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The Short Sale Process
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List your property for sale. Most lenders
will not even talk about a short sale until you present them with an
offer from a qualified buyer. Even if you wanted to do a "deed in
lieu of foreclosure", the lender wants you to place it on the market
for at least 90 days before they will consider it. Your property
should be priced to sell quickly - which means below current market
value. The lender will not allow you to receive any proceeds from
the sale of the property, so from your standpoint it doesn't make
any difference what the list price is. But we do want to get an
offer that the lender would be willing to accept, so it can't be
priced too low. Once we receive an offer that is acceptable to us,
then we can start the short sale process with the lender(s). Keep in
mind that if there are two mortgages on the property, then all the
steps below have to be done with each lender separately. This
can increase the time that it takes to get the short sale approved.
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Present the offer to the lender(s). Along
with the offer, we must send all the documentation that the lender
requires. This includes personal financial and bank statements,
paycheck stubs, a hardship letter stating why you need to do a short
sale, a copy of the listing agreement and several more documents
that only a Realtor or attorney experienced in handling short sales
can provide. The lender will assign a negotiator to the property.
The negotiator will send someone to the property to obtain an
opinion of what the property is worth in the current real estate
market. It will typically take 30-60 days for a lender to respond to
an offer.
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Negotiate the offer. The lender(s) may
counter the offer. The negotiation can sometimes last for days or
weeks. Typically, the 1st mortgage holder will only allow the lender
that holds the 2nd mortgage a small portion of what it is owed -
typically $3,000 to $10,000. If the property went into foreclosure,
the 2nd mortgage holder receives nothing, so they will usually
settle for whatever the 1st lender allows them to have. Not only
does the lender have to approve the short sale, but approval must
also be obtained by the investor and, if required, the mortgage
insurance company.
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Acceptance of Offer and Closing. Once the
lender(s) accept the offer, it will usually give only 30 days to
close. The buyer's financing must be in place quickly. In most
cases, we would want the buyer to do a home inspection before the
offer is presented, but some buyers insist on waiting until after
their offer is accepted. You, the seller, will still be responsible
for any closing costs and miscellaneous fees (usually less than
$500), but your Realtor will negotiate to get the lender to pay for
as many of these cost as possible.
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