SHOULD YOU USE AN ATTORNEY TO DO A SHORT SALE

SHOULD YOU USE AN ATTORNEY TO DO A SHORT SALE?

   In some instances yes, and that is why we have teamed up with some of the best attorney’s in the nation to help homeowners fight back against the banks, and have their rights and laws explained to them clearly. I started doing short sales in 2004, and at that time many banks forgave almost every homeowner for the difference (deficiency) between what was owed and what the homeowner sold the home for. But in the past year and some months, different banks have taken the position that they will no longer forgive homeowners for this deficiency amount, and it has become a legal battle between the homeowner and the banks attorneys to get this amount forgiven. Real estate agents, including myself are not always qualified to deal with the banks legal department to get this deficiency waived. Case  and state statutes need to be assessed and debated with the legal department, and many times BK needs to be threatened or filed in order to get the bank to bend, I as a real estate broker am not qualified to do this.

   So while some banks are forgiving people this deficiency amount, other are not, and it is imperative that you work with a real estate broker who knows which banks are doing this and have alliances with attorneys who can help you. If you would like a free hour consultation with an attorney that specializes in this area, please call me and I will arrange everything for you.

ALTERNATIVES TO FORECLOSURE

Alternatives to Foreclosure

So, your house is in foreclosure… now what?!?  Try to look at the situation without attaching your emotions.  If viewing the situation from a strictly business viewpoint, you can more successfully analyze which option might best suit your needs and desires and move you towards resolving your financial difficulty.  One very important thing to remember: Time is of the essence, so sit and take serious thought of your situation and take quick action in order to allow yourself enough time to complete the chosen process.

Nine options when facing Foreclosure

1. Do Nothing – If a homeowner does nothing, they most likely will lose their home at foreclosure auction.  Loan applications generally ask if the applicant has ever been foreclosed upon.  Credit reports also disclose this damaging information. Not the best option.

2. Payoff/Refinance – Completely paying off the entire loan amount plus any default amount and fees.  Usually this is accomplished through a refinance of the debt.  New debt is at a normally higher interest rate and there may be a prepayment penalty because of the recent default.  With this option, there should be equity in the home.

3. Reinstatement – Paying the entire default amount plus interest, attorney fees, late fees, taxes, missed payments and fees.

4. Loan Modification – Utilizing the existing mortgage company to refinance the debt or extend the terms of the loan.  This may allow the homeowner to catch up at a more affordable level.  To qualify, you must prove to the lender you have fixed the problem that caused the late payment.

5. Forbearance – Lender may be able to arrange a repayment plan based on the homeowner’s financial situation.  The lender may even be able to provide a temporary payment reduction or suspension of payments.  Information will be required from the lender to show that you are able to meet the new payment plan requirements.

6. Partial Claim – A loan from the lender for a 2^nd loan to include back payments, costs and fees.

7. Deed in Lieu of Foreclosure – Give the property back to the bank instead of the bank foreclosing.  Banks generally require the home be well maintained, all mortgage payment and taxes must be current.  Most loan applications ask if this has ever happened.

8. Bankruptcy – This option can liquidate debt and/or allow more time.  I can refer you to a qualified bankruptcy attorney.

• Chapter 7 (Liquidation) To completely settle personal debt.
• Chapter 13 (Wage Earner Plan) Payments are made toward a plan to pay off debts in 3-5 years.
• Chapter 11 (Business Reorganization) A business debt solution.

9. Sale – If the property has equity (money left over after all loans and monetary encumbrances are paid). The homeowner may sell the home without lender approval through a conventional home sale.  In this case, the homeowner will get cash from the sale.  On the other hand, a Short Sale, also known as a pre-foreclosure sale, can be negotiated with your lender by your Real Estate Professional if what is owed is MORE than the property’s value.