Short Sale Start to Finish: A Home Owners Guide to Short Sales

I attended a RealtyTrac webinar earlier today and the host projected that up to 5 Million home owners could face foreclosure between now and 2014. This figure is shocking, but not surprising. Most economists project the true unemployment rate at 13-14% including everyone who has stopped looking for work or is under employed. The report showed slides how foreclosures mirror the unemployment rate. To throw one more devastating blow to a weak housing market, millions of loans with teaser rates or ARM are about to reset too much higher rates ( average increase of $1000 per month).

The 1st option for any home owner who is having trouble making payments but is able to stay in their home should be to use HARP or HAMP the government sponsored refinance or modification programs. If staying in your home is not realistic and you need to sell a short sale is a much better option than letting the home foreclose. The major banks are supporting this and Chase Bank is even offering up to 5% ($45000 in some cases) of the loan amount back to the owner at closing if they complete a short sale.

The short sale process can be long, complex and is always evolving to better refine the procedure and speed of the transaction so here is what a home owner attempting a short sale should expect:

1. Contact your bank. Let them know there are problems and you're listing your home as short sale. This will alert their loss mitigation department to assist in this matter. The longer you wait the less time you will have to sell your home and avoid foreclosure. See if you qualify for HAFA. Home owners can receive up to 3k in moving expenses.

2. Contact an experienced short sale Realtor who can guide you through the process. Be careful not all Realtors are short sale experts.

3. Your bank will require documentation. A hardship letter explaining why you are unable to make payments, 2 years tax returns, 2 recent bank statements, 2 recent pay stubs & a financial worksheet.

4. The next step will be to list your home for sale. Make sure your agent does a CMA and lists the home near market value. This will show your bank you are trying to get top dollar and not creating a fire sale or blind auction.

5. Home values may be shifting in your market so make sure to use regular price drops to stay current with surrounding home values. This will also create a record to show your bank you tried to sell for market value.

6. Getting an offer from a qualified buyer is extremely important. Check out their financing to make sure it's solid. I see a lot of transactions fall apart because of weak financing.

7. Negotiate the highest possible offer before accepting. Make sure the buyer gives earnest money and does their due diligence right away. It's important to know the buyer is committed to stay with the process and flush out problems early on.

8. The next step is to submit the offer to your bank. It may take time to have a contact assigned but be persistent with regular calls.

9. The 1st sign the bank is processing the short sale is when they order a BPO or broker price opinion. A real estate agent not associated with the transaction will do an independent valuation and submit this as a starting point for the negotiation.

10. Usually with in 10-14 days after the BPO the bank will ask for additional documentation and counter or accept the buyers offer. They outline terms, release of liens & waive the deficiency. Usually 60 days in from step 8 offer submission.

11. After all terms are agreed upon everything will be submitted to the investor ( owns the loan ) & a short sale approval letter will be issued.

12. Closing has to happen 30-45 days after acceptance so make sure the buyer has their financing ready.

Choosing the right agent is everything. National average for successful short sale closings are 30-40%. Realtors with the CDPE (certified distressed property expert) have a 75-80% success rate. Let the right person guide you through the complex process and save you from foreclosure.