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SHORT SALE NEGOTIATION
[object Object]
Under a short sale, a lender must agree to accept less than the amount that is owed on the property.What is a Short Sale?
NO!    	This is a common mistake and Sellers do not need to be in default for a short sale to occur.  Is Default Necessary?
[object Object]
Hardship letter.
Last 2 paystubs for all working borrowers, including any benefits you may be receiving.
Last 2 years tax returns.
Last 2 months bank statements.
Last 6 months of Profit and Loss statement (if self employed)
Authorization to disclose personal information.Understanding the Short Sale Process?
[object Object]
This statement of facts describes how you got into this financial bind and makes a plea to the lender to accept less than full payment.
Lenders are not inhumane and can understand if you lost your job, were hospitalized or a truck ran over your entire family, but lenders are not particularly empathetic to situations involving dishonesty or criminal behavior.Hardship Letter
[object Object]
If you are working with a real estate agent, closing agent, title company or lawyer, you will receive better cooperation if you write a letter to the lender giving the lender permission to talk with those specific interested parties about your loan.
This process can sometimes be a long one so calling the lender personally and stating that ABC company is able to view your account can help shed a few days when necessary and directed by your negotiatorWhat is the Letter of Authorization Used For?
[object Object]
Should they call you, inform them you have a third party agent handling this transaction and they should speak with us from here on out.   Point of Information
Should you request a Loan Modification prior to Short Sale? NO!  Problems with Loan Modifications: ,[object Object]
Banks are not required to reduce the principal balance of a loan therefore the chances of the loan modification become highly unlikely for residents of South Florida to qualify.,[object Object]
The income must be verified

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Short Sale Pp (2)Rw

  • 2.
  • 3. Under a short sale, a lender must agree to accept less than the amount that is owed on the property.What is a Short Sale?
  • 4. NO!   This is a common mistake and Sellers do not need to be in default for a short sale to occur. Is Default Necessary?
  • 5.
  • 7. Last 2 paystubs for all working borrowers, including any benefits you may be receiving.
  • 8. Last 2 years tax returns.
  • 9. Last 2 months bank statements.
  • 10. Last 6 months of Profit and Loss statement (if self employed)
  • 11. Authorization to disclose personal information.Understanding the Short Sale Process?
  • 12.
  • 13. This statement of facts describes how you got into this financial bind and makes a plea to the lender to accept less than full payment.
  • 14. Lenders are not inhumane and can understand if you lost your job, were hospitalized or a truck ran over your entire family, but lenders are not particularly empathetic to situations involving dishonesty or criminal behavior.Hardship Letter
  • 15.
  • 16. If you are working with a real estate agent, closing agent, title company or lawyer, you will receive better cooperation if you write a letter to the lender giving the lender permission to talk with those specific interested parties about your loan.
  • 17. This process can sometimes be a long one so calling the lender personally and stating that ABC company is able to view your account can help shed a few days when necessary and directed by your negotiatorWhat is the Letter of Authorization Used For?
  • 18.
  • 19. Should they call you, inform them you have a third party agent handling this transaction and they should speak with us from here on out.   Point of Information
  • 20.
  • 21.
  • 22. The income must be verified
  • 23. No assets can be shown in your bank accountA SHORT SALE WILL give the owner a FRESH START!!!!!!!! More Problems:
  • 24.
  • 25. How much will the Sellers credit score change in a foreclosure compared to a short sale?
  • 26. Answer: 200 to 300 points for both – There is no credit score advantage to a short sale or a foreclosure.  Short Sale Compared to Foreclosure:
  • 27.
  • 29. Also, a Borrower is not eligible for an FHA mortgage if a previous residence went into foreclosure within the most previous 3 years. Short Sale does have one key advantage:
  • 30.
  • 31. Example: Buy via a lease with an option to buy. This is the quickest way for them to get back into the ranks of homeownership.
  • 32.
  • 33. And, after a foreclosure the banks have a right to a DEFICIENCY Judgment Short Sale vs. Foreclosure: Financial Effects
  • 34.
  • 36. The unpaid mortgage is $100,000;
  • 37. The foreclosure only produced $80,000;
  • 38.
  • 39.
  • 40. The unpaid mortgage is $100,000;
  • 41. The fair market value of the property is $80,000;
  • 42. Assume that the creditor accepts a short sale on the property at $80,000
  • 43. The mortgage is then released but $100,000 (Mortgage) less $80,000 (sale price) leaves a $20,000 excess that the seller would then have to take as income.
  • 44. This income would be realized even though the taxpayer received no "cash" at the time of the discharge. Are there any NEGATIVE Effects to a Short sale?
  • 45.
  • 46. Defined: A written document in which the borrower agrees (promises) to pay back money to a lender according to specified terms at a future time, unconditionally. Promissory Note
  • 47.
  • 48. Mortgage Forgiveness Debt Relief Act of 2007
  • 49. This ACT generally allows taxpayers to exclude income from the discharge of debt on their principal residenceONLY.
  • 50. Known as The Qualified Principal Residence Indebtedness:
  • 51. The maximum amount of forgiveness is 2 Million and 1 Million if married filing. Can the borrower avoid the Tax Implications?
  • 52.
  • 53. YES!!  Can the borrower avoid paying the Promissory Note?
  • 54.
  • 55.
  • 56. However, some of your property might be sold, or liquidated, to pay off some unsecured debts.
  • 57. But, some property cannot be sold to pay your unsecured debt, and this usually includes your home, your car, and any other property you have that is collateral for a loan.   The only answer at this stage is Bankruptcy.
  • 58.
  • 59. This will not be allowed by The Bankruptcy Court. Example: