Frequently Asked
Questions - Short Sales
What is a Short Sale?
A
Short Sale is the sale of a home or condo in the St. Louis MO area from which
the sales proceeds are not sufficient to pay off the existing loan(s) and the
mortgage lender(s) agree to accept a discounted (or reduced) payoff and agree
that these reduced amounts are enough to fully satisfy the loan and allow the
transaction to close and the seller to sell the house or condo.
The
best part for St. Louis MO sellers is the fact that the existing lender generally
pays all sales costs, including commissions, sale expenses and repair costs. Most important - You get your home or condo in
the St. Louis market sold and the loan(s) are paid off and you avoid
foreclosure.
Is a Short Sale right for me?
Unlike
even a year ago, most mortgage lenders are increasingly willing to work with
borrowers struggling with a financial hardship and accept a reduced or
discounted payoff on the mortgage. If you are faced with a financial or life hardship
that makes it likely you will be unable to make your payments on your mortgage,
your lender would prefer to accept less money now from the sale as opposed to taking
the property through foreclosure – which often results in significantly higher
losses to them.
As
you consider the option of pursuing a Short Sale, remember the important fact
that your lender is looking to limit any potential loss on your loan. Again,
under a Short Sale, your lender has arrived at a solution that is, for them,
much better than a foreclosure.
The
Good news for Saint Louis MO homeowners: Your lender wants to work with you.
How much will I have to pay to sell my
home under a short sale?
Great
news here. Generally Nothing. As puzzling
as this may sound, in most cases you will pay literally no sales costs if your
lender approves your Short Sale. All commissions, title and even most repair
expenses are paid by the lender as part of the Short Sale transaction.
Cottrell
Realty Group’s short sale experts include language to protect you as a seller
in every contract.
"Seller’s
agreement to sell is subject to approval by existing lender of a Short Sale at
no cost to Seller. Seller shall not be required to deposit funds to close this
transaction."
Remember,
lenders approve Short Sales and accept less than they are owed in an effort to
avoid much larger losses through foreclosure.
How do I get started on a
Short Sale?
It’s
easy. If you would like to get pre-qualified for a Short Sale, or if you would
prefer to discuss it on the phone, or set an appointment call 314-779-3688.
There is no charge to you to get started. It is as simple as contacting us and
we will get to work. If you later decide you don't want to do a short sale,
that is okay too.
Can I simply deed my
property to someone else and avoid the hassle?
Deeding
your property to someone without paying off the loan is nearly always a bad
idea. We have seen example after example of problems with this scenario in the
St. Louis area. In the first place, the
lender still considers you primarily responsible for payment on the loan. If
loan payments do not get paid, or if the lender ultimately forecloses, this
will show on your credit.
Secondly,
when you deed your property to someone else, you give up control of the
property. Along with the deed goes the ability to control the property.
Do
not deed your property to someone without paying off the loan unless you have
consulted with an attorney.
What sort of hardship would my
lender consider legitimate?
There are some general guidelines that lenders use, however, much will depend upon the mortgage company considering the short sale. The general rule or guideline is the following: as long as the financial or life hardship is legitimate and the mortgage
company believes the loan is most likely going to become delinquent or default (foreclose) as a result, the short sale request will likely be processed for consideration by the Short Sale or Loss Mitigation Department at the lender. A major factor in
getting Loss Mitigation to accept a hardship is to submit a strong, well written hardship
letter. The hardship letter from the seller sets the tone for the entire transaction.
Below
you will find a list of some common “hardships.” We've listed the ones that are frequently accepted by
mortgage lenders.
·
Family illness or personal injury - especially with large medical bills and/or loss work
·
Illness or injury in the seller's family – especially if it forces your relocation
·
Seller Job relocation - typically when the property is equity deficient
·
Job loss or significant income loss
·
Divorce or split of domestic partners
·
Adjustment in mortgage payment or unforeseen increase in living expenses
I am current on my mortgage, will
my lender consider a Short Sale?
