A short sale is when a lender accepts a discount on a mortgage to avoid a possible foreclosure, auction, or bankruptcy… Yes, you read that correctly. A lender may be willing to accept a lesser amount than owed. We specialize in these types of transactions by re-negotiating the loan amounts of your property with your lender(s) allowing you to resell the house at a price suitable for all parties involved. At the end of the day you can possibly walk away with the accounts settled and move on with your life. Many homeowner’s whom are facing foreclosure tend to be “upside down” on their property; meaning they owe more than the property is worth, or cannot afford to sell their property and pay all costs associated with selling. This is when a short sale is most appropriate.
- In California, the foreclosure process takes place via the Trustee Sale and can be lengthy. The process can take up to 4 – 12 months. Furthermore, the process can be further delayed if you have the proper representation show up to court and make a case for prolonging the foreclosure.
- The foreclosure process and repossession of the property costs the bank(s) money.
- Lenders do not like excess inventory or foreclosures on their books, especially in this market.
- Lenders can risk losing more money if the property goes to auction.
- Lenders are not in the property management or real estate brokerage businesses and have no intentions to getting in to them.
- Lenders are in the business of loaning money to individuals who buy properties, they are not in the business of loaning money on properties and then taking them back via foreclosure, and finally reselling them for a discount. This would not be a very profitable business model & one thing most banks do well is make more money than it loses.
The answer is simple, in order to avoid a FORECLOSURE. A foreclosure can be extremely damaging to an individuals credit report and have long-term effects on any individual seeking credit for up to several years. In some cases filing for bankruptcy can be less damaging than having a foreclosure on your credit. Since we live in a credit driven society, keeping a good credit rating can save a family thousands of dollars in attractive finance rates for vehicles, home mortgages, and other large items. A negative credit report and poor score can affect everything you do from renting an apartment to buying a car.
When faced with foreclosure some individuals may turn to bankruptcy as an option to solving the problem. Filing for bankruptcy will consolidate your debt and can wipe out your liabilities, but it will not prevent an eventual foreclosure if the bank has already started the process. A bankruptcy only delays a foreclosure. However, if all you need to do is delay a foreclosure and there is little to no other major outstanding debt which needs to be settled, then there are other methods which may be more suitable. Trying to conduct a short sale while in bankruptcy requires strategy and a plan. It is best to consult with a knowledgeable bankruptcy attorney prior to making any decision in order to gain the proper information and make an appropriate plan. If your home is the only debt that is creating an uncontrollable situation for you, a short sale option is likely your best bet VS. a bankruptcy. If you need additional help with debt consolidation you can give Jennifer a call at (925) 435-1678 to refer you to a trusted bankruptcy attorney.
In order to qualify for a short sale, the seller/homeowner must show legitimate hardship. The following list shows some of the more common legitimate hardship situations. 1. Borrowers unable to keep up with current mortgage payments. 2. Divorce 3. Death 4. Relocation 5. Over valued properties. 6. Predatory lending situations/mortgage fraud. 7. Loss of job 8. Unable to sell your property due to market conditions. 9. Loan amount is higher than you can currently sell your property. and many other reasons…
This is a common situation. Negotiations with each lender will be performed during the process. As in anything else, the more lenders needed to short, the more time consuming and complex it can get. In the “Foreclosure Facts” section you will find more information regarding Liens & Mortgages that you will find helpful. How much time does it take? From the day you accept a contract to the time the property will close can take up to 90-120 days. However, if negotiations go poorly the process may be extended. No two short sale deals are alike and every seller has a different situation, but we will put 110% into each deal to get it approved and closed.
Just because you have already filed bankruptcy does not mean you cannot do a short sale. Bankruptcy may cure your debt and liabilities, but it will not save your credit. Whether you file for a chapter 7 or 13 bankruptcy, you can still do a short sale, there is just more paperwork involved and it will take a bit longer to complete. If this is your situation, a strategy should be mapped out between your bankruptcy attorney, agent, and processor (the individual who will actually negotiate the short sale) to determine the right course of action for you to take. We have worked with many bankruptcy attorneys in the Contra Costa Country area to structure deals such as these.
They get paid at closing from the lender since title has to be free and clear when transferred to a new buyer. Are all short sales accepted? If the lender believes they will net more money for your property through a short sale vs. taking the property back as a foreclosure/REO, they are likely to accept the offer. Many lenders are encouraging them vs. taking the property back. It is in the lenders best interest in most cases to accept a short sale vs. repossession/foreclosure.
This process costs you nothing. When conducting a short sale, or any deal, you always must deliver free and clear title to the new purchaser of your property. While we are conducting a short sale with a lender all costs are taken into account and paid for by the lender. Part of the amount that you are shorting the lender includes all the closing costs typically associated with selling a home. These costs are viewed as a “wash” for any lender because if they took the property back, they would be responsible to pay them anyways. These costs include property taxes, title costs, attorney fees, back assessments, and even commissions, which is how we are paid. Once in a while you may be shy of reaching the lenders requested net amount and you will have to go into your pocket to pay the difference, but this is rare. If you use the right representation you can avoid this.
Simple, make an appointment with one of our agents to schedule a consultation. All of our consultations are fully confidential and free. We believe it is best to give the short sale consultation first and provide the homeowner with ALL of the relevant information about short sales and the process. After the consultation we advise seller’s to seek out second opinions, check with an financial professional about any tax ramifications, and discuss the short sale with their attorney. This way the homeowner has performed the research, been educated in the process, and is able to make the best decision for themselves.
Contact Vantage Point Real Estate
Vantage Point Real Estate
2085 N. Broadway, Ste. 400
Walnut Creek,CA 94596
Main Number: 925.472-0899