Should I Short Sale My House? Top 11 Questions You Must Ask Yourself Before Deciding

If you’re confused with which option to stop foreclosure, then the following short sales vs foreclosure information will help you make the right decision.
I know that you are not thinking clearly because you’re worried about foreclosure & your family becoming homeless, having trouble sleeping at night due to worry, feeling stressed about making the wrong decision, feeling embarrassed your neighbors may find out, fear about getting a bad credit score & foreclosure appearing on your credit report. You would not be a human being if you were not having trouble thinking clearly with your state of mind clouded with so many concerns and worries.
Are You Sure You Understand Clearly… What Is A Short Sale?
It is one of your options, so when your property is sold, the money the lender gets from the sale is less than the balance you owe on the mortgage debt balance. So if you cannot afford to re-pay back the total liens, the holders of the liens will release it and accept the reduced amount that you currently owe on the house.
What Are The Tax Consequences Of A Short Sale?
The amount that’s being taxed is the forgiveness amount on the mortgage or the difference of the mortgage and the property’s final selling price. This is considered income by the IRS and a 1099 form from the lender will be provided after the short sale transaction.
There’s an exception which is called the Mortgage Forgiveness Debt Relief Act of 2007 which terminates this tax up to two million dollars which applies only to residential owner occupied real estate. For married couples who do their taxes separately, the limit is split between them. If someone does not qualify for this, the bank may agree to report the forgiven amount as a gift. In this case, the short sale cannot be taxed by the IRS.
Another alternative is to file for… bankruptcy or liquidation…!!!
How Does A Short Sale Work? – 7 Steps Short Sale Process
* You must contact the bank to discuss the policies and procedures.
* You must compose a letter to release documentation about the loan and the property. This information is distributed to the buyer and the escrow agency.
* The lender will examine the settlement statement which entails the selling price and what is left of the loan balance. Closing numbers such as commissions, fees, and expenses are included.
* You have to submit a hardship letter which will describe your financial problems. It is a good idea to refer to some short sale hardship letter examples to use as a guide before composing yours. It should be short (a few sentences) and not lengthy for easy reading. Make the reader feel the extreme anxiety as to why you can no longer afford the property. So it’s imperative to build a strong case. Most importantly do not blame the lender. Remember the goal is to request assistance and not to offend.
* These documents include banking statements, investment portfolios, employment paystubs and other financial records.
* The lender will consult with the broker to evaluate the structure of the house and how much it’s worth when comparing it to other properties.
* The lender will examine closely that the purchase agreement and commission amounts are agreeable to all the parties.
How Does A Short Sale Affect Your Credit?
If your credit score is important too you and wish to protect it at all cost then… this option is a safer bet for you since it is not as a serious as, when the bank forecloses on your property. The FICO score damage to your credit report is less.
Example: Your FICO can drop between 50 to 150 points Versus 210 to 420 points for a foreclosure
10 Advantages To Doing A Short Sale
* Top benefit is – Debt forgiveness which is when there is no monies owed after this transaction. For example, if your home is worth $200,000 and it’s sold for $100,000 the left over amount is cancelled by the banks. Also, what’s eliminated includes closing costs, taxes and other fees.
* You don’t have to pay rent or make mortgage payments during the short sale process
* You’re in the driver seat not the lender
* You’ll avoid the embarrassment and your credit report showing a foreclosure
* You can be up to date with your mortgage and still do a shortsale
* Your home will be sold like any other home in your neighborhood… it’s your secret
* Credit Score Damage… is less (FICO drops 50 points – 150 points Vs 210 to 420 for a foreclosure)
* Deficiency Judgement – can be avoided by making sure your lawyer or realtor has negotiated with your lender in writing to not come after you to collect the deficiency balance owed after you sell your property
* You can get Tax Forgiveness based on the Mortgage Forgiveness Debt Relief Act of 2007 (Note: Consult with a professional first accountant, IRS, to make sure yours will be forgiven.)
* You may qualify for some cash as a closing incentive. These cash incentives range from $2,000 to as high as $35,000 paid by some banks, HAFA, FHA (hud) to short sale your home. You can use this money you receive at closing for moving and relocation costs in addition to whatever you save up while you
didn’t make payments to the bank.
* You’ll end up with a lower living expense related to rental payments which will be less in most cases.
Disadvantages To Doing A Short Sale
* Cannot stay and save money as you will be expected to move out as soon the deal closes
* Potential tax consequences if you borrowed against your principal and used the funds for some thing else other then house related expenses, once again consult with a professional short sale lawyer, accountant to make sure you will not have to pay back taxes to IRS.
* If you have multiple lenders who may have a lien to your property is can make it extremely difficult to do a successful short sale. Make sure you check to see if you have more then one lender if so… slow down and consult with your attorney again to see if it is worth it to do the short sale
* A foreclosure can take six to twelve months, credit scores have a greater negative impact, and the waiting period of purchasing another home is five to seven years. In a short sale, the process can take one to six months, the penalties on the credit scores are less severe, and there’s a greater chance of purchasing a future home by re-applying for a new mortgage within two years.
2 Advantages To Letting The Bank Foreclose On Your House
You can stay longer in your property as opposed to a short sale. Save the money you would paying to your lender, you pocket it and save it to move out to your next new apartment with your family and start over with the least amount of hardship if you have some money at least to move on with your life after foreclosure.
3 Disadvantages To Letting The Bank Foreclose On Your House
* Top Disadvantage – associated with foreclosure is what it does to your credit score rating. A house foreclosure will appear on your credit report because it is a loan with the mortgage lender. As a result, for any credit in the foreseeable future, a financial institution will be able to see that you had a foreclosure which will remain on your credit record for at least 7 yrs.
* When the mortgage lender actually sells the house and is sold at an sum less than what is due to the lender, you are liable for this difference. If you are unable to pay the difference, then you may have to file for bankruptcy also.
* A foreclosure will be handled as a very serious blemish on your credit history. You will have a harder time getting a lender to lend you money to buy a house or even other personal items. Bottom line your credit history is “Killed” with one powerful shot.
* Job hunting will become more difficult. It is a known fact that potential new employers will look at your credit history background, in addition with some employers if they see a foreclosure on your record some employers will reject your application immediately regardless if you are the best man or woman for the job and position.
How Long Can You Stay In Your House After Foreclosure?
This differs state to state but in some instances it can be as long as four months to one year until the individual is forced to vacate indefinitely. This procedure in New York State falls under two categories which is judicial foreclosure and non-judicial foreclosure.
Judicial Foreclosure – Is when the lender filed a complaint against the borrower and obtain an order of sale from the court.
Non Judicial Foreclosure – Lender not required to file a complaint in court, is given authority to sell and foreclose quickly.
Which Of These 12 Foreclosure Alternatives Did You Skip Over That Can Hurt You?
* Refinancing is a challenge for the borrower having limited equity and poor credit.
* Reinstatement can make a loan current by paying the amounts due.
* Short term forbearance allows for the termination of up to three payments or a decreased amount until six months. When the forbearance time period is over, the seller must comply on a longer repayment plan to catch up on those payments missed.
* Long term forbearance is very similar to short term forbearance with a few exceptions. This is designed for severe neglect and permits a reduced in payment for four to twelve months
* Special Forbearance can schedule a repayment plan depending on the vendor’s financial portfolio. There may be a temporary decrease or postponement of the seller’s payments. The individual must have experienced a current unintentional cutback in income or living expenses have increased. Documentation must be submitted as proof.
* Deed in Lieu vs short sale – When a seller may be able to willingly return their residence to the lender. This may not salvage the home, but will assist their probability of obtaining another mortgage loan in the future. The owner can qualify under these guidelines: if they have not been paying and do not qualify for any other options, their attempt at selling the dwelling prior foreclosure failed, and they do not have another FHA (Federal Housing Administration) mortgage in default
* Cash Sale relies on the owner’s equity. This occurs when the seller gets cashed out on the residence and the whole thing is paid in full. The property needs to be given at a discounted amount so it can be a worthwhile investment.
* Repayment combines past due amounts with regular monthly payments
* Modification is when the owner and the mortgage company will have a written agreement which modifies some of the stipulations of the note
* Another strategy to stop foreclosure is to make an attempt to come up with a portion of the money to apply towards the shortage which is called the contribution figure or the good faith payment. The monetary amount is between thirty five to fifty percent of the total amount that’s needed to bring the loan up to date. This tip proves to the lender that you’re interested in having the loan in good standing.
* Consult with a foreclosure defense attorney
* Real estate investors who buy houses for cash
* ” Special Program Options ” Not well known & experts don’t share. Call Pandel Enterprises 718-577-2782
10 Ways You Can Reach Out For Foreclosure Help
* U.S. Department of Housing and Urban Development (HUD) Telephone: 1-800-569-4287
* Neighbor Works Spanish or English Call 1-888-995-HOPE
* National Community Reinvestment Coalition (NCRC) 202-628-8866
* National Council of LaRaza (NCLR) NCLR may be the biggest national Hispanic civil privileges and advocacy organization within the U.S. 202-785-1670
* Neighborhood Assistance Corporation of America (NACA) 1-888-302-NACA
* Fannie Mae’s HomeStay Program 1-877-722-6757
* Freddie Mac ” Don’t Borrow Trouble Program ”
* Nation’s Association of Consumer Advocates 202-452-1989
* Home Ownership Preservation Foundation
* Project Lifeline Initiative Contact Your Lender To See If They Offer It
There’s a wealth of information here and no one is expected to know everything overnight. These processes are complex, but with the appropriate real estate professionals working on your side, this anxiety provoking area should be clearer to comprehend and answer your question on why should I short sale my house.
Note: The information provided in this article is not meant to replace legal professional advice from attorney. This is article is meant to be a guide and to help you sort out quickly & easily the best option between the ” short sale vs foreclosure ” option. Before you make any decisions after reading this article you should seek advice 1st with a real estate attorney or a free foreclosure assistance – non profit organization.
Article Source: http://EzineArticles.com/?expert=Edwin_Rosario

