How Long Does a Short Sale Take?

by Colleen on June 29, 2010

If you want to do a short sale in the Sacramento area, Elizabeth Weintraub is the pro to call! Not only has she written a book on the subject, but every week she helps more and more homeowners avoid foreclosure through the short sale process. In addition to being a high producing Realtor, Elizabeth is a very prolific blogger.

Recently she wrote a blog post entitled “The Number one Short Sale Question“. (For her, the number one question she’s asked is if a home seller should stop making payments.

When talking with sellers in Maple Valley and throughout South King County about helping them Short Sale their house, the number one question I seem to get is “How long is this going to take”?

Sellers who are serious about short selling, are looking to the future….anxious for the time to move on and start over with a clean slate. For many owners, getting the short sale process completed is akin to removing a huge monkey from their backs. I’ve had several owners thank me profusely for helping them through the process.

My answer to their question is almost always the same….”It depends”. There are so many variables with a short sale transaction that there’s one answer which applies to each property. Here are some of the things which affect timing of the short sale process:

  1. How many liens are against the property (In most cases there is a first and a second mortgage which must be negotiated, but sometimes there are other liens-such as utilities, or judgments which must be worked out as well before title can transfer to a new buyer.
  2. Who are the lenders on the mortgage(s)? Many lenders have added staff and are getting much better at streamlining these packages. But others are still completely in the dark. WHO your Lender and Investor (not necessarily the same two entities) can make the process move quickly or at a snail’s pace.
  3. How cooperative will you be in providing me with requested paperwork? Many sellers who begin the process, are tired a few months down the road. When I get close being issued an approval letter, the Negotiator will often request updated financials. Or if I’m hammering a Lender to waive deficiency rights, sometimes I’ll request my client to write a new, updated hardship letter.  The longer it takes to receive this information, the longer the process takes.
  4. How Committed is the Buyer? It’s not unusual for short sales to close with the second, or even third buyer in the transaction. This can interrupt the process, depending on stage of negotiations and lender involved.
  5. What’s the Experience Level of the Listing Agent? There are so many inexperienced agents in the market right now, attempting short sales when they have never successfully negotiated one in their entire career. On the other hand, there are some slick-willy “mega agents” who approach Short Sales with the Spaghetti Strategy (list as many as we can, throw them in a bunch against “the wall” and see how many stick).  These agents are the ones to avoid at all costs if you’re looking to buy a short sale….the process will be beyond frustrating!

I’ve gotten short sales approved in 3 weeks and others in 4 months. Sometimes getting the approval isn’t the longest part of the process..it’s just the major piece in the short sale puzzle.

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10 Reasons to Avoid Foreclosure

by Colleen on March 28, 2009

wrrySometimes when I meet with homeowners who are either behind on payments or about to be, they ask me why they should bother pursuing options other than  foreclosure. We’ve all been overwhelmed at times and felt as if it would be easier to just throw our hands up and walk away from it all. But my job is to help my clients get as much information as possible in order to make informed, educated decisions about their financial future. 

Here are some answers to the most common question I get from distressed home owners:

Why shouldn’t I just let the bank have the house?

Issue

Foreclosure

Successful Short Sale

Future Fannie Mae Loan —

Primary Residence (Effective May 21, 2008)

A homeowner who loses a home to foreclosure is ineligible for a Fannie Mae backed mortgage for a period of 5 years.

A homeowner who successfully negotiates and closes a short sale will be eligible for a Fannie Mae backed mortgage after only 2 years.

Future Fannie Mae Loan — Non

Primary Residence (Effective May 21, 2008)

An investor who allows a property to go to foreclosure is ineligible for a Fannie Mae backed investment mortgage for a period of 7 years.

An investor who successfully negotiates and closes a short sale will be eligible for a Fannie Mae backed investment mortgage after only 2 years.

Future Loan with any Mortgage Company

On any future 1003 Application (Standard Loan Application), a prospective borrower will have to answer YES to question C, in Section VIII, that asks, “Have you had property foreclosed upon, or given title or deed in lieu thereof?” This will affect all future rates.

There is no similar declaration, or question regarding a short sale.

Credit Score

Score may be lowered anywhere from 150 to over 300 points. Typically, this will affect score for over 3 years.

Only late payments on mortgages will show, and after sale, mortgage will be reported as paid or negotiated. This will lower the score as little as 50 points, if all other payments are being made. A short sale’s effect can be as brief as 12-18 months.

