Central Florida Short Sales: December 2008

I think I'm stuck in a Short Sale time warp!!!

Florida real estate broker 407-873-2747Hi folks. It seems like only yesterday that we started hearing about short sales, foreclosures and financing issues. That's why I was a little surprised when I fouind this post that I posted in December of ........2006!!!!! No wonder I'm tired.

Three blind mice, three blind mice......blah blah blah.

Lately, as anyone knows who has been reading my Blog, I have been dealing a lot with short sales and pre-foreclosure listings. Since I am not an attorney and cannot give legal advice, I always recommend to these Sellers, that they seek competent legal counsel. Most do. In addition to this, I give them my opinion, about what a short sale may do to their credit and the possibility of the amount of the "short" being treated as income, for tax purposes, and/or being attached to them as a personal liability. I do this, so they will understand, that being foreclosed on or negotiating a short sale should be a last resort decision and will have dire financial consequences.

Anyway, on Saturday, I was out and about putting up signs and refilling a few brochure tubes before the Holidays and bumped into one of my Sellers who is in a pre-foreclosure situation. She proceeded to tell me how she and her husband were getting ready to go look at some new construction homes and were hoping to put a contract on one. What? You are in foreclosure and think you can go out and buy a new house? According to my Seller, she thought that since we were trying for a short sale, that their credit would not be affected and that they could go ahead and place another property under contract. She figured since the Lender was going to get most of their money back, they would just forgive them for not making payments in five months and let bygones be bygones. I was dumbfounded to say the least. But, OK then, good luck with that.

Also, last week, I was speaking with one of my other Sellers. He lives out of state but has a flip that flopped in Poinciana. He hasn't made payments in three months and is also in a short sale situation. He had been pulling equity out of his primary residence for about a year to try and sell the property, he owns down here. Last time I had spoken with him he was telling me that he had already pulled $40,000 and only had about $40,000 left in his house. When we were talking last week he was telling me how tight things are and how expensive it is to send his three children to private schools. Then he proceeded to tell me how he was going to pull the rest of his equity out of his house to pay the children's tuition next year. He's not worried because he knows his house will increase in value and he should be getting a new job next year. So let me get this right. You have a house in Florida that has decreased in value and is about to be foreclosed on. You have already spent $40,000 of the equity in your residence to try and hold on to this house. And now you have come up with the brilliant idea of pulling the rest of the equity out of your residence to pay for private schooling. Well, good luck with that one too.

Folks, believe it or not, there's one more. I have another Seller who is going through a bankruptcy. This should be discharged sometime in March. They too have been out looking at new homes. They told me that builders are desperate right now so they shouldn't have any problem getting into a property because the builders have "in house" financing. Their thinking is that once they sell their property, after the bankruptcy, they won't have any debt so the lenders will be happy to loan them money to buy a new house. I truly feel like I am in an episode of the Twilight Zone.

Two Sellers, with serious financial issues, who actually have no clue that this will affect their ability to purchase another home and another digging their hole even deeper, based on future appreciation, even though they are in the process of losing a house for that exact same reason.

Are folks really that blind? Is their reality clouded by denial? Does financial responsibility mean nothing anymore?

CENTRAL FLORIDA REAL ESTATE SHORT SALE INFORMATION

POINCIANA FLORIDA REAL ESTATE MARKET REPORTS

CENTRAL FLORIDA REALTOR(r) OPPORTUNITIES

MAKE AN OFFER ON ANY OF MY FLORIDA PROPERTY LISTINGS HERE

MORE INFO FROM BROKER BRYANT... THE SOURCE FOR POINCIANA REAL ESTATE

 

Copyright © 2008 http://www.brokerbryant.com/ | All Rights Reserved  

Central Florida Short Sales FAQ#3

  What goes in the Hardship Letter? 

Central Florida Real Estate Broker 407-873-2747

 

This outline will help you prepare your hardship letter. The sample answers are to assist you NOT to just be copied. Your hardship letter should only contain facts. Just be honest. Your goal is to explain to your Lender why you can no longer make the payments for your property. This letter should be handwritten and legible. 

TO: Countrywide Mortgage

FR: Paul and Suzie Helpus

RE: 1234 Lost Value Ave. Poinciana FL 34759

LN#: 34578903

First Paragraph-Explain what you want 

 

  • We are requesting that you approve us for a short sale of our loan with your Company.
  • We are no longer able to make the payments and have been trying hard to sell the property.
  • We love our home but due to circumstances beyond our control we are no longer able to pay for it.

 

Secondly, describe your hardship 

  • What led to your current financial problems and caused you to miss mortgage payments?
  • What caused your hardship?
  • Did you lose your job?
  • Did your current job require a transfer?
  • Illness?
  • Death?

Be very specific. Remember you are trying to get your Lender to accept a loss. Be honest and be thorough.   

Then describe what you have tried to do to overcome your hardship. 

  • Have you been to counseling?
  • Have you been job hunting?
  • Are you cutting back on your expenses?
  • Have you been making mortgage payments on your credit cards?  

