A Seller’s Guide to the Short-Sale Process

short-sale

Some of you may be wondering how you can go about selling your home the “short-sale” route, but aren’t sure how it works. Well, here’s what I call a “Seller’s Guide to the Short Sale Process”…

First and foremost, let’s define “short-sale” as it relates to real estate today:

A short sale is a sale of real estate in which the proceeds from the sale fall short of the balance owed on a loan secured by the property sold

If you’re not sure whether you’ll be “short” if you sell the house, hire an appraiser or ask a Realtor to do a CMA for you and deduct the balance of your mortgage(s), any line of credit(s), other lien(s) and cost of sale from the estimated market value of your property. Once you’ve done that, you’ll have a good idea of whether you’re “short” (assuming the appraisal or CMA are accurate).

Let’s assume that you’re “short” and want to move forward with a short-sale. What are the next steps.

Well, fellow Virginia Realtors and bloggers Sarah Stelmok and Jeremy Hart beat me to the punch by about 24 hours with their posts on short-sales. So, with their permission,  I’m going to cite their explanation about the process to save some time.

If you are a Seller considering a Short Sale in your property, you will need to gather the following information:

  • All lien holders names and contact information
  • All loan numbers
  • A Third Party Authorization Form - this will allow the bank to discuss your short sale with your REALTOR.  It needs to be agent and loan # specific and have an indefinite end date Some banks have their own form; others will accept any form you prepare.  You need to get this to the bank as soon as you hire a REALTOR.
  • Listing Agreement - this should include a CMA of the property to justify your list price
  • 2008 and 2009 W-2s - or the tax forms that you filed if you do not get W-2s.
  • A Profit/ Loss Worksheet for 2009
  • Last 2 Month’s Bank Statements
  • Proof of Disability or Unemployment or Job Transfer (if applicable)
  • Hardship Letter - this explains why you want to short sale and why the bank should allow you to short sale

Once you have all of these items, the next steps are…

1. List the property for sale– Some banks want the property listed for the amount that is owed first, and they will be willing to drop to a more realistic price after a period of time.  The listing agent will need to back up their list price with a good CMA!  Remember, a BPO will be called out as soon as they receive a contract.

2. Receive and ratify a contract – needs to be ratified by the seller and buyer.  Some banks want one contract at a time; others want to see them as they come in.  Another reason to contact the bank ASAP.

3.  Send Contract to Bank - get confirmation from the loss mitigation offer at the bank and preferably written proof of receipt

4.  You will also need to send – all of the paperwork including the hardship letter you gathered/prepared prior to listing your property for sale (see earlier part of this post). The bank may ask for other items not listed here. They may also send you additional forms and paperwork for you and/or your agent to sign.

5.  Be persistent, but patient - Make sure you ask how long it will take for a contract to work its way through the system.  You want to hear it will take 30-45 days, but they may tell you that it will take just that long for them to even look at the file as is the case with CitiMortgage.  You also want to ask about the likelihood the loan will be sold.  They like to sell the loans right before they give you approval, and you’ll have to start the process all over if they do.

6.  Stay as current as possible - Make sure you don’t get more than 2 months behind.  Some banks will allow you to get up to 9 months behind, but they are harder to negotiate and keep off the auction block. If you don’t know what their policy is, ask.

These steps will need to be done for each bank that is involved and each bank has their own process. Some banks that are in 2nd position (2nd trust/mortgage) will only start processing their short-sale after they’ve received written short-sale approval from the 1st trust. This means that the overall short-sale approval process may take twice as long with two trusts/mortgages.

If you are considering pursuing the Short Sale route to sell your home, it is important that you consult an attorney that is familiar with the process. It is also important that you use a REALTOR who is trained in the short-sale process and has experience in Short Sales.

So I hope that this helps you out (thanks again Sarah and Jeremy). If you’re in a situation where you’re about to fall behind on your mortgage and/or are considering a Short Sale, contact me to chat about it and see what options you have.

Related Articles

Short Sale (real estate) - Wikipedia

Percentage of Short-Sales Being Approved Increasing

10 Questions To Ask Before Writing an Offer on a Short-Sale

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Do You Qualify for a Loan Modification?

May 28, 2009 by Danilo Bogdanovic  
Filed under Lending/Mortgages

This article about loan modifications was passed along to me by Morgan Brown from Blown Mortgage. It’s a must read if you’re thinking about asking for a loan modification from your bank/lender.

Loan Modification Math

Too many people considering whether loan modifications are right for them or not don’t know where to start.  They have no idea how to tell if they have a chance to qualify or not.  With the changing laws and programs for loan modifications you certainly can’t be blamed if you’re not exactly sure if you qualify for a loan modification.  In this post we’re going to give you some general guidelines on what you’ll need in order to qualify for a loan modification for your home.

