Millions of Americans are faced with the possibility of foreclosure, but
markets are still going down, but you can win
Found at mortgagenewsdaily.com
On June 28, 2006 "Johnston" responded to HUD Pushes Mortgage Lenders to Avoid Foreclosure Loses.
The article was about the FHA Loss Mitigation Program which gives lenders the authority and responsibility to assist homeowners in financial trouble with their home mortgages. HUD/FHA lenders have options in dealing with distressed homeowners to stop foreclosure and HUD has recently pushed them to pursue these including a pre-foreclosure short sale where the borrower sells the property for its appraised value even though this may result in a "short sale."
What, Johnston asked, is a short sale? "I'm familiar with the term in stocks, but not real estate or mortgages."
Stocks are sold short when an investor sells securities that he does not own in anticipation that the price will plummet so that he can buy the stock back at a lower price and "cover" the sale. A short sale in the mortgage world amounts to an accommodation on the part of the lender in hopes of avoiding or mitigating an impending loss.
Let's say that, during a short-lived housing boom, Joe buys a real estate investment property in Arizona for $150,000. He puts down $30,000 and takes a $120,000 mortgage loan from Sunburn Bank and Trust (SBT) and, immediately after closing, a second mortgage loan for $10,000 from his credit union to make improvements to the property. He rents the property out for a year or two, nicely covering his mortgage payments then, just as he is about to sell and take his profit, the local economy hits the wall. First Joe has trouble renting the property for enough to cover his mortgage payments and then loses his own job, runs through his savings, and begins to fall behind both on his home mortgage and the first and second mortgages on the investment property.
The banks are calling him weekly but Joe claims he can do nothing. His unemployment insurance is gone, both houses are for sale with no takers, and his last tenant left owing two months rent after virtually trashing the place.
SBT hires an appraiser to inspect the investment property and he reports that it appears to be in bad shape and probably not worth anywhere near the $120,000 that Joe owes the bank. The bank's loss mitigation specialist estimates that a non-judicial foreclosure will cost about $4,000 and there are property taxes due in the amount of $800. The appraiser estimated repairs in the amount of $5,000. With the second mortgage still outstanding, the bank is looking at a substantial loss.
The bank has several options.
Foreclosure is the most obvious recourse. While it seems unlikely that the bank can sell the house at auction for enough to cover the mortgage amount and legal fees, foreclosure would at least wipe out the second mortgage.
If there is a shortfall following foreclosure the bank could seek a judgment against Joe for the balance owed. It looks, however, that he might be the proverbial turnip out of which one cannot extract blood.
A workout or restructure of the loan also looks futile. Joe is clearly underwater so it is unlikely that he would be able to pay any restructured amount that the bank might propose.
The bank could accept a Deed-in-Lieu-of-Foreclosure in which Joe would sign over all rights to the house. The bank, in return, might promise to forgive Joe the balance of the debt owed. This, however, still leaves the bank faced with the outstanding tax bill, some legal fees, and the second mortgage.
Or they could search (or encourage Joe to search) for a private party who would buy the property possibly even before foreclosure begins.
Joe has had the property on the market for some time so apparently the amount needed to pay off the first and second mortgagees and the back taxes (and possibly a real estate commission) is more than the market will bear.
It looks like everyone in this deal, except for the city which will collect its taxes no matter what, is going to get burned.
And that is where a real estate short sale comes in.
We have painted an unusually complicated scenario in order to demonstrate some alternatives that might take place.
Let's say that Joe's friend Carl has had his eye on the investment property and is willing to pay $115,000, even in the current depressed market. He approaches Joe with this offer.
Joe has already given up on the idea of recouping his original $30,000 investment and just wants to get out with his credit history somewhat intact and without the possibility of a summary judgment against him for any shortfalls on the payoff to first and second mortgagees.