Have You Been Turned Down for a Loan Modification?

Great input in that article, more to read below:

Your lender wasn’t interested in your loan modification? You are really not alone. Over half that apply are wasn’t interested! Why? Here’s the short answer, it didn’t profit the lender. I’ve heard it over and over again from disgruntled homeowners who have been denied. “Why was I declined? I lost my job, I racked up medical bills, my wages were cut…etc etc” My reply, you’re focusing on your hardship. That may not be the deciding factor.
What really does motivate a bank to make the decision to approve your modification? Answer; MONEY! That’s right, MONEY! Isn’t that the business they’re in? So why are you presently trying to get them to feel sorry about your personal situation? You have to compare the losses of a foreclosure to the losses of your modification. In the event the bank loses more cash from a foreclosure you’ve got a great chance to get approved. How will you determine foreclosure loss? Your first step is finding out what your home is currently worth. There are a number of websites available for this. Zillow is a well used site and so i suggest starting there. As soon as you find the current value of your home, multiply that figure by 70%. Right here is the average sale amount at a foreclosure sale. You may wish to check your counties foreclosure records for a more accurate figure. Now you should add in the amount of monthly payments the bank does not receive during the foreclosure process. This is about 6-36 months of payments. The last figure that must be calculated directly into losses is attorney fees and filing fees. You are able to look at your counties clerk of court website for these fees. The total of all figures offers you a fairly accurate estimate of any foreclosure loss. In order to have your modification approved you must do this because your bank most definitely will. Get on the same page as your bank!
Your second step is to calculate the banks losses within a loan modification. A lot of homeowners getting a modification don’t submit a proposed mortgage payment. They allow the bank to determine the new payment, huge mistake! If you let this happen, you’ll be set up to fail. 90% of all modifications never keep up on their new mortgage payment. How will you determine your proposed mortgage payment? You should prepare two financial statements. The first is your current plan. This statement needs to include all monthly income and expenses. It has to be accurate and have documentation to compliment your figures. This statement will reflect why you can not afford your mortgage payment. It has to show you’re in the red or on the brink of it. Now make a proposed plan by using a few changes within your debt figures. The very first change is your proposed mortgage payment. Take your monthly income and divide that by 31%. This is a HAMP guideline. Your mortgage payment ought to be under 31% of your respective total income. The next change needs to be concessions on your monthly bills. If you have a cable bill that is a premium package, reduce to basic cable or eliminate cable altogether. Mobile phone devices or home phones, eliminate the phone you don t use primarily. Cut back anywhere. It is important so that your financial statement displays you posses more than expendable income. If you’re still in the red, you know what? You WILL be denied. You’re asking the bank to generate concessions, it’s only fair for you do this too.
I understand it would appear that this is very daunting and time-consuming but it surely has to be done. It is time to apply again.
Obama designed a few changes to the HAMP program which will help you get approved. In case you haven’t heard yet, listed here are the most important changes that ought to be beneficial for you.
1) Tripled the incentives for banks to approve the modification.
2) You can now modify 2nd mortgages.
3) Income properties qualify for HAMP.
Have you been denied for a loan mod? Leave a comment or ask us a question.
Article Source: http://EzineArticles.com/?expert=Richard_Ontolchik

It Is Possible to Avoid Foreclosure, and Even Save Your Home!

If you are behind on your payments and worried about your home being foreclosed on, there is help and a way to buy yourself precious time to save your home. It’s called a short sale.
First, as a homeowner, you will need an expert to avoid foreclosure & to communicate with lenders and guide you through the many complicated processes of short sales. Certified specialists take the stress and anxiety out of the equation. You can even save your home! More on this later in the article!
The key is act quickly and get professional help immediately. By acting now you can save your credit, and more importantly you have a strong chance to save your home you worked so hard for.
Avoid Foreclosure: Many home owners who have experienced a life changing event often wrestle with actions to take. Mortgage holder’s (your lender) don’t want to lose their income have no desire to add more properties to their already large inventory. At the same time, home owners don’t want to lose their home or be forced to file for bankruptcy. A solution to all of this heartbreaking problem is first talking to a licensed real estate agent (a certified specialist) and explore the options. A Comparative Market Analysis (CMA) is crucial along with examining the current payment history for both the agent and homeowner to begin the process. Lenders actually prefer you avoid foreclosure, and encourage you to engage in a short sale as they realize you have a chance to save your home vs. selling it.
What is a short sale? These transactions where lenders settles for less than what is still owed on the home. Home owners attempting to avoid foreclosure enlist short sale agents (like us) to place a home on the market for less than their current mortgage note. If a home owner owes $150,000 & the home’s value has declined, then it may only sell for $125,000. A professional short sale agent will work with the lender & negotiate the best possible solution for you. Lenders are willing to accept some loss, the goal being saving you from financial jeopardy, avoiding foreclosure and even save your home.
Good news for homeowners struggling with payments; Short sales do save the considerable negative credit impact of foreclosure and buy you that precious time. Even months! You can keep your home if you manage it during the process. Again, a professional specialist can place valuable time on your side.
The hardest aspect to avoid foreclosure is waiting on lenders to determine if they will concede to a short sale. Most of them will. Add to that, there is pending legislation aimed at “forcing” lenders to make timely decisions within 45 days (HR 6133). While these situations are very common, a homeowner does not have to be in foreclosure to qualify for a short sale. Although short sales are an excellent way to avoid being foreclosed on, these transactions and processes aren’t without obstacles or some risk. Taking advantage of professional agents that can guide you how to avoid foreclosure makes the difference.
Article Source: http://EzineArticles.com/?expert=Gregory_Hancock

