Understanding Short Sales

We recently added a new feature to our website that allows our clients to search for "Hot Deals" which includes properties which will be a "short sale" at time of closing. What exactly is a short sale? The seller is "short" on monies to payoff the mortgage as well as closing costs.

In a “normal” sale, the seller has money left over after paying closing costs, proration of taxes, liens and the outstanding balance of any loans/mortgages against the property. This money is known as “net equity”. Unfortunately, there are a growing number of sellers who, due to a variety of reasons, find that they owe more on the property than it is currently worth. They are “upside down” or have “negative” equity.

There are two ways to handle “negative” equity. First, if the seller had the funds available, he could pay off the negative equity by bringing money to closing. This way the lender gets paid in full and there are no adverse consequences to the seller’s credit rating. The second way is with a “short sale”. The assumption here is that the seller does not have the funds to make up the deficiency. It is also often that a seller in this situation has stopped making payments on his mortgage(s) and is suffering from a degraded credit rating because of this. Foreclosure would be the end result, if neither of these options are available.

Foreclosure should be avoided as it is worse than a short sale for the seller and the lender. The short sale closing impacts the seller's credit MUCH LESS than a foreclosure. FNMA guidelines require a minimum of 2 years before one becomes eligible for a mortgage with a short sale on their record. It is 5 years minimum with a foreclosure. For the lenders, selling a property short is better than foreclosure because of time and cost savings.

The technical skill involved in getting a short sale approved by the Seller’s lender starts with knowing which sellers are good candidates for a short sale and which are not. For instance, someone who is simply “upside down” but can otherwise afford to pay the deficiency is not a good candidate. An experienced agent can assess the seller's situation. This is where it becomes necessary to employ a veteran agent - as all the Homeowners Concept agents are. There is technical skill involved in knowing how to price the property, write the contract, and ultimately assemble and deliver a good “package,” providing all the information that the lender will need to make their decision. Each lender has a different “punch-list” of documents that they require. There's definitely more work involved in a short sale but it is good for all: sellers, buyers and lenders.