Shortsale: What is it?

If you own real property and you owe more on your mortgage then the home would appraise for and you have a hardship, then you may be able to short sale your property. A short sale is when the lender is willing to accept less than the full amount you owe.

In order for your lender to consider this option the following must apply: Property must be listed with a realtor and must have a contract based on the comparables in the area the property is located. Owner must have a financial hardship. A financial hardship could occur from divorce, loss of job, pay cut, illness, accident. etc. Owner’s expenses exceed their income, this is considered a hardship. Expenses must be legitimate expenses. One cannot have a $500 dollar a month clothes shopping addiction. Real expenses including; electric, water, rent, insurance, car payments, gas, groceries, homeowner association dues, health insurance, etc.

Once a financial hardship has been established on behalf of the owner, all of the required documents that must be submitted to your lender are below: 1. Bank Statements – Last two months 2. Pay Stubs – Last two pay periods 3. Tax returns for 2008 and 2007 4. W’2s for 2008 and 2007 5. Financial Worksheet

A realtor will provide the following in order to submit to the lender: 1. Listing Agreement 2. Comparables ( active/pending/sold) 3. Listing History 4. Contract offer ( The accepted sales price, should be on or around the current market value) If the contract offer is not acceptable, then the agents should leave the short sale addendum un marked on #5, to allow additional offers to be submitted. But if the original offer submitted is sufficient, this clause should be eliminated.

A Title company will provide the following: 1. Title search 2. Preliminary Hud 3. Complete Lien search, including: Code Enforcement, Open Permit and Water balance search.

We highly recommend that a title search and lien search be completed on the property being sold in order to make sure that there are no judgments, liens other than the existing first or second mortgage. If a title search is not completed and a Preliminary HUD -1 Closing Statement is submitted to the lender, which does not reflect other items such as: Code Enforcement liens, Outstanding Water Balances, Open Permits, HOA Liens, Certified Judgments, delinquent real estate taxes, you can get your approval. However, once you have completed your title search and lien search and they show any of the items above, at that point you have to re-negotiate with the lender. In some cases you will not be able to re-negotiate with the lender, so now you have wasted time and energy and you no longer have a deal.

Important Items to consider regarding a short sale: Most lenders are not paying the entire amount owed fpr HOA assesments. They are comparing a short sale to a foreclosure in these cases. If a lender proceeds to the foreclosure sale, the lender is, under law, only required to pay a certain portion of the back assessments. This is the rule of thumb to go by, if the property is a condominium, the lender will pay up to 6 months in back assessments, if the property is a single family home, then the lender will pay up to 1 % of the original balance of their mortgage or 12 months of back assessments. Attorney fees are not considered, nor paid for by the lender. In most cases, the HOA will reduce the amount owed to them. However, some HOA’s are taking a stance that they will not accept what the lender is offering and they will kill the deal. Most lenders will only accept individual buyers. Most lenders do not allow; Corporations, LLC, LLP, Land Trust, Trust etc. The property must be purchased by an individual person(s). Not all companies who say they can negotiate a short sale are qualified to do so. Negotiating a short sale or even a loan modification requires a background and experience in mortgage, title and real estate. Most short sale negotiators who have a background in title insurance, mortgage, or even real estate have a better idea of the entire process and what is involved in all areas of the short sale transaction. Lenders do not have to approve a short sale, even if there is a hardship; however, most lenders are trying to accommodate the owner to some degree. Lenders will definitely deny owners short sale if they feel there is not a legitimate hardship. Second Mortgage Lenders are asking for 10% of the principal balance.

GETTING THE SHORT SALE APPROVAL LETTER FROM THE LENDER IS NOT HARD. PUTTING ALL THE PIECES OF THE PUZZLE TOGETHER: PRICELESS!

For more Shortsale Assistance visit our Shortsale Assistance Center

Reduce your Debt: A short refinance is a refinance of your current mortgage. You take out a new loan to pay off your existing loan. This new loan has new terms, possibly a lower interest rate or the ability to extend your loan length. This allows you to keep your home and end up owing less on the home because you are refinancing at your homes currents value, you are getting a new interest rate and you are probably also extending the length. Basically, a short refinance is a short sell of your home back to you. Instead of you selling the home to someone else, your lender simply restructured a loan and pays off the higher existing loan so you can now stay in your home. Now, though, you have smaller payments that make it affordable, allowing you to avoid foreclosure.

Cautions of a Refinance: naturally, you can’t forget that refinancing of any type includes hazards and downsides. A short refinance or a short sell is a settlement by your bank on the present loan. Your bank takes the profit cut because they’re paying down what you owe now, which is more than the amount you may refinance at. This leaves a hunk of money which will never be repaid. The bank deals with this by charging it off as a delinquent debt.

When the bank does this charge off, they may likely report this to the credit companies. Your credit will be adversely impacted. This charge off will appear as a delinquent debt. It is definitely worth weighing your options to make sure that a short refi is the best choice, considering the damage to your credit. You can decide that essentially doing a short sell to another buyer is the wiser choice.

In the end, a short refinance is your call. You have got to make a choice and think about what will occur in each eventuality. You must think about how much it suggests to you to remain in your house. You also have to consider the future and if a short refi will truly help you to get back on your feet or not. Think through your short refinance or short sell options so you can make a call which will actually be of use for you in the long run.

