In today's rapidly changing economy, home owners are faced with new challenges everyday just trying to hold on to their jobs, keep their bills current and of course avoid losing their homes and destroying their credit that will effect them for many years to come. Although markets do seem to repeat themselves as history has show us and do occur in cycles, nobody is for certain just when things do plan on turning themselves around. When faced with difficult challenges financially, it tends to effect us spiritually, mentally and emotionally all which can result in negative side effects that affect no only you, but your family, friends and loved ones. Knowing where to turn for guidance and help through these times is certainly crucial and by facing our challenges head on instead of avoiding them; it not only makes us stronger and more wise; it will improve the lives of those around you that care about you and depend on you as well. In fact, it also can improve the lives of your neighbors and surrounding communities.

Lately we have been successfully negotiating and working more and more short sales for those that are truly in need of them, however we also know that many of you have been inquiring about short sale possibilities on your own homes and it is apparent that there is alot of confusion out there regarding short sales.

If I would sum all of this up, even to agents out there I would say that the process of consulting homeowners and sucessfully negotiating short sales is purely an art form and not a science! Each homeowner and their situation is unique as well as each bank’s own policies and procedures are different and unique so there is no universal system that can break all of this down, but there are certainly ways to help minimize the confusion and erroneous beliefs.

You the seller are faced with a tough position, first you must understand what your rights and know what options are available to you.

  1. Refiance (If current, take advantage of current low rates to decrease mo. pmt)
  2. Sell and Bring Cash to closing (Liquid assets brought to bring up balance due)
  3. Lender Workout (Loan modification, Forbearance, Reinstatements, Repayments)
  4. Short Sale (Bank will accept a pay off less than owed to avoid foreclosure)
  5. Investor Exchange (Lease Options, wraps and qualifying and un-qualifying assumptions)
  6. Bankruptcy (If you desire to stay in the house, contact legal counsel for protection)
  7. Deed in lieu of foreclosure (just trade over property to lender to cancel out the note)
  8. Foreclosure (Bank takes over possession and attempts sale on courthouse steps)
  9. Walk-away and Do Nothing

So many times I have agents come to me and tell me that their client would like to pursue a short sale because they don’t have any equity in the house and are being relocated. Unless they are also not making their monthly payments (either full or short pays) at that time they would probably not qualify for a short sale. There MUST be a qualifying hardship present which includes but not certainly limited to:

  • Job Loss
  • Business Failure
  • Illness and Medical Costs
  • Divorce or death of spouse
  • Natural Disasters

A bank will not desire to perform or be in need of loss mitigation unless they do have a note that is “non-performing” or delinquent. Of course, a Realtor can never advise you to actually “fall-behind” on your mortgage to qualify, but if you do have recourse concerns or questions; it’s always advised to seek advice from a finance, tax and legal professional. The U.S. Foreclosure Network can be a possible source to locate attorneys who specialize in bankruptcy and foreclosure that may help on little or no fees.

There are some other major requirements that would qualify a seller for a short sale such as sufficient time left before foreclosure date, amounts owed and to the number of liens currently on the property, condition of the property and the willingness of the homeowner to do all that is required of them before and during the process. .

One last soap box comment from me and my opinion is that if you are truly in need of some help and guidance, why on earth just call up some “jo-blow” Realtor or any other real estate agent that has little to no experience in not only short sales, but experience in guiding distressed and desperate sellers to getting the right help? There is many resources out there for help available and since everyone’s situation is different, we are always happy to offer a free counsultation to you to see if we can help point you in the right direction.

In the meantime, here are some more very helpful links that will be a great benefit to you: