Tag Archives: Short Sales

Remember Short Sales?

short-salesThere are a lot of new sales associates who were not in the business when short sales were common, and institutional memory can be short.

In the last few months, we’ve seen a rash of short sales come up and we’re finding some sellers who are in a short sale situation and don’t realize it.

A short sale is a home that is available at a purchase price that is less than the amount owed by its current owner, and the owners are considered “distressed borrowers“ due to their financial challenges. They are behind on their mortgage payments, need to sell, and their home is underwater – it is worth less than the outstanding balance on the mortgage.

The transaction benefits the bank by allowing it to avoid repossessing the home in foreclosure, which is expensive and time-consuming. Though their credit may be impacted to varying degrees, the seller avoids the significant credit hit that comes with foreclosure and the bankruptcy that sometimes accompanies it.

Short sales require a lot of extra work by sales associates to facilitate approval by the lien holding institutions, and can take months to complete. Sales associates not experienced in short sales should consult with their managing broker before jumping in with both feet.

Short Sales and Debt Forgiveness

Generic_-_upside_down_houseOne of the more common questions about short sales over the last year has been what Congress is doing about renewing the Mortgage Debt Forgiveness Act and its included Tax Increase Prevention Act of 2014.

Without its renewal, any mortgage forgiveness resulting from a short sale would be counted as income for those sellers who were allowed by their lender to sell their homes for less than their mortgage balance. Being that the average short sale has a debt forgiveness of almost $75,000, that is no small consideration.

Well, last week the House of Representatives passed a 1-year extension, and now it is up to the Senate to act before the new Congressional session begins in January 2015.

Even though short sales have decreased significantly over the last two years, there are still a lot of people who qualify for a short sale. According to an estimate from RealtyTrac, in the first three quarters of 2014, there have been over 170,000 short sales representing $8.1 billion in debt forgiveness.

As always, anyone considering a short sale should consult their tax professional to review how it would specifically impact their taxes.

You can get a PDF of this Title Tip here.

Don’t Forget Your Spouse!

questionrighDon’t cause an unnecessary delay to your closing. Especially on a Short Sale, ask twice if the buyer is married if you see only one name on the contract.

When a contract is submitted to a Short Sale lender, the buyer(s) listed on the contract must be the same as those on the HUD and lender docs.

If, for instance, the wife (buyer) is the only one on contract but the husband needed to be on the loan for financing, the husband must be added to contract, initialed by all parties, and submitted to Short Sale lender for their approval.

If this is done after Short Sale Approval, then a new approval letter must be generated because the HUD will be denied by the Short Sale lender if the names do not match. This will cause a delay in closing.

Though this usually happens when married couples are involved, this rule applies to any change in the buyers’ names between contract and closing.

You can download the PDF for this tip here.

Fannie, Freddie & HAFA

fanniefreddieIn the Short Sale world, the question comes up now and then if FNMA (Fannie Mae) and FHLMC (Freddie Mac) participate in the Home Affordable Foreclosure Alternatives (HAFA) Program.

The short answer is, no. Fannie and Freddie no longer offer the HAFA program. Freddie has a very informative page that outlines their policies that is worth a review, but for Fannie all we have is a verbal “no” from the file managers we talk with. We ask for each file where appropriate, and we consistently receive a “no.”

Here is the executive summary from the above linked site:

“Treasury’s HAFA program ends on December 31, 2013. However, Freddie Mac’s participation in the program expired on December 31, 2012. The materials on this Web page are only applicable to borrower evaluations on Freddie Mac mortgages conducted on or before December 31, 2012. The Freddie Mac Standard Short Sale is available for borrowers evaluated after December 31, 2012.”

If there is a short sale under review from over a year ago (yes, there are some) that is still waiting for approval, depending in lender and circumstance, they should still offer it.

For new applications/submissions however, the files are no longer being reviewed for HAFA.

You can get the PDF of this here.

I Think I Have a Face for Radio

In case you missed it, last month via our friends Angela & Howard’s radio show, “Real Estate Radio,” – our Operations Manager Patricia Raulerson and I had the opportunity to talk for a full hour about what Title Insureance and the role of a Title Company is.

You can catch the full archived show here.