Briefly outline your current situation. 

  • You have a new job but are making less money.
  • You had to move due to divorce, job, children etc....  

Provide your contact information. 

  • Let them know they are free to contact you if they have any questions BUT reiterate that they should contact your Broker. 

Finally, sign and date the letter.

  • All Borrowers must sign.

OK, that's it for this time. Next time we'll discuss.....I'm not sure yet :)

In the meantime, if you have a property that needs to be sold as a Short Sale just CLICK HERE. I'll send a Short Sale Listing Package right over.

FAQ #1 What is a Short Sale?
FAQ #2 What is a Hardship and why do I need one? 

CENTRAL FLORIDA REAL ESTATE SHORT SALE INFORMATION

POINCIANA FLORIDA REAL ESTATE MARKET REPORTS

CENTRAL FLORIDA REALTOR(r) OPPORTUNITIES

MAKE AN OFFER ON ANY OF MY FLORIDA PROPERTY LISTINGS HERE

MORE INFO FROM BROKER BRYANT... THE SOURCE FOR POINCIANA REAL ESTATE

Copyright © 2008 http://www.brokerbryant.com/ | All Rights Reserved 

ASK THE BROKER.....What Is 3rd Party Approval?

THIS WEEK'S QUESTION AND RESPONSE

Florida Real Estate Broker 407-873-2747Hi Broker Bryant, 

Thank you for the sample short sale submission letter, I found it to be very helpful. I am currently closing on a short sale and picking up a couple more tomorrow. 

I have a couple of questions .... You stated... "Just remember, you are submitting a fully signed and accepted contract and asking the lender to remove the 3rd party approval. You are not asking them to accept the offer. The lender is not a party to the contract." 

My questions are: 

1. What is the 3rd party approval on a short sale purchase agreement?

2. Why is the lender not a party to the contract when the sellers need the banks approval to pass clear title? 

Hi there, 

A purchase contract is between the buyer and the owner of the property. Unless the property has already been foreclosed on then the lender is not the owner of the property. They have a lien on the property. No different than if there were an equity line or tax lien on the property. The mortgage is a lien that has to be cleared off at time of closing. 

BUT since there will not be enough money left over at closing, to pay the lien in full, the owner of the property is asking the lien holder (lender) to accept less than what is owed (short) and remove the lien so they can provide the buyer clear title. This is a contingency (3rd party) in the contract. Simply put, the lender (lien holder) is a 3rd party who has to agree to accept less money, remove the lien and allow the transaction to close.

If you have a question for the Broker CLICK HERE.

CENTRAL FLORIDA REAL ESTATE SHORT SALE INFORMATION

POINCIANA FLORIDA REAL ESTATE MARKET REPORTS

CENTRAL FLORIDA REALTOR(r) OPPORTUNITIES

MAKE AN OFFER ON ANY CENTRAL FLORIDA PROPERTY  HERE

 

Copyright © 2008 http://www.brokerbryant.com/ | All Rights Reserved  

*****I am NOT an attorney and this is not legal advice. I am also a Florida Broker and I'm basing my opinion on Florida laws. Please check with your own State's laws and get legal advice from an attorney in your state. This response is my opinion only.*****

 

Central Florida Short Sales FAQ #2

What is a hardship and why do I need one? 

Florida Real Estate Broker 407-873-2747

A Short Sale is one of several pre-foreclosure remedies. In order to request a Short Sale, from your Lender, you must have a hardship AND you have to be able to prove it. It has to be a legitimate hardship. 

 

Hardship:

Noun
1. conditions of life that are difficult to endure
2. something that causes suffering
 

A hardship is anything that makes it where you can not afford the payments on your house. A hardship is something drastic that has happened to your financial situation since you borrowed the money. You borrowed the money and you agreed to pay it back. Now you can't. Notice I said CAN'T....not WON'T. Can't is a hardship. Won't is a deadbeat. 

A hardship may be the result of: 

  • Divorce
  • Job loss
  • Reduced income
  • Illness
  • Disability
  • Medical bills
  • Job relocation
  • Military duty
  • Incarceration
  • Failed business 

One of the key documents related to a short sale is the Hardship Letter. Whatever your hardship may be you will need to write a hand written letter telling your lender about it.

We'll discuss the Hardship Letter next time. 

In the meantime, if you have a property that needs to be sold as a Short Sale just CLICK HERE. I'll send a Short Sale Listing Package right over.

FAQ #1 What is a Short Sale?

CENTRAL FLORIDA REAL ESTATE SHORT SALE INFORMATION

POINCIANA FLORIDA REAL ESTATE MARKET REPORTS

CENTRAL FLORIDA REALTOR(r) OPPORTUNITIES

MAKE AN OFFER ON ANY OF MY FLORIDA PROPERTY LISTINGS HERE

MORE INFO FROM BROKER BRYANT... THE SOURCE FOR POINCIANA REAL ESTATE

Copyright © 2008 http://www.brokerbryant.com/ | All Rights Reserved