I’ve Heard It Before, But What Is a Short Sale?
Finding oneself in the situation of being unable to keep mortgage payments current can be immensely stressful and embarrassing. However, anyone not privy to the real estate vernacular may not realize that there is an alternative to foreclosure proceedings or bankruptcy: short sales. A short sale occurs when real estate sells for an amount less than the current owner owes on the mortgage loan. When a property sells for less than its current value, the seller’s lender is accepting a discounted payoff to release the existing home mortgage.
This is very different from a foreclosure, in which a lender obtains a termination of the borrower’s equitable right of redemption by court order, or from a REO property, which is a bank owned property that has failed to sell at a foreclosure auction. Although a short sale is typically rather stressful in its own way, it is often a much more agreeable situation than bankruptcy or foreclosure. Nevertheless, as short sales result in losses for the lender, the process of selling a home short is not the easiest process in the world.
How to Go About Selling a Home Short
It is reasonable to expect a certain degree of difficulty in selling a home short, since the process will result in the lender or mortgage investor potentially losing tens of thousands of dollars; many times, it will make more sense from the lender’s viewpoint to foreclose. Also, not all sellers or all properties even qualify for short sales. Consequently, in order to get the lender to approve one on a property, the borrower must prove to the lender that he or she is no longer able to afford the mortgage. How is this done? The borrower must submit financial statements to the lender demonstrating his or her inability to keep up with the mortgage payments. This way, there is physical proof of financial hardship causing the borrower to resort to breaking free of his or her mortgage.
Unfortunately, aside from providing the lender with financial information, there really is no standardized short sale approval process. Approval criteria vary from lender to lender and, sometimes, within one institution. In any case, it is a good idea for any mortgager looking to sell his or her home short to consult a real estate agent with short sale experience, an accountant or other tax professional, and perhaps an attorney.
Homeowners who are behind in mortgage payments often make one mistake that, if not made, would allow them many more months to recover financially before losing their home. This mistake is when borrowers move out of their home before they are legally required to do so. And now, with the steep rise in the foreclosure rate over the past few years, there are even more reasons to stay put as long as possible.
Of course, a small number of homeowners realize the financial advantages of delaying the final move into a new apartment or rental house for as long as they can. Every month without a mortgage or rent payment is extra money that can be used to pay off other bills, keep on top of car payments, or simply save up for a security deposit or emergency fund. And as long as they still have legal rights to remain, there is no reason to move just yet.
Some homeowners even go to great lengths to get even more time from the bank to stay in their home. They do whatever they can to apply for solutions to foreclosure, request postponements of a sheriff sale, and defend the lawsuit in court for months. Finally, they file bankruptcy to drag the process out even longer. In many cases, this can result in months or years of living rent and mortgage free. A far greater number of homeowners, though, fall behind on their monthly bills, listen to the lender’s threats of foreclosure, and simply move out of their house. The property sits abandoned while the banks takes it through the legal foreclosure process, and then it sits abandoned while the bank hires a local Realtor to sell the home. In the meantime, if falls into disrepair and becomes a victim of squatters or people stripping the property of anything of value.
However, now that banks have so many foreclosures on their books, many foreclosure auctions are simply being postponed for no apparent reason. While more homeowners than ever are applying for assistance, even more sheriff sales are being delayed. In addition, lenders are often incompetent enough to proceed with a public auction of a home even if the borrowers are negotiating for a loan modification or other plan. This indicates that the banks are voluntarily postponing some sheriff auctions in order to avoid having to declare the loans as losses and then declaring the properties as assets at their true market values. Banks have gotten away for years with overestimating values of homes in order to inflate the values of the loans on the properties and the securities made up of these mortgage debts.