The $115,000 offer that Joe presents to Sunburn B&T looks like the answer to both their dreams. Granted, the bank is owed around $120,000 on the original loan along with several months' unpaid interest and some appraisal and collections expenses, but it is still facing $4,000 in legal fees and, if the property does not sell at auction, a second mortgage (which may have to be paid off immediately after the new deed is filed) $800 in property taxes, and untold future expenses managing and marketing the property and making needed repairs to keep the property from deteriorating any further.
The bank might be delighted to take the $115,000 offer but there are still the issues of the second mortgage and the tax bill. Carl will have to pay the taxes before closing on the house so the big problem is the second mortgage. Carl however, can negotiate that just as he has the first mortgagee. SB&T will probably encourage Carl to approach the credit union with a nominal offer to release its second mortgage and might even offer to reduce its payoff a thousand or two to assist in the negotiation. The CU is not in a position to argue as a foreclosure by SB&T will wipe out their lien position although a deed transfer in lieu of foreclosure would put them in the catbird seat. Any pre-emptive strike by the CU to foreclose would force them to pay off Sunburn's senior $120,000 mortgage to recoup its $10,000 second - not a smart move to explain to your shareholders.
Both lenders will have to jump through some regulatory hoops to prove that the deal is the best they can do - a formal appraisal of the property, financial statements and possibly an asset search to prove that Joe is in financial extremis - but basically such a real estate short sale can ultimately work to everyone's satisfaction.
So it is possible that Carl will buy the property for $115,000 to $120,000, Joe will walk away a free man with only the remainder of his financial collapse to worry about, and Sunburn Bank and Trust will clear somewhere in the vicinity of $113,000 to $115,000, a loss of only $5,000 - 7,000 to explain to their stockholders and federal regulators.
And that is the story of not one, but two short sales. And, if you see a possible creative real estate investing opportunity here - well good luck to you.
I am selling a investment home that is going to short sale about $70,000 out of 300,000 in Arizona I am trying to find out if the banks will come after me for the short fall after we have agreed on a price or if they will 1099b me forgivance of debt.
Posted By: mike | Sun, 11 Feb 2007 13:24:41 EST
I am a little confused about all this...My 1st mortgage is $200K and my 2nd mortgage is $15K...I cannot afford the payments any longer and cannot sell the house due to damages and the value being less than what I owe. I live in WV. Am I eligible for a short sale or is my only option foreclosure and bankruptcy?
Posted By: Barb | Sat, 10 Feb 2007 09:28:35 EST
With more and more foreclosures are the banks/mortgage companies doing more of these? Can you do it on your own personal home?
Posted By: Gloria | Sun, 21 Jan 2007 11:27:39 EST
In a [real estate] short sale scenario, what prerequites are there to geting a short sale offering, funding the deal, & what is the average length of time to realize or cover the sale with the bank? Is it necesary to have a tax review with my accountant before entering a short sale? Last of all, does an excellent FICO score help a short sale situation of the shorter?
Posted By: EBB | Wed, 27 Dec 2006 02:42:27 EST
I recently fell onto a financial burden after my divorce. I have to use the equity to pay the alimony and now I am overburdened with the house. If is sell the house short - do I then owe the bank? I am not in foreclosure - but do not want to get in that situation and I see that happening if I dont make a change in the future. Any references available for my situation?
Posted By: Sammy | Thu, 7 Dec 2006 12:26:29 EST
How hard is it after a short sale to rent a house? We are in the process of getting started in doing a short sale and want to move out before it is finished, because we don't want to be declined to rent because of credit but what do we tell property managers?
Posted By: pamela | Mon, 27 Nov 2006 13:05:17 EST
Hey Chad. I just read your comment. Check out this book: "Short Sales: The Secrets & Strategies of Pre-Foreclosure Investing" by Randy Lee. It has helped me a lot and we have a group on Yahoo that studies it together and shares ideas and experiences. It's great! You can see it on line at www.Purpose.4T.com. -Posi. PS: Thanks for the great information here too!
Posted By: Posi Quan | Mon, 27 Nov 2006 07:27:19 EST
How long does it take for short sales to get approved?
