A short sale is a real estate transaction where the seller sells
their property for less than the amount they owe on their mortgage. The lender
agrees to take the sale proceeds as full payment of the debt, even though it is
less than the balance due. A short sale can help the seller avoid foreclosure
and the lender avoid the expenses and risks of owning and selling a distressed
property in the Rio Grande Valley TX.
Who are the Parties to a
Short Sale?
The parties involved in a short sale are:
- The seller: The homeowner who is facing
financial hardship and cannot afford to keep paying their mortgage. They
may have experienced job loss, divorce, medical emergency, or other life
events that affect their income and expenses. They may also have negative
equity in their property, which means they owe more on their mortgage than
their property is worth.
- The lender: The bank or financial institution
that holds the mortgage on the property. They have the final say on
whether to accept or reject a short sale offer. They may also require the
seller to provide evidence of hardship, such as income statements, bank
statements, tax returns, and hardship letters. They may also ask the
seller to pay some money to cover the shortfall or sign a promissory note
to repay some of the debt after the sale.
- The buyer: The person who wants to buy the
property at a reduced price. They may be an investor, a first-time
homebuyer, or someone looking for a bargain. They may have to wait longer
than usual for the lender to approve the short sale, and they may have to
deal with multiple liens, title issues, or repairs on the property.
- The realtor: The licensed professional who
represents either the seller or the buyer in the short sale process. They
may also act as an intermediary between the parties and negotiate with the
lender on behalf of their client. They may have to work harder and longer
than usual to close a short sale deal, and they may receive a lower
commission than normal. In the Rio Grande Valley Texas Azua Real Estate
has navigated many short sales and is a specialist in these transactions.
Who Would be Considered
as a Candidate for a Short Sale?
A candidate for a short sale is someone who
meets the following criteria:
- They are experiencing financial
hardship that prevents them from paying their mortgage or maintaining
their property.
- They have negative equity in their
property, or they have little or no equity in their property.
- They have no other assets or
sources of income that can cover the difference between the sale price and
the debt amount.
- They have tried other
alternatives, such as refinancing, loan modification, forbearance, or
repayment plan, but they did not work or were not available.
- They are willing to cooperate with
their lender and provide all the necessary documents and information.
- They are willing to sell their
property as-is and move out within a reasonable time frame.
How Does a Short Sale
Affect the Parties of a Short Sale?
A short sale can have
different effects on each party involved, depending on their situation and
goals. Some of the possible effects are:
- For the seller: A short sale can help them avoid
foreclosure and its negative consequences, such as damage to their credit
score, eviction from their home, deficiency judgment, tax liability, and
emotional stress. However, a short sale can also have some drawbacks, such
as losing their home equity, having to pay taxes on the forgiven debt
amount, having a negative impact on their credit score for up to seven
years, having difficulty qualifying for another mortgage in the future,
and having to deal with complex paperwork and negotiations.
- For the lender: A short sale can help them recover
some of their money and avoid the expenses and risks of owning and selling
a foreclosed property, such as legal fees, maintenance fees, vandalism,
depreciation, and low market demand. However, a short sale can also mean
losing money on the loan principal, interest, fees, and penalties. It can
also mean having to deal with multiple parties, such as other lien
holders, title companies, appraisers, inspectors, and attorneys. It can
also take longer than a regular sale to complete.
- For the buyer: A short sale can help them buy a
property at a lower price than its market value in The Rio Grande Valley
Texas and potentially gain equity in it over time. It can also help them
take advantage of low interest rates and favorable market conditions.
However, a short sale can also involve some risks and challenges, such as
having to wait for lender approval, competing with other buyers or
investors, dealing with property defects or repairs, facing legal issues
or liens on the title and having difficulty obtaining financing or
appraisal.
How Long Does a Short
Sale Take to Get Approved?
The length of time it takes for a short sale
to get approved depends on various factors, such as:
- The number of lenders involved: If there is more than one lender
or lien holder on the property, each one has to agree to take less than
what they are owed. This can complicate the process and delay the
approval.
- The cooperation of the seller: The seller has to provide all the
required documents and information to the lender, such as hardship letter,
financial statements, tax returns, and listing agreement. They also have
to keep the property in good condition and cooperate with showings and inspections.
If the seller is unresponsive or uncooperative, the approval can be
delayed or denied.
- The communication of the realtor: The realtor has to communicate
effectively and frequently with all the parties involved, such as the
seller, the buyer, the lender, and other professionals. They also have to
submit all the necessary paperwork and follow up on the status of the
approval. If the realtor is inexperienced or inefficient, the approval can
be delayed or denied.
- The market conditions: The market conditions in The Rio
Grande Valley Texas can affect the demand and supply of properties, the
value and price of properties, and the availability and cost of financing.
These factors can influence the lender’s decision to accept or reject a
short sale offer.
According to Azua Real Estate, the average time it takes for a
short sale to get approved is about three to six months. However, some short
sales can take longer than a year, while others can take less than a month.
Why is a Professional
Realtor Who Specializes in Short Sales in a Seller’s Best Interest?
A professional realtor who specializes in
short sales can be in a seller’s best interest for several reasons, such as:
- They have the knowledge and
experience to handle the complex and lengthy process of a short sale. They
know how to prepare and submit all the required documents and information
to the lender. They also know how to negotiate with the lender and other
parties on behalf of their client. They can help their client avoid common
pitfalls and mistakes that can derail or delay a short sale.
- They have the skills and resources
to market and sell the property effectively. They know how to price and
present the property attractively and realistically. They also know how to
find and qualify potential buyers who are interested and able to buy a short
sale property. They can help their client sell their property faster and
for a better price.
- They have the fiduciary duty and
ethical obligation to protect their client’s best interests. They must act
honestly, fairly, loyally, and diligently for their client. They also must
disclose all material facts and information that affect their client’s
decision. They can help their client avoid conflicts of interest and legal
issues that can arise from a short sale.
How Does a Short Sale
Affect the Seller’s Credit and Chances of Getting Another Home Loan?
A short sale can affect the seller’s credit score and chances of
getting another home loan in different ways, depending on how the lender
reports it to the credit bureaus. Some of the possible scenarios are:
- If the lender reports it as “paid
in full” or “paid as agreed”, it means that they have taken the sale
proceeds as full payment of the debt and have waived any right to pursue
any deficiency or balance due from the seller. This is the best-case
scenario for the seller, as it will have little or no impact on their
credit score and will not prevent them from getting another home loan in
the future.
- If the lender reports it as
“settled” or “settled for less than full balance”, it means that they have
taken less than what they were owed on the debt and have forgiven some or
all of the difference. This is a better scenario than foreclosure, but it
will still lower their credit score by about 50 to 100 points and will
remain on their credit report for up to seven years. It will also make it
harder for them to get another home loan in the future, as they may have
to wait for two to four years before they can qualify for another
mortgage.
- If the lender reports it as
“foreclosure” or “deed in lieu of foreclosure”, it means that they have
taken back ownership of the property after a failed short sale attempt or
have taken a voluntary transfer of title from the seller in exchange for
releasing them from their debt obligation. This is the worst-case scenario
for the seller, as it will drop their credit score by about 100 to 150
points and will stay on their credit report for up to seven years. It will
also make it very difficult for them to get another home loan in the
future, as they may have to wait for three to seven years before they can
qualify for another mortgage.
If you have any questions about short sales you can contact Azua
Real Estate. We are here to serve
clients in the Rio Grande Valley Texas.