How to Overcome the Problem of Foreclosures and Security Clearances

Many people who have government-related jobs need to have security clearances. These jobs are dependent on the people employed to be of the highest moral character because of national security issues. Even local and national law enforcement agencies can be very strict to various degrees about the background of employees.
The employee applying for a job that requires a background check knows that it could take months or longer for his approval. A comment by someone from his past could derail his chances for the job. While these background checks are not perfect, they are an essential part of many government-related jobs.
The financial services industry and insurance carriers are also on the band wagon for scrutinizing potential clients’ or employees’ credit history. While bad things do happen to good people, these institutions and the government have set up criteria.
One of the sticking points of these security checks is whether an individual is financially stable. While checking a credit report, an employer can see if the prospective employee has had a bankruptcy or foreclosure. If this is the case, the candidate will be passed over or, if he is lucky, delegated to a less responsible position.
The mortgage crisis has caused a lot of good people to have bad things happen to them. Most simply bought or refinanced a home at the height of the real estate market and are faced with a property that is worth half or less than they paid. While they are making their payments, they have to question the basic financial decision of whether it makes sense to continue or let the bank take the property back.
Another major group of individuals has lost their jobs, run through their savings and gone into foreclosure. For these people with security clearances, they face the risk of losing their grade or rating because of a pending foreclosure. This lost of “security status” can be devastating because it can take two years or longer to go through the process and all the while the candidate is working in a lower paying position.
The solutions to this problem are to face it head-on and not hide the issue if the employee has a job. The first step is to contact his superior and discuss the problem and show that the loan was sensible at the time it was gotten and that all possible steps have been taken currently to resolve the problem. The burdensome financial obligation that has resulted has to be shown to be in the process of some type of resolution.
The standard resolutions are to sell the property and take a loss, do a loan modification with the lender, rent the property and put in the negative cash flow monthly or do a short sale. Many people take the path of least resistance and keep making mortgage payments they can’t afford, rent the property and take a smaller loss each month or try for a loan modification that is at best, a postponement of the inevitable.
Short sales are becoming more and more popular because they eliminate the financial burden immediately and in most cases do not impact one’s security clearance. The reason is that the homeowner will not be burdened by continuing financial debt. A short sale is where the lender takes a principal reduction on the mortgage balance due so the property can be sold at current market value.
If the lender decides to foreclose, he is faced with trying to sell to the market and face the issues of an empty property that can be vandalized and is a financial liability that impacts the lender’s cash requirements. Therefore, many lenders ask the homeowner to try a short sale so they don’t have to foreclose and lose more money on the loan.
The principal amount the lender has reduced the loan balance and the costs to do the short sale can be either taken back as a personal note to the homeowner, turned into a deficiency judgment for future collection, charged to the homeowner in the form of an IRS Form 1099 C, or written out by the lender as an uncollectable bad debt.
If this situation occurs, most homeowners won’t sign a personal note because they are uninformed about the collectability of this note. The “value” of the note is similar to credit card debt and can be made much more comfortable over the pending payback. The homeowner should not consider a bankruptcy unless he also has substantial other debts to write off.
Consult with a bankruptcy attorney for specific information on whether you qualify and what steps have to be taken to benefit you the most. In addition, your accountant or CPA should be your source of what effects your actions will have on your income and any current regulations that will help your situation.
In summary, the best attack on the problem of keeping a security clearance is to look at doing a short sale. When concluded, the homeowner’s credit is affected but to a substantially lesser degree than a bankruptcy or a foreclosure. This process should substantially reduce security clearance reviews that result in downgrades and potential loss of your job.
In summary, before you do anything, check with the department who runs these security checks and explain your pending issue. Losing your clearance could result in losing your job and another two years to regain it back. Otherwise, your option is to continue making a burdensome mortgage payment or renting the property to reduce the monthly loss or do a shorts sale which should not affect your clearance.
Article Source: http://EzineArticles.com/?expert=Dave_Dinkel

The Shocking Truth about Foreclosures And Deficiency Judgments!

Below is an awesome article I picked up for you to read. It makes a all buch of sense to seek out advice first before acting and trust anyone that could do the job, since we know now that it does not work that way:

There is a real danger lurking around homeowners all over the country, and this malicious entity often leads to mortgage foreclosure and deficiency judgments. Is it a new bank? A new government program hiding behind the facade of a homeowner assistance program? Perhaps even a loan modification organization that caters to homeowners in distress …
No, the real danger to homeowners who need to sell a home is apathy. It occurs after a homeowner has been attempting to sell a home at a price higher than the market will bear but before they are able to close on a short sale that would save the property from going to foreclosure.
This apathy, this feeling that it simply does not matter anymore, often motivates homeowners into abandoning the home and letting the bank foreclose. It often seems like the easiest thing to do. And since some banks are slow at processing foreclosures, it could mean living in your house for several months before you’re required to move out.

But there is a dark side to that plan. It’s called a deficiency judgment.
A deficiency is the difference between what you owe at the time of foreclosure, and the dollars the bank gets after selling the house and deducting all the fees and costs. That includes attorney fees, asset management fees, maintenance and utility costs, repair costs, and selling costs.
Banks can decide to sue for a deficiency judgment at a time most convenient to their agenda, so often it does not occur immediately after the foreclosure sale. And while the subject may not come up during the foreclosure, it doesn’t mean you’re off the hook. They may wait to sue until it appears that you’re back on your feet and have the ability to pay.
The only means to avoid a deficiency judgment are through bankruptcy or effective negotiation with your lenders like we do during a short sale.
Not All Short Sale REALTORS® Are Alike
Unfortunately, avoiding a deficiency judgment isn’t an automatic result of a short sale. Unless your listing agent is a seasoned veteran of the short sale process or works with an attorney who has handled short sales with all the different lenders, you might still find yourself liable. And unless your real estate agent knows how to find the “small print” in the bank’s paperwork to be sure your liability has been released, you could be in for a nasty surprise years after you think that episode in your life is over and done with. Can you imagine still dealing with this home loan 25 years from now?