Posted By: DSD | Fri, 10 Nov 2006 11:30:13 EST
I am trying to get into foreclosures and short sales, i have lined up the financing end of it but still feel like i need to learn more prior to my first purchase. Any suggestions on where i can get good reliable information on the topic.
Posted By: Chad | Tue, 7 Nov 2006 14:38:18 EST
Is a short sale still an option if the foreclosure has taken place?
Posted By: Ellen | Thu, 2 Nov 2006 08:50:14 EST
How can I get referrals from lenders that have clients that want to do a short sale??? Where can I find properties being sold in a short sale?
Posted By: Yolanda | Fri, 27 Oct 2006 13:19:07 EST
What are the disadvantages of doing a short sale? Will I have to file a 1099 and claim it as income? After all is said and done does/will the Lender come after me to pay the remaining balance? Does the Real Estate Agent/Broker profit from the sale? Will I be subject to a higher interest rate on future mortgages? Will future mortgages be harder to obtain? Does doing a short sale affect my credit rating/scores?
Posted By: Leshia | Mon, 25 Sep 2006 19:10:19 EST
I'm interested in this house, owners divorced and walked away. The bank that holds the second is trying to short sale the house. 2 offers have been placed (500k, 550k). I planned to offer a bit more than the offers, but the realtor called and said the lender (countrywide) will not take any less than the appraised amt that just came in (approx 750k). What next? Does it go to auction? I'm confused why the second mortgage company is doing the short sale and not the primary? Suggestions?
Posted By: Scott | Thu, 21 Sep 2006 05:22:59 EST
I am trying to short sell my house and do have a second mortgage, does this mean I am uneligable for a short sell? If not what limitations do I have to over come?
Posted By: coy | Wed, 20 Sep 2006 21:43:13 EST
You know you can just sell the mortgage, this way you don't have to sell the house, or it will not have to go through forclosure.
Posted By: NATRALL | Mon, 28 Aug 2006 08:31:36 EST
If the property is listed and sold by a Realtor on a short sale, under what conditions does the Realtor get paid/not get paid for his services?
Posted By: tim | Thu, 10 Aug 2006 11:20:47 EST
What are the chances that the bank issues a 1099 on the remaining balance and makes you pay taxs on it?
Posted By: virginia | Thu, 10 Aug 2006 09:45:58 EST
I have a home that is worth $560,000.00. 1st is $442,000.00, 2nd/HELOC is $130,000.00. Taxes say $10,000.00. Broker fee $10,000.00. Net $540,000.00. $572,000.00 less $540,000.00 $32,000.00 Short. What will happen? Can it happen? What will the 1st lender take and what will the HELOC lender take? Looking forward to your response!
Posted By: Chris | Thu, 20 Jul 2006 01:07:43 EST
How long does it take a bank to approve a short sale? Location Long Island New York
Posted By: Sue | Fri, 14 Jul 2006 13:14:27 EST
I have just received my real estate license and am wanting to list short sale properties. Where do you suggest I begin, and do you think there is an opportunity for growth here? Any info would be great.
Posted By: Lynn | Thu, 13 Jul 2006 17:31:58 EST
As an investor what are the different options that one does have besides approaching the subject propertys owners about a short sale? How does one come into contact with lenders about short sale offers after foreclosure and prior to being placed onto the open market? Once on the open market or in a realestate firms control is a short sale still an option?
Posted By: Tommy | Mon, 3 Jul 2006 17:26:23 EST
I purchased a new home in February, with a first loan of 80% and a second loan of 20%. I listed my old home with the plan of paying my second loan as soon as the old home sold. This home has been listed for over six months and has not sold and the price has been reduced substantially. I have been paying for mortgages on both homes. I am using my savings and I cannot afford to keep paying both. I cannot afford my new home without paying my second loan. Can I short sell it?
Posted By: Amy | Sun, 18 Jun 2006 14:01:57 EST
I have put an offer in on a home that is a short sale. It took months to get a preliminary acceptance from Wells Fargo, but they said it doesn't have final approval yet. We are 2 weeks from closing and no one from Wells Fargo will call me or my agent back. Any suggestions to get an answer, so I know if my family has a home?
