FREQUENTLY ASKED QUESTIONS
What is a short sale?
A short sale is an agreement with the lender(s) to accept less than
the amount owed by a borrower via a sale of the property to a non-related third party. When a
borrower is faced with a hardship, has fallen behind (or is likely to fall behind) in the mortgage payments and
the home cannot be sold for the amount owed to the lender(s), a short sale agreement may be an
alternative for distressed homeowners. SSA negotiates with the lender(s) to accept a payoff of an amount allowable by the
market conditions. The lender(s) then receive the complete proceeds of the sale and discharges the remaining debt.
Why would a lender agree to accept less than what is owed?
Whether the lender chooses to go through with a foreclosure or agrees to a short sale, they are taking a loss. However, lenders
are not in the business of owning and managing properties; in many cases they would take less of a loss
with a short sale and resolve the matter in a shorter timeframe. A short sale gives the lender the ability
to cut its losses upfront and avoid a potentially greater loss through the expense and time of a
foreclosure; the benefit of working with SSA is that we diligently negotiate to secure an equitable resolution with your lender.
Do I qualify for a short sale?
To qualify for a short sale, you must be able to prove to your lender(s) that you are a victim of
a "hardship" and therefore unable to continue making payments on your mortgage. Qualifying for a short sale is dependent on
individual circumstances. If you answer "yes" to the following questions, you may be a good candidate for a short sale:
- Have you experienced an unforeseen hardship since you obtained financing for your property?
- Do you owe more on your property than the amount your home could sell for in the marketplace today?
- Do you have significant difficulty in making your monthly mortgage payment?
What are some examples of "hardship"?
A hardship situation is one that is the result of some extenuating circumstance
that leaves the borrower unable to afford their mortgage payments. While each situation varies, some frequent examples of hardship include:
- Divorce or Separation
- Health issues or medical bills
- Job Loss or reduction of income
- Death of spouse or wage earner
- Adjustment in Mortgage payments
- Employment relocation
- Failure of Business
The above list is not necessarily inclusive of all circumstances that a lender may consider a hardship.
If you have any questions about a hardship, please feel free to contact us at 877.626.0668.
Typically, how long does a short sale take?
All short sale situations are unique and follow their own timeline, but
a general estimate is 2-4 months. Many variables are associated with the timeframe:
- How quickly an offer is generated and accepted by the seller
- How quickly the lender responds to the offer (dependent on the quantity of other short sales the lender is processing)
- How many lien holders need to provide approval
When should I begin the short sale process?
Time is of the essence; short sale situations tend to be time sensitive and
consuming for negotiations and the sooner SSA is able to begin negotiating, the greater the chances of a successful resolution.
If you foresee trouble in making your monthly mortgage payment, you should begin considering your options. The best time to
begin the short sale process is before you miss your first payment to allow more time for lender approval; there
is no need to wait until the lender sends you a notice of default or initiates formal foreclosure proceedings. If
a Notice of Default has been filed or a Trustee Sale has been set, contact us as soon as possible.
It is not uncommon for a lender to postpone a Trustee Sale when presented with a pending offer.
How do I get started?
Contact us today or speak with your real estate professional to let them know you'd like SSA to negotiate your short sale.
Do I have to move out of my home?
If you lender(s) approves a short sale, you do not need to vacate your home until it closes escrow.
How will a short sale affect my credit?
We are not credit experts and speculation varies greatly as to the impact a short sale will have on a
credit report. In a short sale and foreclosure situation, the
delinquency of the mortgage will likely have a negative impact, but it is generally understood that a foreclosure will have
more serious affects on your credit. Some mortgage and credit experts suggest that a foreclosure may impact a credit score
up to 250 points, while a short sale may result in a reduction of 100 points or less.
What are the tax ramifications of a short sale?
In December 2007 the Mortgage Forgiveness Debt Relief Act was signed into law by President Bush. This law eliminates potential tax liability associated
with a short sale depending on the specifics of your particular situation. On a state level, a taxpayer may or
may not face tax consequences, again depending on individual circumstances. Although we have some resources available here,
SSA is not a tax or legal advisor; a homeowner should seek professional tax and legal advice.
What are the benefits of working with a short sale negotiator?
SSA believes that by working with our local real estate agents, our clients truly have
an advantage to having a successful short sale and fresh start. By negotiating directly with the lender(s), SSA understands
the requirements of various lenders. Additionally, we coordinate between all parties involved (lenders, real estate agents, and escrow personnel) to
guide a short sale from offer to approval and then to close. Our experience in working with short sales is
our greatest asset and we are confident that you will find a personal advantage in working with SSA!
Who pays for the short sale negotiation?
SSA's services are often paid by the real estate professional, however our fees are negotiable between the parties involved. It
is important to note that SSA only receives compensation upon the successful close of a short sale transaction.
Why shouldn't a seller or agent negotiate with a lender directly?
Most Loss Mitigation Departments are understaffed and overloaded with countless cases. Unfortunately, loss mitigators can be very difficult to reach
and when you finally do make contact, you have very little time with which to make your appeal. Furthermore, the
stress of the situation makes it difficult for a homeowner to effectively negotiate their way out of foreclosure.
Short Sale Advantage works as a neutral third-party short sale negotiator; this is truly an advantage when speaking with lenders because we
seek the best outcome for all parties involved. Our experience
and professionalism ensure homeowners, real estate professionals and lenders receive complete satisfaction throughout the short sale process. Additionally, because we
work with countless lenders, we understand how to effectively gather and present the information that lenders require. We have excellent
working relationships with the Loss Mitigation Departments and we leverage our network and expertise to help resolve the current situation.
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