Short Sales are a very unique type of transaction.  There are silver linings to this type of transaction, but there are also drawbacks.
I feel very strongly that clients should consult with a good real estate attorney and a CPA prior stepping into the arena, but here are some
bullet points to consider:

Positive Elements of Short Sales:

* From a psychological standpoint,  the seller will retain some sense of dignity knowing that they were able to sell their home..
* You won’t suffer the social stigma of becoming part of the “F” word club.
* No mortgage payments to make…the reality is that it is very rare for a short sale to be successful if you are current.
* Your eligibility to purchase a home will be 2 years instead of 5 years according to the guidelines set by Fannie Mae.
* If you are able to effect a short sale transaction without becoming delinquent, under Fannie Mae guidelines you can purchase immediately.

Negative Elements of Short Sales:

* When you apply for a short sale, the bank will want all of your personal financial information.
* You must be able to justify a hardship.
* Waiting for the response from the bank can be time consuming and frustrating.
* There is no guarantee that the bank will accept your short sale transaction.
* Due to the nature of the short sale, it may take longer for you to have “emotional closure”.
* Derogatory aspects will sty on your credit for up to 7 years.

Understanding the basic concepts of short sales can be empowering.  This does not replace proper legal or tax representation.  Proper representation is imperative, and so important going forward…an empowering event in of itself.

Our current economic state driven by the housing market implosion has created numerous challenges for homeowners and borrowers.  What do we do?  Do we hold on?  Do we do a short sale?  Do we go the route of foreclosure?  What really makes sense?  Over the next few posts, I am going to give you different strategies and thought processes to  consider. I am not  an attorney or a CPA.  This is not legal or accounting advice.  It is purely thoughts and concepts to consider.  Each of us has a different situation.  Each of us has different financial challenges that we must face going forward.  I cannot stress this next statement enough.  Before you make any decisions regarding your real estate positions…seek the counsel of a qualified real estate or asset protection attorney, as well as that of a qualified tax professional.  They can give you the necessary advice to help shield you as you  navigate through the minefield of considering short sales or foreclosure.

Facing a foreclosure can be one of the most stressful times in your life.  The idea that you might lose your home can be devastating and surreal.  While you may not know what to do, there can be some positive aspects to foreclosure.  Consider this…

1.] Once you realize that your house is going into foreclosure, you can start saving money as there is no need to continue making those high mortgage payments.

2.] One overlooked benefit of foreclosure is that it can give you leverage when dealing with your lender.  You have wanted a lower payment for a long time.  The lender does not want to lose that loan to foreclosure.  When you become delinquent on your loan, you may be able to re-negotiate or modify your loan.  In Nevada, we have a process through the law called mediation.  It stops the foreclosure process until options can be considered and negotiated, whether it is loan modification, a short sale, or a foreclosure.

3.] Foreclosing on a home closes a chapter of your life and you have the opportunity to start a new one.  Quite simply, you remove a large burden from your life…it gives you a chance to make a fresh start…a new beginning.

4.] Lesson learned.  If you treat the foreclosure as a learning process, you can come away with some valuable lessons learned…Maybe you made some poor decisions.  View them as an education.  If you step back and analyze the situation, learn from it and move on…this is true empowerment.  You take those lessons learned and apply to your life going forward.  You will arise from this challenge a better and stronger person with a brighter future.  You will be able to make better choices, financially, going forward.

This is empowering!

We live in a foreclosure bubble right now. Suddenly everyone is an REO (Real Estate Owned) or Short Sale expert. The sad reality is that many individuals such as real estate agents, as well as some attorneys and CPA’s, do not really understand the in’s and out’s of Short Sales & Foreclosures to the point of giving out information that is not only incorrect but dangerous. I have included some bullet points that can shed some light on differences between Short Sales & Foreclosures…

1.] Current Employment

Foreclosure; employers can and do check credit…may create challenges.
Short Sale; not reported on credit report…would not create an employment challenge (However, late payments are reported & may provide challenges).

