Q: What is a short sale?

With real estate prices currently at the 2005 level, many homeowners find themselves needing to sell and owe more than they can sell for. If they have the money to pay the bank for the loss, they will not be considered for a short sale with debt forgiveness. Many sellers can no longer make their payments due to loss their job, recent divorce, failure of business or were a victim of the sub-prime market and need to sell. There is a possibility these distressed homeowners may qualify for debt forgiveness, but need to prove they do not have the money or will not have the money in the future to pay back the debt. The home is listed without any conversation with the lender and a short sale packed including the seller’s financials and hardship letter is prepared. Upon receipt of an offer, the seller signs off on terms, although most terms are not official without lender’s approval. The status becomes “Pending BU Requested” as the lender requires the listing agent to submit all offers until approval. The packet is submitted and is in line for the lender to review. This timeframe roughly takes between one and three months to get a response. The bank orders a BPO, which values the home and is assigned a negotiator to work with the investors and buyer to come to terms. Once the lender approves a price, they send an approval letter with an end date to close by. With Form 22SS, the timeframe for the inspection and financing contingencies begin upon lender approval although can be done prior.

Q: When does the bank become involved?

A: The bank does not talk to the seller or listing agent until there is an offer in hand. The listing price may be far less than the bank is willing to receive initially which commonly confuses the buyer. Once they have an offer, the BPO is done which in turn values the property for the bank. The BPO is current market value done by a local agent. Many times the first buyer walks away as they are not interested in paying the BPO amount. The longer the home sits on the market and the closer the foreclosure date, the lower the price the bank will accept. It is the BUYER'S agent's job to research the seller's financial situation to determine the likelihood of the bank accepting their desired price. I always sit my clients down and explain each scenario and set their expectations correctly so there is no last minute confusion. It is important to understand that the lender will always negotiate, so it is imperative to start your offer below what your walk away price is, similar to any negotiation. Currently, lenders are starting to realize they will make more money on a short sale than if they move forward to foreclosure….but it doesn’t mean they will go down that road. Banks have so many foreclosures on their books one would think that they are more inclined to work with interested buyers before they foreclose.

Q: Do most short sales require the buyer to skip an inspection?

A: It is highly recommended to get an inspection on any home, especially a short sale as many times homeowners in distressed situations do not care for the home as they should. The inspection can be done upon mutual acceptance with the seller to avoid waiting up to three months for lender approval OR can be done upon lender's approval after waiting to avoid paying the $400-$500 inspection cost. The issue is when you find items that need repair. If the seller is in a distressed situation where they need debt forgiveness, the seller is not in a position to make repairs. It is possible to renegotiate with the bank, although under most circumstances, they will not re-negotiate or contribute towards repairs. Either way, the inspection is mainly for the buyer's information to know what condition the home is they are buying and what items will need to be addressed in the future. In addition to perhaps getting an inspection, buyers should do their homework, including but not limited to, checking if any other liens are attached. In some cases, the new buyer may have to make good on these liens.