The
answer is, maybe. Some lenders will accept a Short Sale file for approval on
loans that are not delinquent. Other lenders will not accept the file until the
loan is delinquent. We can put your Short Sale file together within a couple
days and submit it for approval. (Remember, there is no charge for this). That
is the best way to determine if your lender will accept a file for approval on
a loan that is current.
Why would a mortgage company agree
to accept a Short Sale?
There
are actually several reasons why a mortgage company would approve a Short Sale
payoff, including the following;
Legal
Concerns – Mortgage lenders have come under legal pressure to work with borrowers
to equitably resolve situations where borrowers are unable to meet their
mortgage obligation, particularly when the borrower makes an effort to arrive
at a compromise solution.
Wall
Street is Watching – Mortgage lenders rely heavily on their ability to package
and sell bundles of loans on the secondary mortgage market. They need to sell
these bundles of loans in order to put the funds back to work by loaning the
money again and collect loan fees along the way. If mortgages perform poorly
after they are sold it could impact the lender's ability to sell their loans on
the secondary market. A successful Short Sale gets the loan payoff resolved
quickly.
Asset
Management Expenses- If a lender acquires a property through foreclosure, the
property will be managed until it is repaired and resold. It is expensive to
manage real property assets - homes – spread throughout the region, the state
and possibly even the nation. Keeping properties maintained, keeping utilities
on, making repairs and the administrative costs attached to these activities
are all costs the lender would prefer to avoid. A successful Short Sale
eliminates most of these costs
Reserve
Requirement- Delinquent and non-performing loans place another burden on
mortgage lenders. For all delinquent and non-performing loans lenders must set
aside funds in reserve to deal with potential losses. These funds cannot be put
to work generating new loan fees until the bad loans are resolved. A successful
Short Sale lets the lender put more money to work.
Do lenders approve all Short Sales?
In
a word, no. That is why it is critical to work with someone that has extensive
experience at getting Short Sales approved.
From
how to present the Short Sale package to the lender, to negotiating
with the lenders Loss Mitigations Department, we know how to keep the file
moving towards approval.
The
first step is to get pre-qualified for a Short Sale. There is no charge for
this, and it’s easy.
Contact our team
today for further details.
I have two loans, can I still do a
Short Sale?
Yes.
We can work with both lenders (many times the same lender hold the 1st and the
2nd loans) to put together a Short Sale transaction. Even if the value of your
home is below the balance of the 1st mortgage, we can normally get the two
lenders to cooperate.
In
the end, neither lender wants to own another home through foreclosure.
My property is in rough
shape and needs work; can I still do a Short Sale?
Absolutely.
In fact, lenders are more motivated to do a Short Sale on a property that needs
work than on a property that doesn’t. The lender knows the risk of loss goes up
when they foreclose on a property that needs lots of work.
Aside
from expense of completing the work, lenders are simply not set up to get the
work done. They are in the loan business, not the fix- it business.
I am concerned about my credit. How
will a Short Sale affect my credit?
The
big key here is to avoid foreclosure. By nearly any measure, a foreclosure is
the most damaging event your credit status can encounter - worse than
bankruptcy. In the course of getting your short sale approved you may miss your
mortgage payments, and these will show on your credit.
By
avoiding foreclosure, you will likely be able to resume normal borrowing (car
loans, credit cards, consumer goods and such) relatively quickly
My income problem was temporary. Do I
need to sell my home?
You
may be able to keep your home. You need to convince your mortgage company of
two things:
The
problem that caused the mortgage payment disruption was beyond your control –
illness, injury, temporary disability or forced job change are a few examples
You
are now solidly in a position to stay current on your mortgage payments and
make some progress towards making up the delinquent amount.
What is a Forbearance Agreement?
A
Forbearance Agreement is a written agreement with your mortgage company in
which you arrange to keep your home. The agreement will normally include two
primary elements:
The
borrower’s promise to remain current on the mortgage going forward
Some
plan for making up the delinquent interest and other charges. It may mean
making additional payments to the mortgage company or the delinquent amount
could be added to the loan to be paid later.
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