of hardship.

When writing a letter of hardship, it is important to remember that the primary point of the letter is to convince the financial institution that the debtor, due to certain issues, is not likely to repay the outstanding loan.  If the banking institution is properly convinced that the debtor will default on the outstanding loan or mortgage, then they may decide to agree to a short sale of the property or asset.  A letter of hardship should be detailed and personal.  It should describe the debtor’s current financial situation, listing current income, other loan obligations, and any potential collateral available.  The letter should also attempt to explain why the debtor will likely not be able to repay the loan obligation.  Remember that the individuals who will decide whether or not to issue a short sale are human.  They will be more likely to issue a short sale if the debtor has incurred unforeseen debt or expenses. This unforeseen debt could be related to a death in the family, personal health problems, or any other reason that has led to the unexpected financial stress.  The debtor should be honest in a letter of hardship and stress the exact reasons why he or she has fallen behind on their mortgage or loan payments.

It is estimated that loan officers receive forty to fifty applications for a short sale per a day.  Less than one short sale is approved for every ten applied for.  Oftentimes, a letter of hardship is what separates an approved short sale application from those applications that are denied.  The letter should be truthful and personal.  There are many real estate companies that offer to write a letter of hardship as part of a short sale package. While these packages are often very professional and the experience of qualified real estate agents is helpful and reassuring, a letter of hardship should only be written by the debtor.  This letter should be short, usually under one page.  However, there are no set rules.  A compelling letter of hardship can often run two or even three pages.  The debtor should try to resist the urge to list a set of excuses for his or her current financial situation.  Instead, the debtor should focus on concrete reasons for why they have fallen behind on their mortgage or loan payments.  Acceptable reasons for falling behind may include the death of a wage earner, unexpected health costs, or the loss of a job.  Try to avoid any mention of any unexpected legal fees associated with a criminal defense or personal lawsuit as a reason for the failure to repay a loan or mortgage.  

Tips on Short Sales

A short sale happens, when the owner of a property does not have the money to meet monthly loan repayments. Instead of going through the embarrassing process of a foreclosure of declaration of bankruptcy, they opt for a short sale. The reason why this form of a property sale is called a short sale is because the sale proceeds are less than the amount outstanding to the lender.
 
A short sale can be done only after getting approval from the lender. The amount received by way of sale goes to the lender to pay the outstanding loan amount. Usually lenders opt for short sales, when they feel that foreclosing a property would result in a lot of expenses, which they can save by having this sort of a sale done.

Tips for Sellers

As a seller, check on the following points before you get into a Short Sale:

Be Well-Informed – Gather all information related to the process of a short sale. Find out rules that have to be followed for this process to come out the right way. You should also be aware of the implications of having a short sale done in your credit report.

Prepare the Property - You have to wait till the lender approve of you having a Short Sale. Once you get this approval the next thing to do is prepare the property to handle this. You have to spruce up the interiors and get necessary repairs done, so that those who come to see it will show an interest to buy it.

Get Necessary Documents Ready – You have to get all documents ready to proceed with the short sale. Since you need the lender’s approval first, you have to prepare it properly, stating your dire need for having a short sale. You have to prove that you are financially down and that you are facing extreme hardship as a result of which you want to get the mortgage payments off your expenses, by having a short sale. Find out what property documents have to be ready for submission along with your letters.

Take Guidance -  In order to successful carry out a short sale, you need to take help from people such as a real estate agent, a lawyer, accountant and a short sale negotiator. Getting guidance on the legal aspect of a short sale and how the processes goes from such people is vital to having a sale done that give you the right price for your property.
 
Tips or Buyers
 
Choose the Right Agent - You need to find the right real estate agent to handle this matter as this is not like a normal sale. In a short sale, the kind of real estate agent you hire must be someone who specialises in such sort of purchases. They should be able to give you a comparative study between the property available on a short sale and other properties in the market and also bring out fault in the property in an objective way.

Get Inspection - When you decide to ho in for a short sale purchase, you have to buy the property in the condition that it is and that why you pay the kind of price that comes with it. This means you have to have the property inspected because at least you should have a decent property or one in which repair costs are bearable. Inspect places such as the roof, sewers, chimney, water tank, septic tank, rooms, and electric wires and so on.

Make a Good Offer – The main reason why a property is put out in a short sale is because it needs to be taken off the hands of the owner, but at a decent price. Therefore, you have to put an offer that is acceptable for both the lender and the seller are seeking. In this regards, you need to check out property prices in the area, the kind of bid that lender and seller are seeking and then think and make the right offer, so that your offer  comes through.

Specify the Time Frame – You have to wait till the lender sends approval for you offer. Once it comes through, specify the period within which the deal must come through. You can also state firmly that you will cancel the deal if this does not happen.

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.

Things you need to know, before, you make offers on bank owned properties.