Attached
is an excerpt from a recent article that I thought you should be
familiar with in case you don't already know about short sales.
Although I haven't seen a lot of them, it's always good to be prepared
when speaking with your clients. As you know, people hear things in
the news and we often have to sift through what they hear and educate
them on how it "really" is. Overall, this is great info and another
arrow in your quiver.
In
this time of economic change, understanding how to service your clients
and your market to the best of your ability with expansive knowledge,
real solutions and true compassion for homeowners facing overwhelming
decisions can make you the 'go-to' agent in your marketplace - and more
importantly - give you the quiet peace of mind of knowing that you have
helped customers help themselves.
What IS a Short Sale?
The
"short" in the title of Short Sale refers to the fact that the payoff
amount agreed to in the transaction is indeed, shorter than the
mortgage balances on the property. In other words, there is more owed
on the home than what it will sell for.
Why should a seller do a Short Sale?
The reason a distressed seller would consider a short sale is that they are faced with a big decision and only a few real options:
They could let the lender foreclose, ruining their credit.
They can use
an agent to help them negotiate a Short Sale, which would be a charge
off on their credit - so a "bruise" if you will- rather than a
foreclosure, which gives them the option to buy again within two years.
They can choose
a Deed in Lieu of Foreclosure, which means they sign the house back to
the bank. This is only an option however, if the bank wants the house
back. In a declining market, lenders are more apt to suggest sellers
find an agent and consider a short sale.
They can reinstate
their mortgage by coming up with all of the past due monies, interests,
penalties and fines. Obviously, that is not an option for most
consumers in this position.
They can try
what is called a Forbearance Agreement. In other words, they then take
what is owed and move it to the back of the loan and start all over.
This would depend largely on their credit, their payment history, how
long the lender has carried the loan and if they feel comfortable
enough with that particular homeowner to take the risk.
Clearly,
if a homeowner is truly in tough financial turmoil, a Short Sale can be
a viable option to get them out from under a bad situation and back to
rebuilding their lives and credit.
Why is it a win for a seller to choose a Short Sale?
It's
a win for them because it is a "negotiated settlement" with the lender
versus a "court settlement" with the lender. So, again, it is a
"bruising" of their credit as opposed to a "ruining." There are also no
attorney fees in a short sale situation to the seller, versus big
attorney fees normally in a foreclosure situation. Then, of course
there is the peace of mind that comes from knowing that their situation
is being handled by a professional who has their best interests at
heart. The family can stay together, find a place to rent easier and
begin to rebuild. Often consumers with a foreclosure on record have a
tough time finding a home to rent which can lead to split families,
strain on relatives and friends and just too few options.
What makes a Short Sale attractive to a lender or what makes it a win for them as well?
Quite
frankly, because they can get the same or more net as they would in a
Sheriff's Sale, Auction or Clerk Sale, but in much less time. The key
words here are more and less time. Short sales reduce the non
performing asset inventory carried by the banks. According to CNN
Money, Reuter's, CNBC and the Washington Post on August 17, 2007,
Countrywide Home Loans used $11.5 million of their line of credit
because of their non performing asset inventory. That, in turn, caused
their stock to plummet in just one day. So, as you can see, lenders
need this option as well to stay solvent.
Why should Real Estate Professionals work with Short Sales?
First
and foremost, agents should put working with Short Sales in their
repertoire because it allows them to really help people out of an
emotionally stressed situation. They are providing a much-needed
service while at the same time helping their own economy and the
economy at large. The more properties sell, the more people work-it's
that simple. Revenue and business is generated. The real estate agent
works, the mortgage lender, the title rep, the processing agent, the
administrators, home improvement and inspection professionals, etc.
Secondly,
it is a good way to pick up a few extra salable listings each year,
build an investor pipeline and avoid R.E.O. babysitting hassles. Truly,
though-there is nothing quite like helping a client who feels
overwhelmed and distraught find their way out of a bad position. After
all - isn't helping people what we are all here to do?
There
is much talk in the industry about how to handle Short Sales from a tax
perspective in regards to working with the IRS and the Form 1099C.
The
truth is that there may be a lender who writes off a loss and may send
a 1099C to the seller for forgiveness of the debt. However, the key
here is that according to the IRS, if you are insolvent, meaning you
have no assets, then a 1099C is going to be a wash. Take the time to
research www.IRS.gov and pull the documentation that resides there
which supports this position. Search key words: short sale, 1099C and
insolvency.
Also,
know that the IRS recently put a Bill in the house that states anyone
going through a Short Sale will not be penalized. The Bill has passed
the house and now awaits Senate and Presidential approval. We teach all
of our Short Sale Seminar students to always recommend that their
clients consult with a tax advisor with the IRS.
Why are Short Sales so important in today's market?
Our
current economy and the real estate market is going through a tough
time right now and this is one of the only ways most distressed
homeowners can rebuild their lives and move beyond their mortgage
troubles without the devastation of foreclosure.