Thus, eliminating the possibility of a deficiency judgment is one of the most important tasks I perform for my clients. I have a full-time employee/agent dedicated to assisting me to help people get out of the jamb that their home loan has caused, and we are ready to help you determine your best course of action.
If you’re thinking of a short sale, just drop me a note and we can schedule a time to review your own personal situation. Everybody’s is different, and we’ll use our experience to help you make a decision best for you and your family. I’ll be happy to explain the entire process and answer your questions.

Are There Good Reasons for Walking Away From Your House?

Great one to read for better understanding:

With so many homeowners in the US owing more on their mortgage than the house is worth, walking away from your house begins to look like an attractive idea. But is that a good idea? Are there good reasons why you should abandon your home?
Behind on Mortgage Payments
If you are behind on your mortgage payments and have tried but failed to workout a solution with your bank, this may be a situation where your only option is to walk away. You may want to explore some last ditch efforts with your bank like deed in lieu of foreclosure. In this case, the bank takes your house in exchange for not filing foreclosure so you will not then have a foreclosure on your record. You can also explore a short sale option where the bank agrees to let you sell the home and pay them less than what they are owed.
Significantly Underwater
Some areas of the US have been hit the hardest by foreclosures and falling home prices. If you live in one of those areas and your home is significantly underwater, walking away from your house may be a good option. In some areas it is likely to take many years for the housing market to recover. Look at your situation and consider whether or not you expect to even be in your home long enough for that recovery to take place. Again, you may want to explore deed in lieu of foreclosure and short sale options with your bank before making a decision. There is also a government program called the Principal Reduction Alternative (PRA) where you might be able to work with your bank to reduce the amount that you owe on your loan. There are financial hardship requirements for this program so check with your bank to see if this is an option for you.
Major Financial Change
Sometimes unexpected things happen in life like major illnesses, divorce, or significant employment changes. While lenders will sometimes work with you when these changes happen, you have to consider your complete financial picture. If your spouse or partner has a terminal illness, you need to consider whether or not you would be able to afford the home if they pass away. And not just the mortgage payment but the upkeep of the home. Would you even want the home anymore? If you have gotten divorced, this is also a question that you need to consider. In these situations, walking away from your house might be the best financial decision for your family. But again, check with your lender to see if there are options available to you.
Disclaimer: The author is not a financial professional. She does not guarantee the accuracy of the information provided in this article and is not liable for reliance on this information. In using this article, you agree that its information and services are provided “as is, as available” without warranty, express or implied, and that you use this article and the information contained in it at your own risk. You agree that the author has no liability for direct, indirect, incidental, punitive, or consequential damages with respect to the information, services, or content contained in this article.
There are many serious consequences to walking away from your house and it is something that should not be considered lightly. Be sure you understand what those consequences are before you make a decision.
Article Source: http://EzineArticles.com/?expert=Juliana_Montgomery

Is There Any Deficiencies in California…

Well worth the read, picked up this one from one of my favorite news websites:

Good news for California home owners who own a house that is upside down and have more than one loan or lien on title. California Law SB 458 prohibits deficiencies in California Short Sales. What is a deficiency? Stated in plain English a Deficiency is a Short Sale is when the bank comes after the home owner for the amount of money they lost during a Short Sale or a Foreclosure. This was a common practice for many of the banks that required home owners seeking relief through a Short Sale to either sign an Unsecured Note (committing themselves to pay the bank even after they no longer own the home) or the bank “reserved the right to pursue deficiency” after the transaction was closed. The bank would continue trying to collect, even though they approved the short sale. Well that is old news!

Thanks to California La SB 458, also known as SB 458 (Corbett), which was signed into law July 11, 2011 and extends deficiency judgment protection to homeowners completing short sales with junior liens. The law does not require or force banks to approve a Short Sale, but it does require the following three things:
1) it specifically states a short seller cannot be compelled to contribute cash towards the settlement of a junior lien in a short sale,

2) it states that a junior lender cannot require a short seller to sign any further obligations such as a promissory note,

3) it requires all lenders agreeing to a short sale transaction to waive all rights to further deficiency.

The new law expands on short sale anti-deficiency legislation passed last year. Senate Bill 931 (Ducheny) was enacted last year in response to concerns that borrowers could have greater liability after a short sale than after a foreclosure. SB 931 prohibited a lender from obtaining a deficiency judgment as to a first mortgage or deed of trust following a short sale. Since SB 931 only applied to first mortgages, homeowners with more than one mortgage could still be liable to a junior note holder after the short sale.