2.] Future Employment…
Foreclosure; creates challenges as it is highly detrimental. Employers often require a credit check on job applications.
Short Sale; not reported on a credit check and is not a challenge.

3.] Security Clearance…
Foreclosure; Those working in sensitive areas such as police, military, CIA, or any job that requires a high security clearance will almost certainly be transferred or terminated out of that position.
Short Sale; typically, does not create a security clearance issue.

4.] Deficiency Judgment…
Foreclosure; no negotiating with the lender…lender has the right to pursue a deficiency judgment in Nevada.
Short Sale; it may be possible to convince the lender to give up its right to pursue a deficiency judgment against the borrower.

5.] Deficiency Amounts…
Foreclosure; house sits vacant, goes through BPO and auction process…in a declining market values may decrease which can create a higher deficiency.
Short Sale; Typically, the homeowner stays in the home, so property remains in better condition. House is often sold sooner at a higher market value, resulting in a lower deficiency.

6.] Fannie Mae Loans (effective 5/21/2008)…
Foreclosure; homeowners who lose their home to Foreclosure are ineligible for a Fannie Mae loan for 5 years.
Short Sale; homeowners who negotiate and close a Short Sale will be eligible for a Fannie Mae loan in 2 years.

7.] Investor Loans…
Foreclosure; investors who lose a property to Foreclosure are ineligible for a Fannie Mae loan for 7 years
Short Sale; investors who negotiate and close a Short Sale will be eligible for a Fannie Mae loan in 2 years.

8.] Mortgage Loans…
Foreclosure; borrowers who lost a property to Foreclosure will have to disclose this on a 1003 loan application. This could and will affect the interest rate.
Short Sale; no similar question or declaration on the 1003 applications in regards to a Short Sale.

9.] FICO Score…
Foreclosure; FICO scores will drop anywhere from 200-300 points. A Foreclosure will remain on the credit report and as a matter of public record for 10 years.
Short Sale; not reported on the credit history. They are typically reported as “paid in full, settled”…still a derogatory, but not as damaging.

Short Selling Your Home; What is Needed…What is Required?…

Engaging Your Real Estate Professional…

1.] Are they “Short Sale Certified”?
2.] Do they have a Real Estate Team?
3.] Short Sale Package.
A.] Financial statement showing income & expenses.
B.] Last 2 years tax returns.
C.] Last 2 months bank statements.
D.] Last 2 pay stubbs.
E.] Hardship letter.
F.] Letter of Authorization giving the RE agent authority to speak to lender.
G.] Very important to have every page copied and prepared.

Department of Treasury; Guideline Changes as of 11/30/2009 that will apply to the Home Affordable Modification Program (HAMP) and the Home Affordable Foreclosure Alternatives (HAFA) which is part of HAMP.

1.] Streamline the approach by utilizing uniform guidelines

2.] Provide a venue where;
A.] Loan modification is attempted first under timed constraints.
B.] If borrower does not qualify for a loan modification or fails the trial period, the property will be recommended for Short Sale.
C.] Loans that will qualify under this program;
*] Property is borrower’s principal residence.
*] Mortgage is first lien mortgage originated on or before 1/1/2009.
*] Mortgage is delinquent or default is foreseeable.
*] Current unpaid balance is <$729,750.00 on a single family residence (SFR).
*] Borrower’s total monthly mortgage payment exceeds 31% of borrower’s gross monthly income.

3.]If the lender accepts the Short Sale, according to the guidelines…there will be no recourse.

Important Website for More Information:
www.IRS.gov and click on the Mortgage Debt Relief Act of 2007.
www.HUD.gov and click on Avoiding Foreclosure page.
www.MakingHomeAffordable.gov for more information on President Obama’s plan
www.Freddiemac.com/avoidforeclosure

**Importance of good Legal & Tax Advice**  This element I cannot stress enough…totally empowering.  Prior to going forward with a  Short Sale or allowing you real estate to be Foreclosed upon, this is one of the smartest and most empowering things you can do to insulate yourself from further disaster.  Know your rights!