Short Sale
CALL
Wes Nygaard or Olen Miller
360.733.3030
Necessary to sell your home 'short' of the monies that are currently owing on the mortgage?
You have options, however:
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Priority 'one' is to contact your lender, explain your situation. They understand, they will assist you. Your lender will let you know what your next moves should be. Your lender should encourage you to contact an attorney.
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Priority 'one' contact an attorney in your area who is knowledgeable, has previously assisted home owners with issues like what you are currently experiencing.
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After you have contacted your lender and or an attorney, follow their directions as closely as possible, time is of the essence. It may be that your lender or attorney has knowledge of current programs that will assist so you may not need to conduct a short sale of your property.
If you have questions or would like to speak with a Real Estate Professional that has knowledge regarding
Short Sales,
Cooperative Short Sales, has previously conducted successful
Short Sales and
Cooperative Short Sales, call Olen or Wes.
Below is a partial list of words and phrases, with definations, you will hear as you begin your interactions with your lender and or attorney.
Short Sale - Cooperative Short Sale - Foreclosure - Real Estate Owned - Deed In Lieu
A short sale is the sale of real estate in which the sale proceeds fall short of the balance owed on the property's loan. It occurs when the borrower cannot pay the currently existing loan on the property; however, the lender will decide that selling the property at a loss is better than pressing the borrower. Both parties consent to the short sale process, because it allows them to avoid foreclosure. This short sale agreement does not necessarily release the borrower from the obligation to pay the remaining balance of the loan, known as a deficiency.
The Cooperative Short Sale has been built around the typical Short Sale; however, Bank of America has taken initiative to begin the Cooperative Short Sale program. This is a proactive program extended to customers that have been unable to qualify for the current home retention programs, or do not qualify for a workout program. The home owner's property will be listed at the fair market value, Bank of America works with the customer and agent throughout the entire marketing period. When an offer is received, the bank will be in a position to approve the sale within two weeks. The program is in a limited test market stage, Bank of America would like to expand it soon. The BoA program is a forward thinking program, getting all the necessary legwork and paperwork completed at the beginning of the process, not at the end portion of the transaction. The Cooperative Short Sale is a definite step in the right direction.
Foreclosure: Process that allows the lender to recover amounts owed on a defaulted loan by selling or taking ownership (repossession) of the property securing the loan. Foreclosure begins when a borrower or owner defaults on the loan payments and the lender files a public default notice, called a Notice of Default or Lis Pendens. The foreclosure process can end one of four ways:
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The borrower/owner can reinstate the loan by paying off the default amount during a grace period determined by state law. The grace period is known as pre-foreclosure.
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The borrower/owner sells the property to a third party during the pre-foreclosure period. The sale allows the borrower/owner to pay off the loan thus avoiding a foreclosure on their credit history.
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A third party purchases the property at a public auction at the end of the pre-foreclosure period.
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The lender takes ownership of the property, the intent here is to re-sell it on the open market. The lender can take ownership through an agreement with the borrower/owner during the pre-foreclosure, via a short sale foreclosure or by buying back the property at the public auction. Properties repossessed/taken back by the lender are also known as bank owned or as an REO - Real Estate Owned - owned by the lender.
Deed in lieu of foreclosure is voluntary instrument in which the borrower conveys all interest in the real property to the lender to satisfy a loan that is in default, thus avoiding foreclosure proceedings. Deed in lieu of foreclosure has many advantages to both the borrower and lender. The largest advantage to the borrower is that it immediately releases them from most or all of the personal indebtedness associated with the defaulted loan. The borrower also avoids the public exposure of the foreclosure proceeding. An additional benefit to the borrower is that it has less effect on their credit than a foreclosure would. The advantages to the lender: reduction in the time and cost of repossession, lower risk of borrower revenge damaging the property, additional advantages should the borrower subsequently file for bankruptcy.