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Common Questions Every Short Sale Sellers Should Never Be Afraid to Ask. 1. What should I do if I can no longer make my mortgage payments?
1. What should I do if I can no longer make my mortgage payments? Remember, it is in your lender's interest to help you find a way to stay in your home if at all possible. Your lender is not interested in owning your home; they simply want repayment of your loan. And because foreclosing is an expensive process for lenders, your lender may be willing to make changes to your loan or repayment schedule if the problem you're having is likely to be temporary. Don't let time run out. 2. How can I find out what my home is worth today? Bear in mind, the sale of your home involves not just paying off your first mortgage, but also satisfying other lien holders (perhaps a second mortgage or equity line of credit) and paying selling expenses such as attorney fees, brokers fees, unpaid taxes, etc. Although your home's value might equal of slightly exceed what you owe your primary lender, net proceeds from the sale might not be enough to repay that lender -- meaning your home sale would be a short sale. 3. Who can qualify for the government-sponsored Making Home Affordable Program?
A key requirement for securing a lender-approved short sale is hardship. That is, you must prove to your lender -- through a hardship letter and supporting financial documents -- that you are unable (not simply unwilling) to pay your mortgage. The hardship letter should clearly explain what happened that resulted in your inability to meet your financial commitments. Perhaps you or your spouse lost a job, or your family faces major medical expenses, or your loan's interest rate rose making mortgage payments unaffordable. In addition, supporting financial documents must prove that you do not have other resources -- investments, savings, etc. -- that could be used to pay your mortgage (rules vary but often retirement funds, such as 401(k), IRA or pension accounts, are not pursued). However, if you have other assets or you are current on your other bills for credit card, cable, phone, car payments, etc., a lender may require a cash payment or promissory not at closing before the lender approves the short sale. Of course, your lender will also look at other factors in making their decision, especially the net proceeds they would accrue should the contract with your buyer go to closing/settlement. On the other hand, the higher the price offered by the buyer, the more likely it is your lender will approve the short sale. Lenders agree to short sales when they believe the proceeds are likely to be higher than expected proceeds from foreclosing on the same property. For example, say a lender can expect to recover only 40% to 60% of a home's market value through foreclosure. That lender may be willing to accept a short sale that nets 80% to 85% of value after all settlement costs are subtracted. While some lenders will negotiate, responding with a counterproposal if they do not like the initial offer price, others will not. To find the perfectly balanced listing price for your short sale, we'll prepare a thorough Comparative Market Analysis (CMA) that factors in the sales prices of comparable, recently sold homes in the area along with the area's pricing trends -- which we keep a close eye on -- in addition to other factors. Getting the listing price of a short sale right serves all parties involved. 6. Would a lender-approved short sale damage my credit? A foreclosure is a court settlement process, involving legal action and possibly attorney fees, that will appear on your credit report for years and dramatically lower your credit score. A lender-approved short sale, on the other hand, is a negotiated settlement with the lender. While it is likely to show up on your credit report, a lender-approved short sale will not lower your credit score nearly as much as a foreclosure. If you have a lender-approved short sale on your credit report -- rather than a foreclosure -- you'll have much better options sooner in terms of buying another home, qualifying for loans or credit cards, securing reasonable interest rates, finding rental housing, even applying for insurance. 7. How would a lender-approved short sale affect my income taxes? That rule changed on December 20, 2007, when President Bush signed into law the Mortgage Forgiveness Debt Relief Act of 2007, which excluded forgiven mortgage debt from taxation -- within limits. The exclusion applies to a taxpayer's principal residence, with the excludable amount limited to $2 million. Initially, this relief was available only for qualified indebtedness forgiven in calendar years 2007 through 2009. However, the Emergency Economic Stabilization Act of 2008 extended the relief time period by another three years, through 2012. Some other restrictions apply; be sure to consult a knowledgeable tax professional for all the details. |
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