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Ins and Outs Of Buying a Short Sale

by The Hat Team

Buying a property through a short sale can be financially beneficial. But you need to go into the process understanding your market! That means having a knowledgeable realtor and attorney.

short saleA homeowner is “underwater” with their mortgage when they owe more than the value of their home. The term “short sale” comes from the situation where the proceeds from a sale are less than, or “short” of, the amount of debt.

Lenders are motivated to allow a short sale when they perceive it will create more net income than a foreclosure. Sellers are motivated because it puts them in more control of timing, and causes less damage to their credit than foreclosure.

For the buyer, a short sale means a purchase price that is discounted from the normal sale price. However, the market situation with short sales is very specific to your state and your market. Here are some trends across the country…

25% of US homeowners with a mortgage are underwater. That is 10.7 million homes! That percentage is down from 28% in September 2012. It is important to note that 8.3 million of those homes are on the edge of being underwater with a LTV ratio of 90%-110%. The other 2.4 million have an average LTV ratio of 125%.

A primary factor helping that downward trend is a decline in investors’ interest in short sales. A decline in investors buying at discount means prices are moving upward. Increasing prices means increases in value, which means increases in equity for the homeowners.

However, according to RealtyTrac.com it will take years, not months, for the 125% LTV owners to recover enough equity to allow them to sell. That means the short sale opportunities are available for a while.

As a buyer of a short sale, be aware the process takes time. All parties have many more documents to review and approve. Your due diligence will take longer. And the process leading to a closing will take longer.

Make sure you are working with a Realtor and an attorney who have experience with short sales in your market. One way to qualify a Realtor is to know they are trained as a Certified Distressed Property Expert (CDPE). That means they have specific training in streamlining short sales. It is not mandatory, but it is a valuable credential.

At least, make sure your Realtor and attorney have actual experience with short sales. Go into the process with a lot of patience.

Information courtesy of Montgomery AL Realtor Sandra Nickel, Sandra Nickel Hat Team.

Debt Relief = Income

by The Hat Team

 

Mortgage Relief.pngMany times a homeowner might feel relieved being out from under the obligation of a mortgage they can’t afford even though the property was lost due to foreclosure or short sale. If a lender cancels or forgives debt, a taxpayer must include the cancelled amount in their income for tax purposes depending on the circumstances. The tax significance could be serious.

Congress enacted the Mortgage Relief Act specifically to help homeowners who might be affected in the housing crisis that started approximately in 2007. The Act expired on 12/31/12 but was temporarily extended by Congress until December 31, 2013.

This relief only applies to a taxpayers’ principal residence which does not include second homes and investment property. The maximum amount is limited to $2 million of mortgage debt forgiveness or $1 million if filing separately.

Another provision is that the debt relief is limited to acquisition indebtedness used to buy, build or improve the property. It excludes cash equity loans whether made separately or in a refinance of the original mortgage.

Due to the serious consequences involved in short sales and foreclosures, it is advised that homeowners faced with this possibility should seek expert advice from their legal and tax professionals.

Montgomery AL Foreclosure Update

by The Hat Team

Foreclosure litigation is on the rise as borrowers are increasingly challenging foreclosures because mortgagees continue to struggle proving mortgage ownership,” says MortgageDaily.com’s partner Pat McManemin. “Repurchase and secondary market litigation is also increasing as institutions fight over responsibility for the substantial losses suffered by the holders of these loans.”

Foreclosure timelines have soared over the past year, with the average loan in foreclosure having been delinquent for a record 587 days as of June, according to Lender Processing Servicers. Slower processing has increased inventories of foreclosureforeclosures, both listings and “shadow” inventories, in markets across the nation. Concern over litigation is often cited as a contributing factor increasing the time it takes to process a foreclosure.

Short sale transactions of Montgomery AL foreclosures have long been problematic for buyers and sellers alike, with typical approval times of several months after a homebuyer first submits an offer. Factors slowing down short sale approvals and causing short sales to be less popular with first-time buyers include lost paperwork, coordination with multiple investors, slow appraisals, and mortgage servicer understaffing.