Credit History

Foreclosure will remain as a public record on a person’s credit history for 10 years or more.

A short sale is not reported on a credit history. There is no specific reporting item for “short sale.” The loan is typically reported as “Paid in full, settled.”

Security Clearances

Foreclosure is the most challenging issue against a security clearance, outside of a conviction for a serious misdemeanor or felony. If a client has a foreclosure, and is a police officer, in the military, a government employee, a security officer, or any position that requires a security clearance, in almost all cases, clearance will be revoked and position will be terminated.

A short sale, on its own, does not challenge most security clearances.

Current Employment

Employers have the right, and are actively and regularly checking the credit of all employees who are in sensitive positions. A foreclosure, in many cases, is grounds for immediate reassignment or termination.

A short sale is not reported on a credit report, and is, therefore, not a challenge to employment.

Future Employment

Many employers are requiring credit checks on all job applicants. A foreclosure is one of the most detrimental credit items an applicant can have, and, in most cases, will challenge employment.

A short sale is not reported on a credit report, and is, therefore, not a challenge to employment.

Deficiency Judgment

In 100% of foreclosures (except in those states where there is no deficiency) the bank has the right to pursue a deficiency judgment.

In some successful short sales, it is possible to convince the lender to give up the right to pursue a deficiency judgment against the homeowner.

Deficiency Judgment Amount

In a foreclosure, the home will have to go through an REO process if it does not sell at auction. In most cases, this will result in a lower sales price, and a longer time to sell in, a declining market. This will result in a higher possible deficiency judgment.

In a properly managed short sale, the home is sold at a price that should be close to market value, and, in almost all cases, will be better than an REO sale, resulting in a lower deficiency amount.

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Real hope for short sales or just more bank spin? – Boston Real Estate – Boston.com

December 14, 2009

Article in the Boston Globe today. I love the very last sentence…
It’s an accounting game that’s hard to justify given the mounting cost homes foreclosed on and lives shattered
Real hope for short sales or just more bank spin? – Boston Real Estate – Boston.com
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New Short Sale Guidelines-The 3000 lb Elephant in the Room

December 7, 2009

The fact that the Treasury Department is taking steps to work with lenders in order to help streamline the short sale process is encouraging to say the least. For the last several years, I and other real estate professionals who have committed to helping homeowners upside down in value, have been frustrated at the lack of uniform procedure and [...]

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Why Do Sellers Choose Short Sale Over Foreclosure?

October 25, 2009

Until the process of short sales is streamlined and made to be more uniform, it will continue to be a frustrating experience for most parties involved; the home seller, the home buyer, the real estate agents involved, closing parties. They require more time and tenacity than most “regular sales” on the part of all who [...]

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Short Sale Myths

October 21, 2009

There has been so much written in the news, reported on TV and talked about around the cul-de-sac with respect to Short Sales and whether they are worth a Seller’s time or effort. I don’t know why, but for some reason everyone in the Universe seems to think they are an expert when it comes [...]

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RE/MAX Issues Press Release on New Short Sale Strategy

October 21, 2009

This joint venture for Short Sales was announced late yesterday afternoon and the press release posted on the RE/MAX internal website for Associates early this morning.
I will be attending the Pacific Northwest Regional Broker/Owner meeting tomorrow morning and look forward to learning more about this exciting new plan to help streamline what’s been a very [...]

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Quick Short Sale Facts

April 3, 2009

Here are a few facts about Short Sales:

Approximately 8M mortgages in the United States are upside down- or in a negative equity position which means if these owners want to sell they will either need to bring a check to closing or work with their lender to negotiate a short sale.

A short sale is a [...]

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Are You Out of Luck to Refi?

March 22, 2009

Not everyone will qualify for to refinance their home despite recent initiatives in the Making Home Affordable plan recently rolled out by the Obama Administration.  Unfortunately, one of the most attractive solutions for owners struggling with high payments will not be available for everyone under this plan.
Have a Jumbo Mortgage?
Typically jumbo mortgages, or non-conforming loans, [...]

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What You Don’t Know About Your HoA Dues Could Hurt You!

March 22, 2009

In the grand scheme of mortgage payments and 1st and 2nd mortgage balances, annual or monthly Homeowner’s Association dues seem nominal and unimportant. But most folks don’t know that Homeowner/Condo Associations also have the ability to foreclose on a property for unpaid dues.
Many distressed property owners will stop paying HoA dues first when trying to [...]

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