Facing foreclosure is scary and almost any option, whether it be refinancing or selling, is a better choice than letting your home go into foreclosure. Whether you keep your home through a short refi or you end up with a short sell and move out, you should try to stay on top of things. Keep in contact with your lender and try to get help in deciding what your best option really is.

To Learning how to go about short refi could literally save yourself thousands of dollars and you can pay your high interest loans visit homesshortsale.org

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“If you live in a house and are losing it , have been living in it for 6 months paying no mortgage, will they just show up at our door and say ok you have to leave? or will we get some kind of 30 notice to leave?”

My response was: Nobody can take out you from your home if they dont have an EVICTION NOTICE FROM COURT. Period. You have to know the eviction process under your state eviction laws, though. Some states are into a JUDICIAL foreclosure system and others into a NON-JUDICIAL foreclosure system. The website foreclosurelaw.org has everything you need to know about it.

To understand the EVICTION PROCESS, you need to learn the following common points (although every state is different, and using different names for every point):

1.- IN DEFAULT.- When you are 30 to 90 days late on your mortgage payment.

2.- NOTICE OF DEFAULT (NOD).- The 90th day being late, your bank will send you a Notice of Default, stating that if you dont pay, they will send your case to foreclosure.

3.- NOTICE OF SALE: Generally at 120 days late on your mortgage, a Notice of Sale will arrive at your home from a lawyer or a trustee telling you what day and what place will be the auction of your home. You still have the option to negotiate your situation.

4. Foreclosure (FC).- After (generally) 2 months of the NOS, the foreclosure sale will be made. Some states take more months for this. (you can stay free at the property)

5.- REINSTATEMENT PERIOD.- Around 50% of the USA states use to give by law a period of Reinstatement once the property was foreclosed, so you can find a loan to purchase again the property. It also gives a legal permission to stay into the property rent free for a determined period of time. Do your state allows Reinstatements?? If so, for how long?

6.- EVICTION: Following the foreclosure sale, or the end of the reinstatement period, you will be reached by the new title-holder of the property asking you to leave the property. If the property was bought back by the same lender, they may give you some money to leave the property clean and in good condition (this is called Cash for Key). If you don’t leave, after 30 or 45 days they can start an EVICTION PROCESS AT COURT. The Judge will send you an EVICTION NOTICE including the date when you must leave. If you dont leave that day, the sheriff will go to the property to take you out and change the locks. If they lock the doors with your belongings inside, you cannot take them out anymore.

As a consumer, you have rights. You can stay at your home without making payments, until you have a legal eviction.

NOT EVEN A SHERIFF CAN TAKE ANY HOMEOWNER OUT FROM HIS HOME WITHOUT THIS NOTICE FROM COURT.

Generally, you can stay at least 6 months, in other states you can stay even more time protected by the state laws. Check the Eviction Process and the Eviction Laws of your state.

YOU WANT TO AVOID FORECLOSURE. Learn how to do it.

Disclaimer: You need to know that I am not a lawyer, or an accountant, or a tax counselor giving you lawful, tax or financial advice. This information is not a replacement for the opinion of a experienced lawyer. Even though I am a Financial Educator in the State of Arizona doing Real Estate investments, Business Coaching, Marketing Coaching, Credit Counseling, Foreclosure Prevention, Residential and Commercial Loans, Mortgage Training and Consulting since 2002, I do not say I am giving you legal counsel in this article to your explicit situation. This article is planned to instruct homeowners in failure of paying their mortgage. Nothing within this article should be interpreted to represent legal advice for your individual conditions. The information given in this article is presented only for individual information. Under no conditions this article stand for a legal counsel to market, purchase or keep any house.

Looking to find the best information on the Eviction Notice, then visit www.foreclosureinprocess.com to find the most advanced information on The Eviction Process right now.

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Many people in the current financial crisis are having difficulties in paying their mortgages. A large number of these simply don’t know what they can do to avoid a situation where they may actually lose their home. In this article we offer some tips on how to avoid foreclosure which may mean that you save your home from being repossessed.

Tip 1 – It is important that as soon as you are faced with the difficulty of paying your mortgage that you don’t try to ignore the situation. It is far better if you contact the lender immediately and explain to them what your current financial situation is. By doing this they may well be able to devise a payment program that ensures that you can still pay the mortgage and so keep your home.

Tip 2 – Whenever you receive any correspondence from the mortgage lender regarding it you should open and reply to it as quickly as you possibly can. Generally the first letter the lender sends to those who are having difficulties in paying their mortgage will provide them with some ways of how to avoid foreclosure happening to them.

If you ignore the initial correspondence from the lender it could lead to further problems for you in the future and also it may contain information relating to the legal proceedings that the lender is about to take against you. Using the excuse that you didn’t think the letter was important with the judge at the foreclosure court won’t work.

Tip 3 – It is crucial that as soon as your financial situation changes that you immediately read through the mortgage documentation you have very carefully. This will help you to determine just what the lender is going to do if you cannot keep the mortgage payments up. If you are at all unsure as to where you stand when it comes to foreclosure matters then immediately contact a lawyer or the local citizens advice bureau.