Posted By: lisa | Tue, 6 Jun 2006 20:41:57 EST
Short sale question. The banks approved the 1st & 2nd mortgage. What are the chances of Freddie Mac also approving it? How long does it take to close once Freddie Mac has approved it? How common is it for the banks to hold a deficiency judgment against the seller/homeowner? Any info would be greatly appreciated!!!!
Posted By: Connor P | Thu, 25 May 2006 01:09:36 EST
I've purchased homestudy type training materials from Nouveau Riche. It's been a very good introduction to RE investing. Highly recommend it!
Posted By: jpwind | Tue, 23 May 2006 13:53:57 EST
I want to learn the mechanics of doing short sales an investor. Where do you suggest I start?
Posted By: Roger | Mon, 15 May 2006 12:29:23 EST
How do you go about finding/attracting pre-foreclosure short buyers? And what about lease/rent back of the same property?
Posted By: CJ | Sun, 30 Apr 2006 14:38:00 EST
Is there a list of lenders know to accept short payoffs, as well as a list of lenders known not to accept short pays? Thanks.
Posted By: prisch | Fri, 28 Apr 2006 17:47:39 EST
Hello, I am interested in purchasing foreclosures for investment reasons. I have been warned of second mortgages being what is foreclosed, not the original mortgage. How can I tell which mortgage is being foreclosed? Thanks.
Posted By: stan | Wed, 19 Apr 2006 17:40:45 EST
Three years ago, my husband and I relocated due to his changing jobs. After trying to sell our house for about a year, we opted to do a short sale. We closed on the short sale a little more than 2 years ago. We are now applying for a mortgage. Will this short sale prevent us from obtaining approval? We spoke with a HUD counselor before the short sale who said that it won't, but we would just get a higher interest rate. We are just a little nervous.
Posted By: Kasey | Mon, 10 Apr 2006 15:46:51 EST
We submitted an offer for a property where the seller is in a short sale situation. The mortgage company has not responded to our offer and it has been at least six weeks since submitting with no answer as to whether our bid will or won't be accepted. The agent representing the seller tells our agent that the loss mitigation dept. is busy or that they have requested financials of the seller. Is this process usual or is the seller and his agent up to something? Please help!
Posted By: DeeCee | Thu, 6 Apr 2006 10:39:24 EST
My mother owes $38,000 for her house. She is 64, I paid for 4 months of back mortgage payments. Can she short sale the property to a relative? What amount is a reasonable offer for $38,000.00 owed? Foreclosure action was started 2 days ago, she must now direct all inquiries to the foreclosure attorney. Should I contact a realtor as a potential short buy buyer? Will my mother receive a 1099-C for cancellation of debt and have to claim this as income?
Posted By: Cheryl | Tue, 14 Mar 2006 20:30:15 EST
Can a proprty be bought thru a short sale while the owner is in foreclosure? If so does the lender obtain a stay of relief in order to sale the property to potential purchaser? And, how is the second mortgage and back taxes handled? Is it possible that a tax sale can pre-emptpreclude everything and if so what is your best advice for going after the property as a potential buyer?
Posted By: joan | Sat, 25 Feb 2006 13:38:36 EST
Will the seller receive a 1099C for cancellation of debt and have to claim this as income? How long does it take to receive such a statement? My daughter received $54,000 from the sale and the fair market value is $63,000. She is repaying $9,000 in equal payments over the next 5 years. However, she owes another $22,000 to the bank. Do they truly walk away from that much debt or is this going to come back to bite her later on? I would like her to be prepared in the event this happens.
Posted By: Debbie | Mon, 13 Feb 2006 07:19:42 EST
We bought our first home 3 months before my husband was laid off and relocated to another state. The house was on the market for about a year. We did a short sale and the difference between what we owed and what it was sold for was $22,477 and the fair market value is 69,000. Do we have to count the difference as income on our taxes even though we didn't get any money. Do we fall into any exceptions like hardship or abondment?
