
In today's market and plummeting housing prices, many homeowners with mortgages could very possibly owe the lender more than their home is worth. This is not incredibly detrimental if you can afford your monthly payments. But many mortgagees are experiencing difficulty due to job loss, an adjustable rate mortgage, or rising fuel and food costs. If this is you, it may not be as bleak as it might sound. Negotiating a short sale with the lender could be the solution. This means the seller or the seller's agent sells the home to a buyer at market, or slightly below market value, and the lender agrees to accept the proceeds as payment in full on the mortgage, even though the sales price is less than the existing encumbrances.
The downside is that lenders are not required to negotiate discounted payoffs, and there is no guarantee your lender will let you do a short sale. In addition, lenders typically will not consider this option until the mortgagee (current owner) is months behind on his/her mortgage.
A short sale in real estate can sometimes be a lengthy and complicated transaction.
There are many ways to lose a home, but signing away ownership in a manner that destroys credit, embarrasses the family, and strips an owner of dignity; is one of the hardest. For owners who can no longer afford to keep mortgage payments current, there are alternatives to bankruptcy or foreclosure proceedings. One of those options is called a "short sale."
When lenders agree to do a short sale in real estate, it means the lender is accepting less than the total amount due. Not all lenders will accept short sales or discounted payoffs, especially if it would make more financial sense to foreclose; moreover, not all sellers nor all properties qualify for short sales.
If you are considering a short sale, there could be drawbacks. For your protection, I suggest that all borrowers:
• Obtain advice from a competent mortgage professional
• Call an accountant to discuss short sale tax ramifications
This is a case of a distinction with a difference: If your bank agrees to a short sale, you then hire an agent to find a buyer for the house, you sell the house for a loss with the bank’s blessing, the bank agrees to eat the loss (although they could still demand the homeowner make some kind of payment or share the loss).
That’s the really short version of how it works. The experts say you’ll probably need to find a real estate agent willing to work for a smaller commission (which makes the bank a little more willing to absorb the loss), and you’ll also need to scale back your own spending.
Banks hate to take over homes, especially in a declining market, so you shouldn’t underestimate the willingness of a bank to make concessions.