Navigating Short Sales: What to Do When the Sale Price Leaves You Short

If you’re thinking of selling your home, and you expect that the total amount you owe on your mortgage will be greater than the selling price of your home, you may be facing a short sale. A short sale is one where the net proceeds from the sale won’t cover your total mortgage obligation and closing costs, and you don’t have other sources of money to cover the deficiency. A short sale is different from a foreclosure, which is when your lender takes title to your home through a lengthy legal process and then sells it.

1. Consider loan modification first. If you are thinking of selling your home because of financial difficulties, first contact your lender to see if it has any programs to help you stay in your home. Your lender may agree to a modification such as:

• Refinancing your loan at a lower interest rate
• Providing a different payment plan to help you get caught up
• Providing a forbearance period if your situation is temporary.

When a loan modification still isn’t enough to relieve your financial problems, a short sale could be your best option if :

• • Your property is worth less than the total mortgage you owe on it,
  • You have a financial hardship, such as a job loss or major medical bills, and can’t make your payments, and
  • You have contacted your mortgage company and it is unwilling to do a loan modification.

2. Hire a qualified Realtor. The first step to a short sale is to hire a qualified real estate professional who specializes in short sales. Interview two or three candidates and ask them about their prior short-sale experience and success rate.

Short sales proliferated back in 2010-2012, so it may be hard to find practitioners today who have closed a lot of short sales. You’ll want to work with those who demonstrate a thorough working knowledge of the short-sale process and who won’t try to take advantage of your situation or pressure you to do something that isn’t in your best interest. A qualified real estate professional will:

• • Provide you with a comparative market analysis (CMA) or broker price opinion (BPO).
  • Help you set an appropriate listing price for your home that will get it sold quickly.
  • Put special language in the MLS that indicates your home is a short sale and that lender approval is required (all MLS’s permit, and some now require, that the short-sale status be disclosed to potential buyers).
  • Help you with the process of working with your lender and other lien holders.
  • Negotiate the contract with the buyers.
  • Help you put together the short-sale package to send to your lender (or lenders, if you have more than one mortgage).  Note: You can’t sell your home without the lender and other lien holders agreeing to the sale and releasing their liens so that the buyers can get clear title.

3. Begin gathering documentation before any offers come in. Your lender will give you a list of documents it requires to consider a short sale. The short-sale “package” that accompanies any offer will typically include –

• • A hardship letter detailing your financial situation and why you need the short sale.
  • A copy of the purchase contract and listing agreement.
  • Proof of your income and assets (including bank statements).
  • Copies of federal income tax returns for the past two years.

4. Prepare buyers for a lengthy waiting period. Even if you’re well organized and have all the documents in place, be prepared for a long process. Waiting for your lender’s approval of the short-sale package can take from several weeks to months. Some experts say:

• If you have only one mortgage, the approval process will take about two months.
• With a first and second mortgage, the approval process may take up to three months.
• And if there are unpaid personal liens (car or finance loans), it will require more time since those companies must also sign off on the short sale in order to clear their liens.

When the mortgage lender initially responds, it can approve the short sale, make a counter-offer as to the sale price, or deny the short sale. The last two actions can lengthen the process or put you back at square one. Your real estate professional, with your authorization, will work with your lender’s loss mitigation department on your behalf to prepare the proper documentation to overcome these obstacles.

5. Don’t expect a short sale to solve your financial problems. Even if your lender does approve the short sale, it may not be the end of all your financial woes. Here are some things to keep in mind:

• In rare cases, you could be asked by your lender to sign a promissory note agreeing to pay back a small part of the deficit created by the short sale.
• Any amount of your mortgage that is forgiven by your lender could be considered income, depending on prevailing tax laws. However, a measure passed in 2007 called the Mortgage Forgiveness Debt Relief Act and Debt Cancellation Act relieves that liability for most sellers. Consult your tax preparer or attorney for current rules pertaining to your particular circumstance.
• Having a portion of your debt forgiven may have an adverse effect on your credit score. However, a short sale will usually impact your credit score less than a foreclosure or bankruptcy.

Note: This article provides general information only. It is not intended as advice for a specific situation. Laws vary from state to state. For advice on a specific matter, consult your attorney or CPA.