It seems to be a sign of the times that more often than not the properties we see for sale are listed as short sales. Short sales mean different things to the different parties involved in a transaction, but before we look at that, a definition and brief explanation of the short sale process might be in order.
First, it's called a short sale because the property is being sold “short” or for less than the amount remaining on the mortgage. Not every listing however qualifies for a short sale. The seller must have a demonstrable financial hardship, and some lenders require that the borrower has missed payments.
To begin a conventional short sale, the property owner lists his home, as a short sale, with a Realtor, preferably one who has completed the prescribed course and gained their CDPE (Certified Distressed Property Expert) designation. This ensures that your agent is capable of navigating the time consuming and often difficult path to negotiating the best deal for you while protecting your interests.
Once an offer is received on your property, the offer, along with the required documents are submitted to the lender for their approval. It is from this point that the waiting begins and the time frame can vary from three to four months to over a year depending on the bank and other circumstances which vary with each case.
When the offer is accepted by the lender, the sale can proceed along the lines of a conventional sale to closing. However, the bank will typically reserve the right to pursue a deficit judgment against the seller for the difference owed. Additionally there is the possibility of a tax liability known as a 1099, for the amount forgiven. Regarding this tax liability, these issues are addressed in the Mortgage Forgiveness Debt Relief Act of 2007, and in all cases an accountant familiar with these laws should be consulted.
In part 2, we'll be looking at the advantages to pursuing a short sale from the viewpoint of a seller, a buyer, and a lender. If you have any questions regarding your real estate situation, please contact us at the following numbers: Lorraine – 239-322-8972 or George – 239-322-9173.
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In part 1, we looked at what a conventional short sale is and how the process works. This month we'll look at the benefits a short sale provides to each of the parties involved.
At first glance it would seem that the lender is the big loser here and in many ways they are. Remember a short sale occurs when a lender is willing to accept less than the amount owed them to release their lien on the property. However, it's a matter of degree, it will generally cost the lender ten to twelve thousand dollars more to foreclose on a property than to process a short sale. Additionally, a short sale generally takes less time, and allows the lender to clear non-performing loans from their books that much sooner. For the seller there are a number of advantages, primarily from the standpoint of minimizing the damage to your credit rating. While the number of points an individual's score will drop depends on the number of missed payments, credit card defaults etc., with diligence one's score can be restored in as little as 18 months. By contrast a foreclosure is the one credit report item that is almost impossible to have “repaired” and must always be disclosed on future mortgage applications. One other consideration for the seller in a conventional short sale is the possibility of a deficiency judgment. This is a court judgment issued in favor of the lender giving them the right to pursue collection against the borrower for their loss. While this is always a part of the settlement in a foreclosure, in a short sale, getting a judgment against the borrower involves the lender filing suit and incurring additional expense knowing there is very little chance of them actually collecting anything. For this reason it's not unusual for the lender to simply accept the amount realized in the sale. Either way, the seller is almost always better off pursuing a short sale rather than allowing a foreclosure to take place.
What then is the advantage for a potential buyer of a short sale? First, in the present market, it substantially increases the number of properties available. Secondly, it will generally allow the buyer to purchase a property marginally below market value. On the other hand, it generally takes longer to complete the purchase, in extreme cases up to a year. For this reason it's usually not a viable choice for someone who needs to close on a home quickly.
As in most things, short sales provide advantages and disadvantages to all the parties involved. Whether you're a buyer or seller be sure to discuss your plans with a Realtor experienced in the short sale process. In part 3, we'll look at the government's short sale program known as HAFA. If you have any questions or would like a no obligation consultation, please give us a call. George Keough – 239-322-9173 Lorraine Keough – 239-322-8972
Our Local Real Estate Market- Short Sales Part 3
In the previous two articles we looked at the conventional short sale process and while the advantages may be obvious, so are the downsides. For many buyers and sellers, the long time frames become burdensome. Buyers seldom want to wait six months or more to know if they've bought a house and they frequently purchase something else during that time. Sellers have typically been dealing with their own financial issues and just want the process to be over with. Part of the problem has been the lack of a uniform procedure as well as the need for lenders to maintain communication with their investors in the secondary market.
To address these issues, in April of this year (2010) the treasury department launched a program known as HAFA (Home Affordable Foreclosure Alternatives). In order to participate in this program, the seller must apply, and meet their requirements which are: 1.There must be a demonstrable hardship eg. Loss of job, illness, transfer, pay reduction etc. 2.Borrowers total monthly payments (principle, interest, taxes & insurance) exceeds 31% of their gross income. 3.Mortgage is delinquent or default is reasonably foreseeable. 4.Must be your principle residence and be occupied by you. (There are some exceptions) 5.Mortgage originated before 2009 and unpaid principal balance does not exceed $729,750. One of the advantages to this program is the establishment of time allowances for each stage of the process, for example, your property will be listed for 120 days (servicers may extend this up to 12 months if agreed to by the borrower). Within 3 days of receiving a signed purchase agreement, the agent must submit a request for acceptance to the lender. The lender has 10 days to approve or disapprove the offer and notify the seller or his agent. From this point the property can close in 45 days or sooner if seller agrees. Clearly this shortens the entire sales process and makes a short sale purchase a more realistic option for the buyer. However, the real benefit to HAFA is to the seller. In addition to a quicker settlement, the HAFA program requires the lender to release the borrower from any future responsibility for the forgiven amount and if there is a secondary lender that receives an incentive from HAFA they too must forgive the debt. In addition to freedom from a deficit judgment, HAFA also allows a $3,000 relocation payment to the seller at closing.
Although no short sale is without its challenges, the HAFA program serves to make the whole process smoother while providing excellent financial incentives to the seller allowing them to get back on their feet sooner while moving ahead with their lives. If you have any questions concerning this program or would like to discuss your options, please call George or Lorraine Keough, Realtors with Sellstate Priority Realty.
George: 239-322-9173 Lorraine: 239-322-8972 E-mail: George@CapeCoralTopAgents.com |
Hello, As someone considering purchasing a home in Cape Coral, I feel it would be to your benefit to understand how the city's utility assessment program works.
The utilities we are discussing here are water, sewer, and irrigation. Not all of Cape Coral is currently served by city utilities, in fact, most homes in the northeast and northwest as well as some in the southwest are still served by well and septic systems.
By state law, the city is required to provide water and sewer service to all properties within a fixed time frame. However with the current economy there have been extensions to the original time line and the city council has revised the original plan several times.
Nevertheless, when shopping for a home the assessments and the amounts outstanding should be considered. For many properties, especially in the southeast, you will see that the assessments are “in and paid”, this is great because all you owe is your monthly utility bill. Because the assessments and impact fees can be paid over a 20 year period, being added to the tax bill, it's quite common to find homes with outstanding assessment balances of $10,000 or more. This should be seen as quite normal especially with newer homes, but as a buyer you should be aware of it.
For those properties still on well and septic, obviously your only expenses would be maintaining your systems which is minimal. You should be aware however that at some time in the future, the city's utility expansion project will include all properties and at that time your property will be charged with impact fees and assessments typically amounting to $20,000 or more. As I mentioned before, this amount can be paid in installments over 20 years along with your property taxes.
Whichever type of property you choose, as long as you're aware of these expenses up front, you can make an informed decision that best suits your needs. As your Realtor, I will make sure you are aware of any outstanding expenses on any property you might consider.
My wife Lorraine and I look forward to working with you.
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