Because millions of homeowners share a feeling of helplessness, not knowing where they stand with their bank and not understanding the foreclosure process, a new resource called the Foreclosure Defense Academy aims to rescue these homeowners from their information abyss.  The assistance began with an educational webinar on Sept. 22 – 24, when viewers learned learn how to navigate their own foreclosure situation even without legal representation.

Topics covered in this online event included the securitization of loans and how it effects over 60 million mortgages today and explanations of how homeowners can navigate the foreclosure process to level the playing field with their bank. For homeowners of Montgomery AL real estate currently working with legal representation, the webinars helped them become an active participant in the process.

Search all Montgomery AL Real Estate And Homes For Sale.

Sandra Nickel and the Hat Team have distinguished themselves as leaders in the Montgomery AL real estate market. Sandra assists buyers looking for Montgomery real estate for sale and aggressively markets Montgomery AL homes for sale. Sandra is also an expert in helping families avoid foreclosure through short sales and is committed to helping families in financial hardship find options. For more information you can visit AvoidForeclosureMontgomery.com.

You can reach Sandra by filling out the online contact form below or give her a call anytime.

Montgomery Foreclosure Statistics

by The Hat Team

There are 1,336 Montgomery foreclosure homes for sale with 162 new foreclosures in January 2010. The average selling price of a Montgomery home is $177,628 and the average foreclosure selling price is $145,404, a $32,224 savings, according to RealtyTrac.com.

Montgomery Foreclosure Activity and Home Price Index

Home price appreciation remained the same in January while the number of new Montgomery foreclosure homes dropped to 162.

montgomery foreclosure

Montgomery foreclosure activity is based on the total number of properties that receive foreclosure filings - default notice, foreclosure auction notice or repossession notice - each month. Home price appreciation is based on month-over-month percentage change of the Home Price Index. The Home Price Index is calculated from home sales records.

Montgomery Foreclosure Geographical Comparison

Montgomery foreclosure activity is 0.09% lower than national statistics and 0.08% higher than Alabama statistics.

montgomery foreclosure

Montgomery Foreclosure Activity by Month

The number of Bank-Owned properties increased from 86 in December to 123 in January. The number of Auctions decreased from 106 to 39. The 6-month trend reflects an increase in Montgomery foreclosures.

montgomery foreclosure

Are you or someone you know behind on mortgage payments and facing a Montgomery foreclosure? You do have options. A short sale may be the answer to saving you, your family and your home. I am a Certified Distressed Property Expert (CDPE) with specialized training in helping families avoid foreclosure. Give me a call for a private consultation.

Montgomery Foreclosure Statistics - November 2009

by The Hat Team

There are 1,207 Montgomery foreclosure homes for sale with 180 new foreclosures in November 2009. The average selling price of a Montgomery home is $179,504 and the average foreclosure selling price is $116,951, a $62,553 savings, according to RealtyTrac.com.

Montgomery Foreclosure Activity and Home Price Index

montgomery foreclosure

Montgomery foreclosure activity is based on the total number of properties that receive foreclosure filings - default notice, foreclosure auction notice or repossession notice - each month. Home price appreciation is based on month-over-month percentage change of the Home Price Index. The Home Price Index is calculated from home sales records.

Montgomery Foreclosure Geographical Comparison

Montgomery foreclosure activity is 0.05% lower than national statistics and 0.07% higher than Alabama statistics.

montgomery foreclosure

Montgomery Foreclosure Activity by Month

The number of Bank-Owned properties increased from 74 in October to 79 in November. The number of Auctions decreased from 127 to 79. The 6-month trend reflects an increase in Montgomery foreclosures.

montgomery foreclosure

Are you or someone you know behind on mortgage payments and facing a Montgomery foreclosure? You do have options. A short sale may be the answer to saving you, your family and your home. I am a Certified Distressed Property Expert (CDPE) with specialized training in helping families avoid foreclosure. Give me a call for a private consultation.