There are many nuances in short sales, and procedures vary from bank to bank. Internal procedures and systems make some banks much more efficient than others. Of equal importance is to hire the right Short Sale Expert to handle your transaction.

Are Short Sale Incentives Taxable? What About Gift Horses?

I just found this great article and wanted to share it with you:

Have you ever really thought about the phrase, “Don’t look a gift horse in the mouth”? I actually researched it and learned that as horses age, their teeth begin to project further forward each year. Because of this, their age can be estimated by checking how prominent the teeth are. So, what the proverb means is that you should not criticize or cast doubt when something good is offered to you (don’t focus on the horse’s teeth).

That being said, is the short sale incentive something good or could it be a beast of burden?

There are all kinds of incentives available to short sale sellers throughout the United States. Those incentives range from a few thousand dollars all the way up to $35,000 (enough to pay for some of your kid’s college education).

Here’s a summary of the most common incentives available:

Bank of America Cooperative Program: In this program, qualified households that participate in this short sale program will receive $2500 at closing.

HAFA: In this program, qualified households who participate in this program (which has both short sale and deed-in-lieu of foreclosure options) receive $3000 at closing. (Fannie Mae and Freddie Mac also participate in HAFA.)

TAP: In this program, qualified California households that participate in a short sale or deed-in-lieu of foreclosure will receive up to $5000 at closing.

Wachovia: Wachovia Bank frequently sends borrowers letters asking them to participate in a short sale and offering an incentive in the letter. Sellers should read their mail and save the letter so that they can redeem the incentive at closing (usually between three and five thousand dollars).

Litton: Litton Loan Servicing frequently sends borrowers letters asking them to participate in a short sale and offering an incentive in the letter. Sellers should read their mail and save the letter so that they can redeem the incentive at closing (usually between three and five thousand dollars).

Citi and Chase Bank: Both of these mortgage lenders are now sending certain borrowers letters offering them the option of participating in a short sale for a significant incentive (often between 20,000 and 35,000 dollars). Read the fine print on the offer and follow all of the rules in order to receive this incentive at closing.

Now that the incentives are so big, short sale sellers who are getting these big checks are both excited and curious. Not only does the headache of the short sale go away when the deal finally closes, but the pleasure of the big check is exciting. Nevertheless, many short sale sellers are wondering whether the incentive is taxable. That is, does the short sale seller have to pay taxes on the amount of the incentive check just as if this check were income?

While it is difficult to predict whether the bank will actually send a 1099 for the amount of the incentive, it would probably be a good idea for a short sale seller to consult with an accountant before agreeing to the short sale incentive and participating in the short sale. In this case, it may be a good idea to examine the teeth before agreeing to take that gift horse.

Tagged as: Chase Short Sales, HAFA Short Sales, short sale incentive programs

Is Short sale the answer for me?

