Short sales are complicated. With all the variables that need to be juggled, it’s easy to make mistakes that end up derailing a transaction. Here are the most common reasons that short sales fail.
1) Failure to understand and justify market value.
Setting a price for a short sale is the delicate art of balancing what a buyer will pay and what the lender will approve. It’s important to understand how the lender values a property. The bank will commonly hire an appraiser or BPO broker to set a value after you submit an offer. If you have set the price too low, the lender will not approve the offer. Everyone loses. The buyer has been given an unrealistic expectation of what they should pay, so usually is not willing or able to offer much more. More importantly, your client’s clock is ticking. They have a certain deadline to do a short sale and avoid foreclosure, and you have squandered valuable time on a deal that was never going to go through. (If you think the value the bank set is unreasonable, this Ask the Expert article explains how to dispute lender valuations.)
2) Not knowing the specific lender’s short sale process.
On average, the bank’s short sale negotiator has over 1,000 short sale transactions that they are processing at any given time. And each lender’s process is different. If you don’t follow the lender’s specific process or there is an error in the paperwork or you’re missing a form, it all comes to a halt. Your file gets set aside until the issues can be resolved. And unless you call, it can be weeks before you are even aware that there is a problem. (We have a dedicated staff that follows up with lenders daily to make sure the process is moving forward.)The short sale transaction that closes, and closes quickly, is the one where everything is done right the first time.
3) No system to monitor the short sale process.
Because a short sale has so many more variables than a traditional real estate transaction, one of the most important jobs the listing broker has is making sure everyone involved has all the information they need to make their part of the deal happen. We have a private password-protected online system that lets all parties see what’s happening with a transaction at any time – 24 hours a day, 7 days a week. This helps everyone involved track deadlines and ensure that no details fall through the cracks. It’s also important for you to build a team of professionals who are highly experienced in short sales. For example, we work with title and escrow agents who understand the additional documentation and complex issues that are specifically related to short sales.
Richard is a Windermere broker in Bellevue, WA and co-founder of Washington Property Solutions, a short sales negotiating company. Since 2003 he has helped more than 700 homeowners sell their homes. A Bellevue native and a University of Washington grad, Richard is an avid sports fan and a devoted Little League and basketball coach. You can learn more about Richard here or at www.washortsales.com.
If you are unable to make your mortgage payments, you may be considering what to do next. One option is a short sale. Another option is foreclosure. There are many benefits to choosing a short sale over foreclosure.
Before you make a decision, make sure you know the facts. Our partner, Lambros Politis, Lead Counsel and debt settlement specialist at Ark Law Group, points out six powerful reasons to consider a short sale instead of foreclosure:
Selling your home can be a tough choice. It’s an emotion-packed decision that affects your whole family. Often homeowners feel that selling short is a catastrophe – even when it’s almost impossible to make their mortgage payments.
A short sale can be the first step to a financial freedom. The relief from getting out from under an unaffordable mortgage can be exhilarating. It really is the beginning of a new life.
Foreclosure is a far worse alternative to a short sale. If you keep hoping something will change – you’ll get a windfall or a huge raise – and it doesn’t happen, at some point you’ll have to stop paying your mortgage. When you go into default, your bank will foreclose. And that’s very bad news.
If your mortgage payments are too much for you to handle and you’re at risk of losing your home, I want you to consider these reasons for choosing a short sale.
1.In a short sale, all debts will be settled or re-negotiated.
With a foreclosure, your home will almost certainly sell for less than what you owe. Your mortgage lender then might have the right to sue you for the rest of the debt or garnish your wages to get the money you still owe. The nightmare isn’t always over just because you lost your property.
Washington State allows non-judicial foreclosure on a lien. If your lender chooses non-judicial foreclosure, they can’t collect any remaining balance from you after they auction off your home. However, if you have other liens against your property – a second mortgage, a HELOC, or other debts secured by your home – those lenders still have the right to sue you, garnish your income or take money out of your bank account.
With a short sale, we will work with your mortgage holder to get a deficiency waiver, so the balance of your debt is forgiven. We will also work with any other lender to remove their lien from the property. This has to happen or the short sale can’t proceed. Our negotiator will also try to get a better deal for you, if the lender won’t forgive the debt – such as a reduced payment plan.
As a rule, we’re able to get full settlements for 90% to 95% of our clients while negotiating a short sale.
2.Foreclosure has a bigger impact on your credit than a short sale.
If you stop making payments on your home, that’s a big deal to lenders. That’s why a foreclosure is noted in your credit report for seven years. Even if you recover financially, have a down payment saved and great income, you’re very unlikely to be able to buy a new home for at least a few years.
A short sale is also kept in your credit record for seven years – and will also lower your credit score. Following a short sale, the waiting period before you can qualify for a Fannie Mae or Freddie Mac loan is much shorter than if you go through foreclosure. And without delinquent payments, your credit score will be higher. If you’re hoping to get an FHA loan, you may qualify for consideration even sooner.
3.Foreclosure is public information.
There is some stigma to foreclosure. If the bank plans to auction off your home, they’ll put notices on your door and in your yard. Your neighbors will know you aren’t able to make your mortgage payments.
From the outside, a short sale looks like any other real estate transaction. No one needs to know. You’re in good company. As recently as March 2015, 10% of all home sales were short sales.
4.With a short sale, you may qualify for generous government cash incentives to help with relocation.
If you meet HAFA (Home Affordable Foreclosure Alternatives) requirements you may get up to $10,000 when your short sale closes. While it’s called “relocation assistance,” you can use the money for anything. To qualify, you need to be using this home as your primary residence.
Even if you don’t qualify for HAFA relocation assistance, you have other options. If you have a Fannie Mae loan, you may qualify for up to $3,000 in assistance at closing. FHA and VA lenders may offer $1,500.
Not all lenders participate in these programs. We find that our clients get this assistance in about 70% of the sales we help with.
5.You don’t have to go it alone.
When you work with a team of professionals, you know that you have smart people on your side, working to get you everything you’re eligible for. You don’t have to talk to your lender yourself – we’ll take care of it. Nothing falls through the cracks. You don’t have to be the expert. All your questions are answered.
In the end, it’s always better to know you did everything possible to get the best outcome.
6.After a short sale, you can start fresh.
This is what people tell me is the biggest benefit of a short sale. It comes back to what I said at the beginning. A foreclosure only gets rid of your mortgage payment. Other lenders will still need to be paid.
We work very hard to resolve ALL your debts when we negotiate your short sale. You can let go of that stress and move forward with the rest of your life.
Richard Eastern is a Windermere broker in Bellevue, WA and co-founder of Washington Property Solutions, a short sales negotiating company. Since 2003 he has helped more than 900 homeowners sell their homes. A Bellevue native and a University of Washington grad, Richard is an avid sports fan and a devoted Little League and basketball coach. You can learn more about Richard here or at www.washortsales.com.