Ins And Outs Of Montgomery Short Sales

by The Hat Team

If you're thinking of selling your Montgomery home, and you expect that the total amount you owe on your mortgage will be greater than the selling price of your home, you may be facing a short sale. A short sale is one where the net proceeds from the sale won't cover your total mortgage obligation and closing costs, and you don't have other sources of money to cover the deficiency. A short sale is different from a foreclosure, which is when your lender takes title of your home through a lengthy legal process and then sells it. 

montgomery home, short sale1. Consider loan modification first. If you are thinking of selling your Montgomery home because of financial difficulties and you anticipate a short sale, first contact your lender to see if it has any programs to help you stay in your home. Your lender may agree to a modification such as: 

  • Refinancing your loan at a lower interest rate
  • Providing a different payment plan to help you get caught up
  • Providing a forbearance period if your situation is temporary 

When a loan modification still isn't enough to relieve your financial problems, a short sale could be your best option if 

  • Your property is worth less than the total mortgage you owe on it.
  • You have a financial hardship, such as a job loss or major medical bills.
  • You have contacted your lender and it is willing to entertain a short sale. 

2. Hire a qualified team. The first step to a short sale is to hire a qualified real estate professional* and a real estate attorney who specialize in short sales. Interview at least three candidates for each and look for prior short-sale experience. Short sales have proliferated only in the last few years, so it may be hard to find practitioners who have closed a lot of short sales. You want to work with those who demonstrate a thorough working knowledge of the short-sale process and who won't try to take advantage of your situation or pressure you to do something that isn't in your best interest. 

A qualified real estate professional can: 

  • Provide you with a comparative market analysis (CMA) or broker price opinion (BPO).
  • Help you set an appropriate listing price for your home, market the home, and get it sold.
  • Put special language in the MLS that indicates your home is a short sale and that lender approval is needed (all MLSs permit, and some now require, that the short-sale status be disclosed to potential buyers).
  • Ease the process of working with your lender or lenders.
  • Negotiate the contract with the buyers.
  • Help you put together the short-sale package to send to your lender (or lenders, if you have more than one mortgage) for approval. You can't sell your home without your lender and any other lien holders agreeing to the sale and releasing the lien so that the buyers can get clear title.  

3. Begin gathering documentation before any offers come in. Your lender will give you a list of documents it requires to consider a short sale. The short-sale "package" that accompanies any offer typically must include 

  • A hardship letter detailing your financial situation and why you need the short sale
  • A copy of the purchase contract and listing agreement
  • Proof of your income and assets
  • Copies of your federal income tax returns for the past two years 

4. Prepare buyers for a lengthy waiting period. Even if you're well organized and have all the documents in place, be prepared for a long process. Waiting for your lender's review of the short-sale package can take several weeks to months. Some experts say: 

  • If you have only one mortgage, the review can take about two months.
  • With a first and second mortgage with the same lender, the review can take about three months.
  • With two or more mortgages with different lenders, it can take four months or longer.  

When the bank does respond, it can approve the short sale, make a counteroffer, or deny the short sale. The last two actions can lengthen the process or put you back at square one. (Your real estate attorney and real estate professional, with your authorization, can work your lender's loss mitigation department on your behalf to prepare the proper documentation and speed the process along.)

5. Don't expect a short sale to solve your financial problems. Even if your lender does approve the short sale, it may not be the end of all your financial woes. Here are some things to keep in mind: 

  • You may be asked by your lender to sign a promissory note agreeing to pay back the amount of your loan not paid off by the short sale. If your financial hardship is permanent and you can't pay back the balance, talk with your real estate attorney about your options. 
  • Any amount of your mortgage that is forgiven by your lender is typically considered income, and you may have to pay taxes on that amount. Under a temporary measure passed in 2007, the Mortgage Forgiveness Debt Relief Act and Debt Cancellation Act, homeowners can exclude debt forgiveness on their federal tax returns from income for loans discharged in calendar years 2007 through 2012. Be sure to consult your real estate attorney and your accountant to see whether you qualify. 
  • Having a portion of your debt forgiven may have an adverse effect on your credit score. However, a short sale will impact your credit score less than foreclosure and bankruptcy. 