The bills just keep coming and are piling-up on the kitchen counter. You’re having a harder and harder time keeping up; you’ve given up cable, you’re thinking of cutting off your phone, buying groceries is a “when money is available” event, and soon the mortgage payment will be totally out of your reach. You are not alone; millions of homeowners are financially challenged and desperately struggling to escape the quicksand of their mounting financial burdens. You need an exit strategy, and a short sale might be your best option, but it’s wise to choose an expert you can trust who has the skills and expertise to guide you through the demanding process.
For many distressed homeowners the choice to be made is quite limited; Foreclosure or a Short Sale. Most experts agree that a foreclosure should be avoided at all costs. A foreclosed property is simply taken by the bank and sold at a significant discount, sometimes as low as 40% of the purchase price, and the homeowner is still responsible to pay the difference back to the lender. The nasty word “FORECLOSURE” is stamped on the homeowner’s credit rating, making their financial life extremely difficult in regards to future credit or seeking employment.
A potential alternative to a foreclosure is a short sale where the lender agrees to allow the homeowner to sell the property for less than is owed and the lender takes the proceeds from the sale in lieu of debt. Depending on the agreement the homeowner may or may not be responsible for repaying the balance of the loan to the lender. In addition, if your debt is forgiven, the homeowner may face significant tax liabilities following a successful short sale. Finally, while the homeowner’s credit rating will take a hit because of the short sale, the implications are generally not as dire as when a foreclosure has taken place.
The short sale is not easy. Because every person’s circumstances are different, every short sale is also unique. Typically, a homeowner is required to offer proof that they are experiencing genuine financial hardship before the lender agrees to allow one In addition to the complex rules and negotiations that will take place with both the lender and potential buyers, federal and state short sale laws are constantly changing. If this process weren’t complicated and emotionally-charged enough, there are con artists and scammers who advertise and appear legitimate, but their only goal is to pocket what little money a helpless debtor has left, turning a dire situation into a total financial disaster.
The prospect of a short sale can be a stressful process, and the last thing you need at this point is more stress. That’s why having a qualified and trustworthy Realtor at your side during this demanding time is especially helpful. While a short sell can make the best of an unpleasant situation, it is time consuming and extremely complicated. You need someone who knows their way around the process who can help you approach your lender, guide you through the procedures, and negotiate the best price possible for your home.
When choosing, DO YOUR RESEARCH! Look for realtors who are in good standing with the state where you live. Choose someone with extensive knowledge of short sales. Until recently, many professionals were not familiar with the process, laws and requirements associated with a short sale. Finally, and perhaps most importantly, be on the lookout for those who wish to take advantage of you. An honest Realtor will not typically expect any payment from you until after the sale is complete (and in most cases, their commission will be paid by the lender, not you.)
If you’re looking at a short sale, you are not alone, but with some patience, some care, and some qualified help, you will find a dignified way out of your situation and begin your journey back to financial health and happiness.
Article Source: http://EzineArticles.com/?expert=Peter_Dokken

What Happens After a Foreclosure?

Many people are wondering about what happens after a foreclosure these days. Foreclosure is all too common in these tough economic times. When you find yourself in this situation, finding the answers will be very important. The laws in your state may be unique so start by contacting your government agencies, probably your state’s attorney’s website. They frequently have what you are looking for.
But whatever your state’s specific laws on foreclosure here are the four possible outcomes to this process.
1. The homeowner finds a way to pay off the mortgage usually through refinancing
2. The homeowner sells the property to someone else. If the mortgagee is underwater (owes more than it’s worth) this would be a short sale agreement arranged with the lender.
3. The homeowner voluntarily gives the deed to the lender
4. The lender sells the home at public auction, usually supervised by the court.
As you can see, only one of these options allows for the homeowner to retain possession of the property.
The homeowner can try to refinance the property and pay off the existing mortgage. However with problems meeting the payments already, it is very difficult to do this. Perhaps a foreclosure attorney can help at this point and negotiate a loan modification with the lender.
The lender is likely reporting to credit agencies on a monthly basis regarding the late payments which will result in a lower credit score. Another option may be to work out a new payment arrangement with the lender to get the payments caught up and stay on track.
The homeowner can sell the property to someone else. This can be done at any time up to the day of the sale. You will need to provide the information to the lender immediately to avoid someone else taking possession of your home. However, it is a possibility. This will mean moving out of your home rather quickly after you make the sale.
Up until the day your home is sold at public auction, some states have a redemption period. This will allow the homeowner the ability to attempt to refinance their home or settle the default situation and maintain possession. However, not all states have a redemption period which means that if the home is sold at public auction, they may need to move out quickly after the sale.
If your state allows for a redemption period, the homeowner will have anywhere from a month to a year to find a way to catch up the payments and maintain possession of their home, regardless of the results of the auction. This can provide the homeowner with time to refinance the home and make the payments to a new lender once the financing is complete, retaining ownership of their home. It is likely that you will need special financing to accomplish this task.
When you find yourself in a situation such as this, you will want to try to work things out with the lender to avoid any unnecessary stress and problems that could occur. However, it is important to understand that some lenders are unwilling to communicate with you or make any type of deals to avoid the process. Having a foreclosure attorney at this point can help with negotiations with the lender.
There are a variety of things that will occur at the end of the process. What happens after a foreclosure is determined by many different issues including the state laws and regulations that must be followed. If your state has a redemption period, the lender has no choice but to allow you to maintain possession of the home after the sale for that period of time. To determine what options you have and if there really is a redemption period read your loan agreement that you signed. That’s always a good place to start when trying to determine your options.
Of course an experienced foreclosure attorney is also a good person to have on your side during the foreclosure process.
Article Source: http://EzineArticles.com/?expert=Rick_Hart