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The short sale process can be quite stressful on the homeowner. They are in the unfortunate position where their home is worth less than the mortgage – the short sale definition. Most homeowners allow themselves to approach dangerously close to foreclosure before admitting that the short sale process is something they’ll have to deal with.
There is no short sale without an agreement with the lender. It is an agreement between both the lender and the borrower and is a transaction that contains many complex factors and considerations. Most important for the borrower is that there will be no foreclosure awaiting them on the other side of the short sale process.
The two parties first agree to the short sale, and then they must deal with all of the various and complex aspects of the bank short sale process. For example, they must decide how much of and the manner of the debt to be forgiven, the price of the home, payment of fees, and then deal with the purchase agreement. It is absolutely vital at every stage to have the assistance of a professional. The short sale process is not to be done on your own!
The lender will require the homeowner to complete the “hardship letter” in order to explain how they ended up in such financial distress. The borrower will be required to document statements in the hardship letter through pay stubs, investment documents, and bank statements. This will provide a historical time line leading up to the homeowner’s inability to pay.
The bank will then assess the fair market value of the home and work with appraisers, brokers, and real estate agents. This is done in order for the home to be appraised properly, and for the bank to recover as much as possible from the sale of the home. In the end it’s all about business, and lenders wish to keep their losses to a minimum.
If the home is sold in accordance with the agreement – then the money will be used to settle the debt. The bank is not obligated to wait any longer than they agreed to wait in the contract. They can legally proceed with foreclosure if it is not sold by the date agreed to in the contract. These issues will be clearly stated in the agreement.
The borrower’s credit rating doesn’t have to be damaged by the short sale process. A short sale involves many complex issues and many people have missed important dates relating directly to their credit rating. Their credit was left in shambles as a result. Some allow their credit to be damaged due to having other finance areas deeply ingrained in the short sale process. Damaged credit is NOT a foregone conclusion here – this is the important point. It is for this main reason that following the advice of our experts is critical.
Our primary goal is to complete the short sale process and end up with as little damage as possible. If done correctly, we could end up with no unpaid property taxes, stable credit, legal fees paid, and without foreclosure. We may lose our home – yes, but we’ll be in the best position possible to buy again!