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Short Sales
This process can be daunting…
However, desperate times call for desperate measures.
- STEP
1: Verify the value of your property. Your
broker will provide you with an estimate of
market value.
- STEP
2: Estimate your closing costs. Ask your broker
for a Seller Net Sheet.
- STEP
3: Determine the amount owed against the
property. This will be the total of all loans against the property.
- STEP
4: Do the calculations. Subtract the total
amount owing against the property from the estimated proceeds of the
sale. On a short sale, this will be a negative number.
- STEP
5: Contact the lender or lenders. Talk to
someone in the customer service department and tell them the
situation. They may direct you to a specific department. Talk to a
supervisor or manager if possible; this person will have more
authority.
- STEP
6: Ask the lender what its procedures are for a
short sale. Some lenders are willing to work with you by reducing the
amount owed or making other arrangements. Other lenders will tell you
that your debt is your responsibility, one way or the other.
- STEP
7: Sell the property.
It
may be necessary to enlist the help of an attorney
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Contacting
the lender
- Call the Lender
You want a supervisor's name, the name of the individual capable of
making a decision.
- Submit Letter of
Authorization
If you are working
with a real estate agent, you may need to write a letter to the lender
giving the lender permission to talk with that specific agent about your loan. The letter should include the following:
- Property Address
- Loan Reference Number
- Your Name
- The Date
- Your Agent's Name &
Contact Information
- Hardship Letter
Draft
a letter explaining the unfortunate situation you find yourself
in. Let the lenders know the sad truth about your
financial position.
- Estimated Net Sheet
An estimate showing the sales price you
expect to receive as well as closing costs, unpaid loan balances,
outstanding payments due and late fees, including real estate
commissions. Your real estate broker should be able to prepare this
for you. If the bottom line shows cash to the seller, you will
probably not need a short sale.
- Copies of Bank
Statements
Gather up bank statements, and be prepared to explain any recent,
withdrawals.
- Proof of Income and
Assets
Lenders will need to know your current financial situation. You
will be required to provide information on any and all assets you may
have.
- Comparative Market
Analysis
Your real estate agent can prepare a CMA for you, showing the sales
amount of recently sold comparable properties.
- Purchase Agreement
& Listing Agreement
When you reach an agreement to sell with a prospective purchaser, the
lender will want a copy of the offer, along with a copy of your
listing agreement.
Now if everything goes well, the
lender will approve your short sale. As part of the negotiation, you might
ask that the lender not report adverse credit to the credit reporting
agencies, but realize that the lender is under no obligation to
accommodate this request.
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Tips & Warnings
- Closing costs will include
title and escrow fees (if the seller is responsible for any portion of
them, which will depend on your county), attorney fees, a portion of
unpaid property taxes, re-conveyance fees, notary fees, delivery fees,
documentary fees and/or transfer fees.
- Remember that the amount on
your monthly loan statement does not include interest. Interest is
accrued until the date a loan is paid off, so you may have as much as
30 days of interest on top of the balance owing, and you'll need to
include this interest in the total payoff amount.
- If a property is sold under a
short sale, the lender may require the buyer to make up the
difference, either through a personal obligation or a collection.
The IRS often gets involved with short sales,
because they are seen as a relief of debt and may be treated as income.
Check with your accountant.
It
may be necessary to enlist the help of an attorney
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For more information Please contact Kim
Simone (941) 746-5525
or email us: info@realtyteam.com
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