If you ar someone you know is in financial distress, selling your Montgomery home through a short sale may be the right move for you. Give us a call for a private consultation.

Note: This article provides general information only. Information is not provided as advice for a specific matter. Laws vary from state to state. For advice on a specific matter, consult your attorney or CPA. 

Reprinted from Realtor Magazine with permission of National Associatin of Realtors.

 

Montgomery Real Estate Podcast-August 2008

by The Hat Team

The Montgomery Real Estate Podcast




This month's edition covers Montgomery real estate market activity and then we will discuss today's Short Sale programs.

Features special guest Terri Murphy of US Learning.

Also read:

Montgomery Real Estate: Short Sale Tips
Montgomery AL Real Estate Podcast
Montgomery AL Real Estate Podcast

Top 10 Montgomery Short Sale Questions…Answered

by The Hat Team

Are you in a crunch and considering selling your home by means of a short sale...but have lots of questions? Below are the Top 10 Montgomery Short Sale Questions…Answered

Number 10  I can't make my house payments, but I do have an ability to pay back all or part of the negative equity. Also, I want to preserve my credit score...is a short sale right for me?  

Probably, not. In cases where the seller can pay back all or part of the negative equity (usually to the 2nd lien holder), it makes sense for them to work out a repayment plan. The lender will then release the lien and allow the home to close.

Number 9  If I pay mortgage insurance and default on my loan, why wouldn't that cover the deficiency amount? 

The mortgage insurance is not there for your protection, just the mortgage lender's.

Number 8  Do I have to have my home "Approved" by the lender prior to offering it for sale as a short sale. 

No. Technically speaking there is no such thing as being "Short Sale Approved." The actual approval only happens with an accepted offer.

Number 7  I just missed a payment and I know I will miss more...how long does the foreclosure process take and is there time to do a short sale? 

The foreclosure process takes differing times depending on your state.  In the Midwest a foreclosure can take over a year. In California its taking 6+ months.  Generally speaking a well priced short sale being processed by an educated Montgomery short sale listing agent will sell and close in less than 120 days.

Number 6  Will I still have to pay property taxes if I do a short sale? 

Property taxes will always have to be paid as part of any accepted short sale. Whether it's you or the lender, it depends on their policies and the specific agreement you reach while negotiating the short sale.

Number 5  I owe more than my home is worth and I can't make the payment. Do I have to somehow qualify for a short sale? 

The simple answer is NO. If someone can't make their payment and they are otherwise insolvent, they qualify for a short sale. Note: insolvent simply means their total debts are great than their assets.

Number 4  Do I have to pay income taxes...I have heard that I will get a 1099. Will the loss the bank takes be treated as a taxable gain to me...the seller...is this true? 

It WAS true, now it's not. Consult your Tax Attorney or Qualified CPA.  Very recently the tax law was modified and now most people who do a short sale will have no taxes due.

Number 3  How do you, my listing agent get paid...who pays your commission? 

The bank will pay the commission along with all the other usual closing costs.

Number 2  Do I have to miss a payment to do a Short Sale? 

No. Late last year most major lenders started accepting short sale offers from sellers who have never missed a payment.

Number 1  I want to do a short sale and have a 2nd mortgage, does this make me ineligible? 

No. Both of your lenders will need to be satisfied in some way to complete the short sale. If your first lender will be paid off by the sale, then you just negotiate the terms with the second lender. Most short sales do involve 1st and 2nd lien holders. 

Article courtesy of:  Tim and Julie Harris, www.AgentShortSaleSecrets.com

If you would like more information about short sales or Montgomery real estate, visit our website, HatTeam.com or give us a call at 800-428-5239 for more personalized service. Interested in the current market value of your home? Visit MontgomeryHomeInfo.com. Your home valuation will be emailed to you.

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