The Short Sale Process – Foreclosure Protection?
Wednesday, September 30th, 2009The short sale process is long and difficult. The homeowner is in a situation where their mortgage value is higher than that of their home – the short sale definition. Most of the time homeowners comes very close to foreclosing before admitting that the time has come to begin the short sale process.
Before initiating the short sale process, both sides must agree to it. It is a contract between two parties as to exactly how the debt will be settled – with all of the various aspects of home ownership dealt with. Avoiding foreclosure is probably the consideration with the highest priority to the homeowner.
After agreeing to settle through this process, the two parties must then agree on the various aspects of the short sale – and there are many. Among many other complex issues, they must decide on the selling price of the home, the amount of debt to be forgiven, property taxes, insolvency issues, various fees, and the purchase agreement. For these reasons expert help is an absolute necessity. Do NOT attempt to handle a bank short sale on your own!
The homeowner will need to complete a document known as the hardship letter to verify how they ended up in the short sale process. The statements in this document will be verified by various financial documents provided by the homeowner. It is in this manner that the lender will verify how the borrower ended up being so dangerously close to foreclosure.
The bank will then assess the fair market value of the home and work with appraisers, brokers, and real estate agents. This is done in order for the home to be appraised properly, and for the bank to recover as much as possible from the sale of the home. In the end it’s all about business, and lenders wish to keep their losses to a minimum.
If the home is sold in accordance with the agreement – then the money will be used to settle the debt. The bank is not obligated to wait any longer than they agreed to wait in the contract. They can legally proceed with foreclosure if it is not sold by the date agreed to in the contract. These issues will be clearly stated in the agreement.
If handled correctly – with professional assistance, your credit does not necessarily have to be damaged. There are many complex issues involved in the short sale process, and many people have missed deadlines dealing directly with issues relating to credit. For these reasons their credit rating was damaged. Some people have other areas of financial responsibility tangled up in their current problems and for this reason end up with damaged credit. The point is that damaged credit is not a foregone conclusion. If we follow the instruction of the experts advising us, our credit rating may well be saved..
If we successfully complete the short sale process we could very well end up with little damage. If we do it right, we could still have stable credit, no legal fees or unpaid property taxes, and no foreclosure! This would be our prize – to be in the best position humanly possible to buy another home.
