Orlando Short Sale Q and A… Ask The Expert       

Q and A with Jenny Zamora, RE Broker, Orlando Short Sale Expert                    

Q- My house is worth less than what I owe on the mortgage and there’s no way I can afford to continue making payments on it because I lost my job and I’m only working part-time now. Can I ask my bank for a short sale?

A- Before I begin speaking about Orlando Short Sales, you should be aware that there are other options available to you if you want to try and keep your home. If this is the case, you should contact your lender and ask them if they would be willing to consider a loan modification on your loan. A loan modification is just that….a modification to the terms of your loan so that you can afford to make the payments. Even after pursuing a loan modification, many homeowners find out that the bank’s terms are even worse than before and opt for pursuing a short sale instead.

Assuming that you’ve already decided that you want out of the situation and sell your house, you can ask your lender if a short sale is an option that they would consider. I would strongly suggest that you contact an Orlando Short Sale Expert to help you with this. Most realtors don’t like doing short sales because of the amount of all the extra work involved so make sure that you find one that lives eats and breathes short sales. Your Orlando realtor can give you an estimate of how much your home is worth in today’s market so that you know exactly where you stand before approaching your bank. Your short sale realtor should also be a skilled negotiator to ensure you get the best chance at a successful short sale. Negotiating with the bank as well as prospective buyers is a common part of the short sale process.

Q- How does the short sale process work?

A- A short sale happens when your mortgage lender is willing to accept less than the full mortgage payoff on your loan. You’ll need to provide your lender with some documentation like financials, a list of assets, and a complete explanation in writing of why you can no longer afford to continue making your mortgage payments AKA a “hardship letter”.Once your realtor has submitted the entire short sale package to the bank and they agree to a short sale, you’ll be required by the bank to list the property for sale with your Realtor for market value.

Q- How long does a short sale take?

A- Unfortunately, short sales are anything but short. Banks don’t like taking a loss, so don’t expect them to be in a rush to help you get out of the situation. In addition to negotiating with your lender, your Realtor will also be negotiating with potential buyers and buyer’s agents trying to get the deal done. You have to remain patient when it comes to processing a short sale.

Q- What are the tax implications if I do a short sale?

A- The Internal Revenue Service considers a debt that has been forgiven as income. This means that if you paid your lender $110,000 through a short sale and you owed $180,000, the unpaid balance of $70,000 would be considered income. In 2007 the Mortgage Forgiveness Debt Relief Act of 2007 was instated to help homeowners who lost their homes through short sale or foreclosure by waiving the income tax implications on the forgiven debt. Unfortunately for today’s distressed homeowners, this Act expired in late 2013. This means that you will more than likely be responsible for paying income tax on the debt that was forgiven by your lender through the short sale.

Q- How will a short sale affect my credit?

A- The good news is that a short sale will have much less of a negative impact on your credit than a foreclosure or bankruptcy. However, depending on the number of late payments you have on your mortgage, your credit will still be significantly affected and it will probably be a few years before you can get another mortgage.

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Alternatives To Short Sale

Alternatives To Short Sale Video

 

If your lender doesn’t agree to a short sale on your house, there are several other options available to you.
One option would be a “deed in lieu “, which is basically a voluntary foreclosure and all that happens is that you sign the property back over to the bank without going through the whole legal process involved with a foreclosure. You should be aware however that a deed in lieu will show up on your credit as a foreclosure.

 

Another option available to you, if you’re interested in trying to keep your house is a loan modification.  A loan modification is when we try and get the terms of your loan adjusted so that you can afford to keep your home. We do this by either getting your payment reduced or reducing the principal balance or both.

 

Bankruptcy is also an option to avoid foreclosure. There are 2 different types of bankruptcies, a chapter 7 and chapter 13. In this case you would need to talk to a Bankruptcy attorney, and most of them will give you a free consultation on the initial visit.

What if you just let your house go to foreclosure?

 

I would highly recommend that you don’t take this approach because you are just giving up, and when you give up then you’re giving up all control of your situation to the bank and then they can do what they want at that point.

 

Also, don’t think that just because you let it go to foreclosure, that you will be free of that debt. Actually the opposite will probably happen and the bank will hit you with a deficiency judgment for the difference between what you owe and what the property sold for at the auction.

 

So please if you find yourself in this situation, consult with a licensed real estate professional figure out what your best option is and take action.

 

Feel free to call us at 407-902-7750 or visit us at https://orlandorealtyconsultants.com/short-sales/

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When Short Sales Fall Short

There are no guarantees in life and when it comes to negotiating Orlando short sales, this is especially true. Although lenders have come a long way in terms of approving more short sales, easing up on their guidelines, and even offering cash incentives to homeowners that are willing to cooperate, there are still when can fall apart. These are some of the most common reasons why short sales fall apart.

 HOA Bullies and Short Sales

Delinquent HOA fees are one of the biggest reasons for a short sale not getting approved. Many times the lender in 1st position will only allow the homeowners association to receive 12 months of payments as a settlement. Unfortunately, sometimes delinquent HOA fees can be in the tens of thousands of dollars and they would rather let the home go to foreclosure than to take such a big hit. And If you can’t get either side to budge then the deal will not happen.

 

Stubborn Junior Lien Holders

The 1st mortgage holder in a short sale is always in the first position with the exception of tax liens. Typically, all lenders will only allow a fraction of what is owed to be paid to junior lien holders like 2nd and 3rd mortgages. The problem is that not all second lien holders are willing to negotiate and if they are willing to take a discount, it’s still not enough to please the 1st mortgage holder. Unlike HOA liens that will be paid 12 months of fees if the house goes to foreclosure, a junior lienholder could potentially end up with nothing if the house goes to auction.

Bad BPO’s

A BPO aka “brokers price opinion” is a report completed by a local broker or realtor who comes out to the home and gives their opinion of what the home is worth. The BPO then becomes the starting point of the negotiations between the listing agent and the short sale lender. It seems that lately there’s been a rash of bad BPOs. When the BPO value comes in too high then the home will be overpriced and have little or no chance to be sold. If this happens, then your only chance of making something happen is to convince the bank to order another BPO.

 

 Lenders In Denial

After all the progress that’s been made in the short sale industry, there are still lenders out there that choose to remain stubborn about accepting short sales. It makes absolutely no sense to me at all. For some reason, lenders have trouble realizing that if they don’t negotiate, they end up losing a lot more money than they need to. They have to pay attorneys big money to take a property through foreclosure and if it does get sold at public auction, it ends up selling for much less than what’s owed anyway!

 

 

Orlando short sale expert

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