Please note: these are general guidelines.  Each bank has its own requirements and each situation, including yours, is unique.  Contact your bank for exact requirements for loan modifications for your situation.

How do I know if I qualify for a loan modification?

The bank is trying to ascertain, once they go through the hassle of getting your loan modified, how likely it is that you’ll go delinquent on your mortgage once again.  Redefault rate is a hot topic right now for good reason.  The government, the banks and investors are all taking a risk in that by putting money up for loan modifications they’re hoping the foreclosure tide is stemmed.  Therefore, banks want to know that when they make a modification it will stick.

This is the key step in determining whether you’ll be able to qualify for a loan modification or not.  Can you stay current once your loan is modified?  That’s the question – and for the banks, it’s all in the math.

So how can I figure out the math behind qualifying for a loan modification?

If you remember when you bought your home, you went through a qualification process.  At one point in the process you were asked for a copy of your credit report, your income documentation and copies of any major debts that you had not listed on your credit report.  The person processing your home loan calculated what is known as a debt to income ratio or DTI.  This ratio determines how much of your gross monthly income (dollar amount before taxes) is consumed by your house payment and your other monthly obligations like cars, credit cards, student loans, etc.

The debt to income ratio is once again king in determining your ability to qualify for a loan modification. So it’s time to break out your calculators:

Let’s show how to calculate this via an example…

Example mortgage calculation

Say you have a $165,000 mortgage that recently adjusted from 5.25% to 9.25%.  Your situation would look like this:

  • Loan amount: $165,000
  • Term: 30-years
  • Interest rate: 5.25%
  • Monthly payment: $911.14

After adjustment

  • Loan amount: $165,000
  • Term: 30-years
  • Interest rate: 9.25%
  • Monthly payment: $1357.41

Lets say that you’re still making that $60,000 per year and that you had total monthly expenses (not counting your mortgage) of $1,800 per month.

Your DTI prior to adjustment:

  • $1,800 + $911.14 = $2,711.14 / $5,000 = 54.23%

Your DTI after adjustment:

  • $1,800 + $1,357.41 = $3,157.41 / $5,000 = 63.15%

Million dollar question: What is the RIGHT DTI?

Banks have tightened what they think is an acceptable credit risk – they’ve dialed it way down.  And while it varies from bank to bank, the target DTI you should be looking for in hopes of qualifying is 50%.

If you can show a DTI of 50% or less via a loan modification to a lower interest rate, you stand a good chance of qualifying for the modification.

Note: In the above example this would mean getting an interest rate reduction below the original start rate of the loan (5.25%).  Reducing the loan to its original note rate of 5.25% would leave you with a DTI of 54% - which falls above the 50% rule of thumb.

How can we give ourselves a shot at qualifying for a loan modification?

We can:

  • Double check our expenses for items that shouldn’t be included (such as work-related expenses)
  • Call our credit card companies and ask for a reduction in monthly payments
  • Reduce our utility bills by cancelling premium cable subscriptions, opting in to programs that reduce utility bills in exchange for power-flexibility in the summer, switching to a smaller trash can size, etc.
  • Exclude expenses like eating out, food, clothes and discretionary expenses from your DTI

Because your monthly expenses can fluctuate quite a bit each month you want to focus on big ticket items and not rack up lots of little dings.

What if we:

  • Saved $300/month by not eating out
  • Cancelled a gym membership worth $100/month
  • Reduced our utilities by $50/month

That would give us a DTI of: 45.22% - bingo.  That’s the number we want to work with.

Finally, we’re going to report the big ticket items that are always there, but we’re going to leave off for now the variable items that we can control, such as food, etc.

If they ask for it later we’ll give it to them; but for now we want to present a case that with a new “hoped for” mortgage amount (the modified rate and monthly payment) plus our monthly expenses that we’re a good candidate for a mortgage at under 50%.

This is the number we’ll end up calculating on the monthly expense worksheet that we’ll have to prepare for the bank.  You can get a free copy of a sample loan modification monthly expense worksheet that you can use to calculate your DTI.

Tip: Never lie to your bank. What we’re doing here is making an assumption that we can control variable monthly expenses through good judgment and sacrifice in order to keep our home.  If we must present this information we will.

A shot at a loan modification

With a sub-50% debt to income ratio in hand you’re a good candidate for a loan modification.  If you’d like more loan modification tips and strategies please join our mailing list.  You’ll receive a free report just for joining: “The 10 Deadliest Loan Modification Mistakes” you must avoid at all costs.  You’ll also get our free pamphlet, Loan Modifications 101.

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