Posted By: Jennifer | Wed, 25 Jan 2006 00:50:05 EST
First mortage is $55,000. 2nd mortgage is $87,000. I own 2nd mortage but not first. Homeowner can make payments on 1st but stops paying on 2nd. Can I foreclose? Should I foreclose? Home in AZ. Thanks, Rich
Posted By: Rich Stell | Sun, 15 Jan 2006 13:00:56 EST
My mother owes $115,000 for her house. She is 70 and her social security does not cover the pymt. My brothers have paid for the house the last 3 months. Several realtors estimate the property at $70,000-80,000. Recently, we applied for special forbearance. Can she short sale the property to a relative? What amount is a reasonable offer for $115,000 owed? Does a foreclosure come before a shortsale?
Posted By: Ed | Fri, 6 Jan 2006 10:41:08 EST
I am currently in the process of closing on a house. We have been waiting for 3 months to close. We are waiting on the short sale paperwork from the seller's lender (Wells Fargo). Is there any reason why this is taking so long? Is this normal. We can not get answer from anyone.
Posted By: Jessica | Mon, 19 Dec 2005 15:00:20 EST
a friend negotiated a short sale lst year with a major ban. the seller (who was in pre-foreclosure) has now been approached by the lender who accepted the short sale, to pay the deficit...i've never heard of this. i thought the short sale constituted a fogiveness. help!
Posted By: chris kunkel | Tue, 13 Dec 2005 16:06:58 EST
What happens when you have 2 mtgs & have filed bankruptcy? We kept the house & are current on pymts but we have now lost our jobs & can't continue to make the pymts? The amt owed is higher than we can sell the house for. We looked at doing a short sale. The mtg companies said they would send us paperwork to start but we are worried that they will try to come back to us to pay the difference. Can that be done if the house was included in bankrupcty?? Please share your knowledge. Thanks!
Posted By: Michelle | Sat, 15 Oct 2005 02:49:52 EST
Question: In regard to your Joe short sale example, what are the tax ramnifications to Joe? Is Joe going to receive a Cancellation of Debt 1099-C for the difference between what he still owed Sunburn B&T and the Credit Union in principle and what Carl paid for it? Please advise and expand upon tax issues and consequeces of short sales for the Seller.
Posted By: Terry | Thu, 22 Sep 2005 11:19:20 EST
Here is the situation: Home was purchased less than a year ago. The seller has not moved out yet. An eviction notice has been issued to the seller. Obviously the homeowner (Buyer) hasn't moved into the property yet. Will this affect the ability of the homeowner to do a short sale?
Posted By: Paul | Mon, 12 Sep 2005 13:19:41 EST
Here is the situation: Home is framed in and starting to deteriate because the owner has not the funds to complete the value as it sits is 200,000.there is a 268,000 1st mortgage 30,000 second, 90,000.00 in leins. How do I aproach the 1st mortgage holder and how much can I expect to pay? what are my risks in buying the 1st mortgage? The builder has several projects in similar conditoin.
Posted By: email@example.com | Sat, 13 Aug 2005 14:29:53 EST
I see an investment opportunity because a short sale offer that nets a minimum of 82% of the appraised value could be approvable under HUDs guidelines. Let say, the property appraises for $200,000. If the buyer makes an offer at a sale price of $170,000, keep costs to minimum so the offer nets nets $164,000, he could buy the property. Thus, our buyer starts off ahead $30,000 in equity.
Posted By: Jim | Thu, 11 Aug 2005 20:38:41 EST
Can the lender reject a short sale offer even though it would be HUDs net requirement? or do they have to accept the HUD net requirement?
Posted By: Mark | Sat, 23 Jul 2005 20:16:01 EST
Im a Workout Analyst and I just wanted to clearify some qualifications for a short sale. HUD will not look at doing a short sale if the property is not owner occupied. HUD will not always approve a short sale if there is a 2nd mortgage. It is very difficult to do a short sale if the borrower has a 2nd mortgage. HUD also does not like to hear that an investor is purchasing the home, that is not what the program is for, but they never turn down a short sale because of that reason.
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