A short sale is when a homeowner wishes to sell their home below what they owe on the property. Homeowners find themselves in this kind of situation mainly because they borrowed aggressively when credit was easy and now have little or no equity in their home because property values in Northern Virginia declined anywhere from 20 to 30 percent in the past three years.
Homeowners decide to sell their house as a short sale to avoid a foreclosure, which is when their lender takes title of their home and sells it directly; a process that will ruin the homeowner’s credit. Under a short sale, the homeowners are hopeful that their lender will accept a discounted payoff to release their existing mortgage. It is important to note, just because a property is listed as a short sale and the seller accepts your offer, it does not mean the lender will accept the contract and agree to the deal.
A seller does not need to be in default on their mortgage payments for the lender to consider a short sale. A lender may accept a short sale if the seller is current on their payments but the value of the home has fallen. It is less costly and burdensome for the lending institution to have the homeowner find a buyer and sell the property at current market prices, than for them to have to auction it off in a foreclosure.
The first thing to do when interested in a short sale property is to check its public records. It is important for a detailed research to be done before you make an offer to purchase. A competent agent can help you find who is on the title, whether it is under a foreclosure notice, and the total amount owed by the homeowner to various lenders. These facts will later help to determine what price to offer for the property. Remember, two loans on a property spells more problems because the homeowner has to get an agreement for the short sale from two different institutions.
Next, you would need to hire an agent with extensive short sale experience to expedite your transaction and protect your interests. You don’t want to miss any important detail due to inexperience or find out your transaction is not going to close on time because no one has followed up on all the procedures in a timely manner.
Try to find out if the homeowners qualify for the short sale. To do so, they should have no equity in the home and be unable to pay the lender the difference between what you have offered in the contract and what they owe to their lender on their existing loan.
Once the seller accepts your offer, all the documentation has to be gathered and submitted to the lender. Make a copy of your earnest money deposit and include it in the paperwork, and be prepared to increase the amount if asked by the lending institution. In addition, have your mortgage lender write a pre-approval letter for you, so the bank knows you will qualify to buy the property. Have your agent include a copy of the comparable sales in the area as well; this further legitimizes the offer you are making. You will have to wait until the bank approves and accepts your offer, then you have a deal.
On average, in most parts of Northern Virginia, buyers have to wait three months before they hear back from the lender. Be reasonable with the timeframe you give the lender to respond, your contingency statement should allow a decent amount of time for the bank to process your offer, however, you do not want to tie yourself to the property forever either. Get the name and phone number of the person processing your offer at the lending institution, and follow-up regularly.
Furthermore, it is the lender who determines the commissions that are paid, and in many instances it may be less than what your real estate agent might expect. This could cause trouble if you have signed a buyer’s agreement with an agent and agreed to pay them a specific percentage. If they get less than what is in the contract, they may ask you to pay them the difference. Make sure the broker’s agreement you sign states that your agent would waive the difference between what is in your contract and what eventually is given by the lender.
Do not, under any circumstances, agree to waive your right to have a home inspection done. Most lenders will try all sorts of tactics to make you drop this contingency. You need to know what you are getting into, the property may be seriously damaged and in need of costly repairs. Remember why you chose to go after a short sale in the first place, to save money. Don’t let yourself fall into a trap that ends up costing you thousands of dollars. All in all, if you follow the correct procedure, short sales could be an attractive opportunity that can save you money as you purchase your future home.
Cameron Akhavan MBA, is a Realtor and Licensed Mortgage Consultant living in Northern Virginia. “Please contact me if I can be of assistance to you or your friends with your real estate needs.” Contact Cameron or visit His Website.