Steps to a Short Sale
-Be prepared for the process. Patience and diligence will be your allies and impatience can be your nemesis. Understanding the process will help you through it. The lender will not be rushed. Your experienced buyer’s agent will know how to manage the offer and the correct parties to work through.
-If you are not submitting a cash offer, ask your real estate agent about financing options. The lender may be in a position to permit a loan assumption and modification for a qualified new purchaser, or they may be able to offer new mortgage financing. The more steps that you have completed when you submit an offer, the better chance you will have of a quicker approval. Have your lender’s loan application, information and requirements prepared. The lender will provide you with a package with their forms and requirements. Rely on your buyer’s agent to assist you. There will be a substantial down payment required to have your Agreement approved. Other than for property inspections, there should be no contingencies in your offer. If you have to sell an existing home first, it is unlikely that a short sale will be approved by the lender. Line up your ducks. The more steps you have completed, the easier the process and the approval. Quick and clean will get you to your closing. You would be surprised at how many things don’t end up in the right hands when they float in one at a time. The fewer times that the file has to be handled and the more complete the documentation from the beginning of the process, the better the result.
-The lender will most likely want the property sold “as is.” They will not be motivated to deal with complexities in the contract, particularly since they are selling at a distressed price. These require too many decision points and details that can hang up the approval. Buyer Beware: it is important to protect yourself. Have the property inspected. All the home’s key systems should be checked out. Structural, plumbing, electrical, heating and air conditioning, fire place, swimming pool and equipment, roof and mechanical should be checked. If you are buying “as is,” the risks assumed will be yours. If you have any concern, be sure that the home is checked for pest infestation, hazards such as, asbestos (if the home was built prior to ’85), lead paint (if built prior to ’78), and radon gas, particularly if it has a basement. If you have reason to believe that the area may be in a flood zone or known hazardous or toxic waste area, have it checked out. The title commitment will indicate if the property is in a flood zone. If you have concerns discuss them with your agent. A short sale is like any other real estate purchase, surprises after the closing are avoidable. Most of these items should be covered in the standard local board of realtor purchase offer Agreement. It they have to contend with a lot of complexity, they will probably just as soon that the property proceed to foreclosure where they have a process established.
-Make sure that a legitimate hardship exists on the part of the seller. Don’t waste your time with a seller that is testing the water. The lender won’t approve a short sale unless a legitimate financial hardship exists. To qualify, the seller must be behind in their mortgage payments and unable to make future ones. In other words, if the lender does not approve the short sale, they are foreclosure bound. The lender is doing whatever they can to recover as much of the outstanding loan balance as possible; however, they need approval from the investor that owns the loan and any inferior lien holders before they can proceed.
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