To stop mortgage foreclosure, you may be able to work with your lender to “short sell” your house. In a short sale process, basically, the lender approves a sale of your home even if the sale price is less than what you owe on the home. Sounds like a good option, right?
From my personal experience, it is an option, but one for which you must be well-prepared, informed and incredibly patient. Some thoughts, from my experience:
1. Depending upon where you live, you will have to know what your options are to stay in the home during the short sale process, or make arrangements to live elsewhere. Know your rights, and have a back up plan.
2. If you are able to live there, you will basically live rent/mortgage payment free as you will not be making any mortgage payments during this process. I know of people who rented out their homes during this process, ensure that you fully disclose this to your mortgage company as you will run into fraud and other issues if you do not honestly and completely disclose ALL of your income.
3. Be prepared for a complete and full disclosure of your expenses, your income, why you are unable to make the payments, etc. You will need to write a hardship letter, explaining why you cannot make your payments. I had to disclose all bank and/or investment accounts, provide the past two years of tax statements, disclose all income to include child or spousal support, etc. It is a tough process, and I had to disclose this information at least four or five times during the year long process of trying to short sell my home. In addition, they will do credit checks to ensure that your information is accurate.
4. Be prepared for departments in your lending company to have no idea what the other department is doing. Candidly, I turned it over to my listing agents to do the communication with my lender, by signing over authorization to discuss my loan with the lender. It would take me hours to get to a live person, only to be told that I needed to call another. Early on, I finally got someone in the poorly named “Hope Department” and was told that they may or may not approve the short sale because:
a. They are not a non-profit (very, very true!)
b. It is not their problem that I am not employed, I should get as many jobs as it takes to pay the mortgage
c. I should get my family or friends to help me pay the mortgage
Trust me, I get that I entered into this mortgage, but due to variable beyond my control, found myself in a situation where I could no longer make the mortgage payments. Instead of leaving the keys on the counter and walking out the door (which some of my neighbors did do), I did work hard to “do the right thing” and try to sell the house so I could make the best of a bad situation. Get people’s names, and be prepared to still get a dozen different people dealing with your short sale. I also was dealing with the fact that my lender was bought out by another bank, and that transition stalled my short sale, adding months to basically re-do and rework what we had already accomplished with the one lender.
5. If your lender decides to work with you on the short sale, the paperwork process is glacially slow, frustrating and really at times almost amusing. The same document would be faxed to one department, only to be told to fax it to another, and then again another. Accept the fact that whoever is assigned your short sale has about 100 other short sales, and it can take weeks for them to respond to requests. Know that there are no promises, even if an offer is accepted by your lender, there are other steps that will need to be completed that may or may not make that offer into a sale. It is a very different process from a normal home sale.
6. You need to have a great listing agent who is experienced in short sales to truly walk the potential buyers through this process. It is a process that is slow for the seller AND buyer both. I had two offers drop out due to the length of time that everything was taking. Your listing agent will set the tone with the buyer to be patient and to play the paperwork game, and hopefully they will understand and want the home badly enough to stick it out. Your listing agent can also be there to assist with inspections, walk throughs, etc., saving you a great deal of time. I know some people who attempted this process on their own, and within weeks they were completely lost and simply walked away from their home.
7. If you do indeed move out, or have to move out, you may need to keep on all utilities during the short sale process so that buyers can see the functionality of light switches, appliances, etc. If you have a pool or spa, you may have to keep that pool or spa clean, fully functional and enticing for buyers. That alone is a very expensive proposition. It cost hundreds of dollars each month for me to maintain the lawn, the home, the pool and spa, etc. Toward the end, I had to drain my pool and spa, as I simply could not afford to keep up with the cost of running a pool, the chemicals, etc. In addition, home inspections will be done, and all utilities will need to be on for such inspections.
8. You should obtain legal counsel, and know all of the variables of what a short sale can and will mean to you, your finances, tax implications, etc. While a great listing agent that understands short sales can also provide you with this information, their information is not legally binding, and they are not attorneys nor CPAs and cannot and should not give you that advice. I worked with both a real estate attorney and my CPA to go through every nuance of the sale, each piece of paperwork that I signed, anything that I had to submit, etc. DO NOT do this alone, the small investment in legal advice is worth knowing that you are making the right decisions, doing the paperwork correctly and that you are doing your very best to make the short sale happen.
9. You may be able to work with your lender on other options. Candidly, after months of trying to make the short sale a reality, my lender began to send me letters offering to reduce my principal, reduce my interest rate. And this was months after being told that they would NOT do this for me. So, in an odd way, this process may push their hand to work with you, especially when you have not been making payments. I do not advocate doing this, this is just my experience and my perspective. Playing hardball with lenders typically is not a very good thing, and late payments will show up on your credit.
10. Stay positive, stay on top of paperwork, and know where you stand with frequent updates with your listing agent, your lender, etc. I found that the squeaky wheel definitely gets the grease and by being positive and professional with everyone involved you get better responses and others working for you and with you.
These are simply my observations and experiences, and over a year later, I have not yet sold my home. I hope for the best, am prepared for the worst, and want to help you successfully stop mortgage foreclosure by sharing my personal experience with the short sell process. You are not alone, there are many homeowners out there trying to do the right thing and we can support and inform one another, empowering ourselves and each other in that process.
Do you have any short sell advice or input? Please feel free to leave comments!
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