What is a Short Sale?
When I speak with homeowners in financial distress I am often asked “what is a short sale, and do I qualify for one?”
The answer is “it depends on your situation.” Which is not an answer that most sellers about to lose their house to foreclosure want to hear.
A short sale is defined by Wikipedia as:
“In real estate, a short sale is when a bank or mortgage lender agrees to discount a loan balance due to an economic hardship on the part of the mortgagor. The home owner/debtor sells the mortgaged property for less than the outstanding balance of the loan, and turns over the proceeds of the sale to the lender in full satisfaction of the debt. In such instances, the lender would have the right to approve or disapprove of a proposed sale.”
A short sale is almost always used when a homeowner is in foreclosure, the home needs repairs, and the homeowner has financial circumstances affecting their ability to pay their monthly bills. A short sale can be attempted any time a homeowner is trying to sell their home, however the bank has little motivation to accept a short pay offer if the homeowner is current on their payments.
If you are approached with a short sale on your home you should be prepared to bare your financial soul. Meaning the bank will want to see about every financial record you can provide. Ok it’s not that bad, but that was one client’s feelings about the required documents the bank requests.
In the beginning of the process the bank will ask that you fill out a short sale package, and return the questionnaire along with:
- a hardship letter
- 2 months pay stubs
- 2 months bank statements
- Signed Sales Contract
- Estimated HUD1
- 2 years tax return documents
- a short letter discussing why the short sale is a good option for both parties.
Deciding to sell your house via a short sale requires a lot of time and patience. Just filling out the forms can take a couple of hours and then it can be many months before the bank will decide to approve/disapprove the sale. If you ever have any questions you should be able to contact the buyer of the property and speak with them about the status of the sale. Just remember they are held in the dark for most of the process the same as you are.
Here are some questions from the package to give you an insight on what to expect. The package they send can be over 10 pages long!
Please describe the events and/or circumstances which have caused you to miss your mortgage payments.
When did this event and/or circumstances begin? When will it end?
What actions have you taken thus far to resolve your financial situation?
Describe the nature and amount of any increased expenses or income lost during this time.
We will explore more on short sales in the coming weeks.
Caleb