Short sales in real estate are becoming more common here in the East Bay. Of the 255 Dublin homes listed as Active or Pending as of 2/8/2010 , 133 were short sales
This is what you need to know...
If you bought a home from 2003~2008 it's likely that you owe more on your loans than the home is currently worth. This is known as being " upside down " on the loan. By it's self it doesn't really matter. If you keep paying on the loan, and continue to live there nothing really changes.
Here's where things get sticky. If you need to sell it's very possible that the current market value is less than the total of your loan balance and any expenses of selling. You can still make it right by bringing money to the deal to fill in the difference. Realistically most of use don't have a large pile of cash to make this happen. If you still want to sell you may need to do a " short sale ".
Let's back up a bit...
Your lender gave you your loan to buy the home andyou gave the lender a promise to pay them back. That promise was guaranteed by giving them the right to take your home if you don't pay. The process for this is called a foreclosure. If you stop paying your mortgage for any reason they will start the foreclosure process and 4 or 5 months later they will sell the home at a courthouse auction. If nobody buys it at the auction the ownership (title) goes to the lender and the property becomes an REO (Real Estate Owned by the bank). The REO home will be listed on the MLS by a Realtor working for the bank and sold to a new buyer.
A foreclosure is devastating to your credit rating and doesn't always relive you of the obligation to pay the lender for the money they lost.
[ this is where I need to give you the obligatory "ask a lawyer or CPA" speech ]
So, what about a short sale?
A short sale is an agreement from your lender that if you sell the home, the lender will accept whatever they can get as full payment for the loan.
Here's an example
Home purchased in 2004 for $500,000
Current loan amount is $400,000
Current market price is $350,000
Cost of sale $50,000
so if you sold today...
$350,000 - $50,000= $300,000 from sale. You still owe $400,000 to the lender which means that there is a shortage of $100,000.
If the lender agrees to take the $100,000 loss then you can do the sale, "short-pay" the loan balance, and walk away. Your credit will suffer, but usually not as much as a foreclosure. But Why would they agree to do this?
Foreclosures are expensive, and take many months. Even if they eventually get a judgement against you for the "
Deficiency" it's really hard to actually get the money back. A short sale may be cheaper in the long run.
Sounds great, let's do it...
Well, maybe not.
The lender (or lenders if you have a 2nd loan also) will want proof that you can't pay your mortgage, not just don't want to pay. It's not enough to be upside-down, you also need to prove to the lenders that you have a genuine hardship. Loss of income, health expenses, or some other unexpected reason that you can no longer pay your monthly bills. You will need to give them copies of your income taxes for the past 2 years, bills, bank statements, mortgage statements, and pay check stubs or other proof of income. It's a long, uncertain process.
If it seems likely that a short sale is the best solution for your situation, I will list the home for sale and work hard to get a good offer. With an accepted offer in hand, I will negotiate with the lenders for you and try to convince them to accept the short sale proceeds as payment of your debt.
You will lose the home, and get nothing in return. The good part is that the burden of the expensive monthly payments will be gone and you can find a cheaper place to live.
It’s a “short” sale so it’s quick, right?
No, in fact short sales are notoriously slow. Figure from 2~6 months. I have seen some that are done in 40 days but it’s very unusual. Most of the time is wasted in bureaucratic dead ends, lost faxes, and indecision at the lenders. This is why it’s useful to have a Realtor help you get it done.
A word of warning…
There are scams which take advantage of people facing a short sale or foreclosure by confusing them into paying fees or signing over a deed. Never pay a penny or sign anything you don’t completely understand. Ask a friend or attorney to review any agreements you are considering. Realtors should not charge you anything, we are paid only as part of a completed short sale transaction.
If you want more information, or are curious if a short sale will benefit you, please contact me very soon. The longer you wait, and the further behind you get, the harder it will be.
Eric Haggin
925 388-6462
Keller Williams Realty, Danville
I serve clients in all parts of the San Francisco East Bay Area.