Short Sale Frequently
Asked Questions
A
Short Sale is the sale of a home when sales proceeds does not
fully pay off the existing loan and the lender accepts a
discounted payoff to fully satisfy the loan.
This occurs only when a home seller qualifies for a short
sale through proving a hardship, and the lender agrees to this
lower payoff amount.
Is
it to my advantage to do a short sale?
A
foreclosure can impact your credit far more,
especially in the long term. In addition, in the event of a
foreclosure, in many states the lender will seek a deficiency judgment
in the amount you owe. They could even come after other
properties and assets of yours, including vehicles. Your
credit could recover from a short sale in less than two years,
where as a foreclosure or bankruptcy can take 7-10 years.
Can GC Investments, Inc. help
me with a short sale?
We
are short sale specialist. That is all we do.
We help homeowners by working with your lender to
negotiate a lower payoff amount in order to price your home
below competition and get it sold. Our agents will
also aggressively market your home to attract buyers and oversee
the entire sales process of your home. These services are
at no cost to homeowners. Only the best and most
experienced associates are able to stay in our network.
Anywhere
in the United States, our network is nationwide!
Click Here To
Contact Us or call
(253) 632-3200
Click
Here for a lender short sale package
and list of required documents.
What
are the qualifications for a Short Sale?
Mainly that
you are in some type of "financial hardship".
so long as the hardship is real and the mortgage company
believes the loan is likely to become delinquent as a result,
the Short Sale request will be processed by the Loss Mitigation
Department. A big key to getting Loss Mitigation to accept a
hardship is to submit a strong hardship letter. The hardship
letter sets the tone for the entire file.
Below
you will find a list of “hardships” that are common and
frequently accepted by mortgage lenders.
- Family
illness or injury
- Illness
or injury in the extended family – particularly if it
forces relocation
- Job
relocation when the property is equity deficient
- Job
loss or significant income loss
- Divorce
or split of domestic partners
- Adjustment
in mortgage payment or unforeseen increase in living
expenses
You must be
able to prove your inability to
pay.
I
am current on my mortgage. Can I still do a Short Sale?
The
answer is, maybe.
Some lenders will accept a Short Sale file for approval on loans
that are not delinquent. Other lenders will not accept the file
until the loan is delinquent. We can put your Short Sale file
together within a couple days and submit it for approval.
(Remember, there is no charge for this). That is the best way to
determine if your lender will accept a file for approval on a
loan that is current.
Do
lenders approve all Short
Sales?
In
a word, NO. That is why it is critical to work with someone that
has extensive experience at getting Short Sales approved. From
the presentation of the Short Sale package to the lender to
working with the lenders Loss Mitigations Department, we know
how to keep the file moving towards approval.
I
have two loans. Can I still do a Short
Sale?
Yes.
We can work with both lenders (many times the same lender hold
the 1st and the 2nd loans) to put together a Short Sale
transaction. Even if the value of your home is below the balance
of the 1st mortgage, we can normally get the two lenders to
cooperate. In the end, neither lender wants to own another home
through foreclosure.
My
property is in rough shape and needs work. Can I still do a Short
Sale?
Absolutely.
In fact, lenders are more motivated to do a Short Sale on a
property that needs work than on a property that doesn’t. The
lender knows the risk of loss goes up when they foreclose on a
property that needs lots of work. Aside from expense of
completing the work, lenders are simply not set up to get the
work done. They are in the loan business, not the fix- it
business.
What
if my home is worth more than my loans, but I could not pay
the closing costs?
There
can still be a short sale. Many homeowners in the
country have avoided adjusting the price of their home to current
market value in a desperate attempt to receive enough money
back to pay off their loan balances. If this is you, you
are just delaying the inevitable, as home values continue
to fall across the country.
If
I short sale my home, can the bank come back after me for the
money?
Not
in most cases, but it is a possibility. We will work to get
a full release for you at closing. This release will fully
forgive any deficiency between the amount you owe, and the
proceeds from the sale of the home. In the cases the bank
will not forgive a deficiency, you should consult an accountant
regarding tax ramifications, especially if it is an investment
property. Use the IRS
4681 Insolvency form when filing taxes.
What
happens to the money that is forgiven from my lender?
Any
balance shortfall on your mortgage will likely be written off as
a loss by your lender. Your lender may send you a "1099" for any amount forgiven you.
Due to the
Mortgage
Debt Relief Act of 2007,
you are NOT required to pay taxes on this money if you short
sale your primary residence prior to 2012. In the cases the bank
will not forgive a deficiency, you should consult an accountant
regarding tax ramifications, especially if it is an investment
property. Use the IRS
4681 Insolvency form when filing taxes.
Who
will pay the Realtor commission?
The
lender does. We negotiate with the lender to pay a regular Real Estate Brokerage fee,
just like a home seller would in a traditional transaction, and
just like they would if they foreclosed on your home.
Again, you pay $0 out of pocket, period.
How
much work will this take on my part?
Not much.
You will need to gather certain financial information and
forms for us to present to your lender. Our agents will
handle the negotiations and details with your bank as well as
the process involved in selling your house. View our
Get Started page for more details.
If
I am going through foreclosure, can I do a short sale?
YES.
Banks are more than happy to work
with you on a short sale. It is to the banks and your
advantage to work out a short sale if you are in financial
hardship. The foreclosure process costs the lender an
average of $59,000!
Can
I stay in my house until the short sale is completed?
YES. You will not
have to more out until the closing. In fact, if you are
facing foreclosure and we are actively working with you bank, we
can typically get your lender to delay the foreclosure
proceedings and make it possible for you to stay in the home for
some time.
Will
the bank continue their collection activities?
Yes,
the bank will continue its collection activities. That may
mean they will call you or send you letters looking for a
payment even if you are currently pursuing a short
sale. But, most banks will not foreclose on your
home if you are actively working on the short sale.
What
if the terms of the short sale the bank gives me are
unfavorable?
If
the terms of the short sale are not in your best interest you
are not required to sell the property and complete the short
sale. Do remember though that a short sale will have the
lender forgive you of the debt and is the best option to avoid
foreclosure or bankruptcy and will have the least negative
effect on your credit. If you choose not to do a short
sale the bank will NOT forgive you of the debt and may continue
to pursue you for the outstanding loan balance.
Are
there any dangers to be aware of when working a Short Sale?
Be careful of "scam
artists or shady individuals if you are in financial
hardship or facing foreclosure! These sharks can cause
more harm than good. Never sign a quit claim deed, power
of attorney or a $10 option to purchase your home without
consulting an attorney. A good rule of thumb is to
understand that anybody trying to purchase your home will look
out for their own best interests in the transaction, NOT
yours.
Can
my current Realtor work a short sale on my home?
NO,
unfortunately not in many cases. While there are many
agents do negotiate and work short sales, most lack the
knowledge and experience necessary to property execute one.
A short sale is NOT part normal realtor training. The results can be
disastrous! An experienced Short Sale Realtor
knows how to make deals happen, when inexperienced agents make
foreclosures happen. We help guide our agents through the
process to make sure everything is done property and followed
through in a timely manner.
Can
I repair my
credit after a short Sale?
YES!
Call GC
Investments for some recommendations for credit repair
companies.
We
understand this may be a very difficult and stressful time for
you and your family. Our job is to get rid of your
headaches and help make things go as smoothly as possible for
you. We are a nationwide network of Real Estate
professionals who are very experienced in working with home
owners and lenders in this highly specialized process.
Contact
us for more information and a free consultation!
Top
of Page