Central Florida Short Sales

Hi Folks. I’ve ran across agents, several times this week, not sure how to handle a Short Sale when the property is owned by a trust. So I thought I’d take a minute to explain how this works. Actually I can do it in about 1 second........

…......exactly the same as you would handle any other Short Sale!!

Here’s why.

Short Sales are done for Borrowers. Even though the property is owned by a Trust the note was more than likely signed by an individual. The individual is the one you are doing the Short Sale for. He is the Borrower.

The ownership of the property was probably placed in a Trust after it was purchased. Usually this is done for estate and/or tax purposes.

So.....your listing agreement and the purchase contract would be in the name of the owner of record. This could be a Trust, LLC, INC or a person(s). You would need a copy of the Declaration page for the Trust, LLC or INC to see who is authorized to sign and act on the entity’s behalf. This is the person who signs the agreements.

The Borrower(s) is the person that took out the loan and signed the Note. This could be the same person that is authorized by the Trust or it could be someone else. Whoever it is, this is the person who must go through the Short Sale process. Simple.

Any questions?

Are you facing foreclosure in Florida?

 Do NOT be foreclosed on! Avoid foreclosure. Short Sales DO close.

1. Do I have to be behind on my mortgage payments to qualify for a Short Sale?

• Not necessarily. Some lenders will negotiate a settlement if you are current on payments. You won’t really know until you go through the process. If you are current on payments the lender may very well require you to “participate in the loss” by making a cash contribution, signing a promissory note or both.

1. What is a deficiency and how do I avoid it?

• A deficiency is the difference between the amount of money you owe and the amount of money paid to or collected by the lender. The deficiency is the “Short” in a Short Sale. A deficiency ALWAYS exist with a short sale. You cannot avoid it unless you just keep paying on your mortgage obligation. The real question is..........

1. What happens to the deficiency?

• The deficiency can be waived, written off, paid later, settled or the lender can, at least in Florida, choose to go in front of a Judge and ask for a Deficiency Judgment against you.

1. What is a Deficiency Judgment?

• A Deficiency Judgment is when a Judge issues a Judgment making you personally responsible for the deficiency and giving the creditor the right to go after you for the money you owe. In Florida the creditor has 5 years from the creation of the deficiency*** to ask for the Judgment and another 20 years to collect on it if granted. To collect they may take assets, levy bank accounts and garnish wages. ***Please seek legal advice on this matter.

1. Will I have to pay taxes related to the short sale?

• Maybe. A short sale IS a tax event. Just as with any real estate transaction the sale is reported to the IRS. In addition the “Short” may be written off as a loss to the lender. A loss to the lender is income to you. How this income is taxed is a question for your tax professional. You may also refer to the Debt Relief Act. Unless extended the Debt Relief Act is set to expire at the end of 2012.

1. How will a Short Sale affect my credit?

• How credit scoring works is one of the great mysteries of the universe! The Short Sale itself is not reported as “Short Sale”. Missed and late payments are reported. Also, how the transaction is reported makes a difference. Is it reported as “settled..”, “paid...”, “charged off..”? And have you been paying your other bills? There are just too many variables to be able to give you a precise answer. If your credit score is important to you then my advice is to make your mortgage payments.

1. What advantage is there to doing a Short Sale over just letting the lender foreclose?

• Credit scoring aside....on average you can get another mortgage within 2-3 years assuming you pay all of your bills after a Short Sale. A foreclosure will affect your ability to get a new mortgage for 5-7 years. A Short Sale also gives you the opportunity to negotiate a settlement. It gives you some control over the situation. With a foreclosure you are 100% at the mercy of the lender.

1. How long will the Short Sale process take?

• A normal Short Sale with no complications will take on average 2-3 months from time of contract. Some go much quicker and some take much longer.

 

1. Will my Short Sale be approved and closed or am I wasting my time?

• We close more than 90% of our Short Sales. As long as you participate, by providing me what I need, when I need it, then yes, your Short Sale will be approved and get closed.

1. When will I have to vacate the property?

• Unless we are able to negotiate something different the day of closing belongs to the Buyer. Most lenders will not allow you to rent the property back after closing so plan on moving. You will normally have 30-45 days notice prior to closing.

1. Who pays your commission?

• The listing agreement is between you and I. So legally you are responsible for paying my commission. However, just as in a regular transaction, the costs of the sale are deducted from the purchase price. This means the buyer brings money to purchase the property and we pay everything out of that. The lender gets whats left. You pay nothing. Unless it is required by the lender and you agree to do so.
  

Additional information:


• CDPE Site
• Contact Bryant
• FannieMae/HAFA Program
• FHA Preforeclosure Sale
• From The Lawyer's Mouth
• HAFA FAQ
• HAFA Guidelines
• IRS Debt Relief Act
• Is Your Loan Owned By FNMA?
• Military HAP Program
• My Short Sale Story
• Property Search Map
• Sample Approval Letters
• Short or Stay?
• Short Sale Approvals
• Short Sale FAQ
• Short Sale Network
• Strategic Short Sales
• Testimonials

 

I hope this helps. Please feel free to contact me with any additional questions you may have.

Are you facing foreclosure in Florida?

 



 

 Do NOT be foreclosed on! Avoid foreclosure. Short Sales DO close.

Want to find out more? www.CentralFloridaShortSales.com

***I am NOT an Attorney nor do I play one on TV. Click the button below for my Bio.



Copyright © 2011 http://www.brokerbryant.com/ | All Rights Reserved

Customer Testimonials

Tutas Towne Realty has already successfully negotiated Short Sales with the following Lenders and Investors.

Chase Short Sale,Sun Trust Short Sale, GMAC Short Sale, Wells Fargo Short Sale,Bank of America Short Sale,USA Bank Short Sale,PNC Bank Short Sale,Citi Short Sale,HomeEq Short Sale,Fifth Third Bank Short Sale,ING Direct Short Sale,GreenTree Short Sale,Capital One Short Sale,ASC Short Sale,First Horizon Short Sale,E-Trade Short Sale,Transland Financial Short Sale,US Bank Short Sale,IBM LBPS Short Sale,
Nationstar Short Sale,BAC Florida Short Sale,Real Time Solutions Short Sale,Fannie Mae Short Sale
FHA Short Sale,Selene Finance Short Sale,DTA Solutions LLC Short sale,Flagstar Short Sale,IndyMac Short Sale

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Tutas Towne Realty, Inc handles Florida real estate sales, Florida short sales, Florida strategic short sales, Florida pre-foreclosure sales, Florida foreclosures in Kissimmee Florida Short Sales, Davenport Florida Short Sales, Haines City Florida Short Sales, Poinciana Florida Short Sales, Solivita Florida Short Sales,  Orlando Florida Short Sales, Celebration Florida Short Sales, Winderemere Florida Short Sales. Serving all of Polk, Osceola and Orange Counties Florida. Florida Short Sale Broker. Short Sale Florida.

Tutas Towne Realty and Bryant Tutas just had another successful Kissimmee Florida Short Sale closing with GMAC Mortgage.

The property:

Primary Residence. 4 bedroom 2 bath single family home located in Forest Edge in Kissimmee  Florida. This home has 2,190 sq ft of living area. It was purchased new in June of 2004 for $218,500. It Sold 1/17/2012 for $155,000. That's a decline in value of 29% in 7.5 years. 

Liens:

• 1st Mortgage with GMAC Mortgage for $281,000

Hardship:

• Loss of income.

Summary:

I placed the property on the market 8 September 2011 for $165,000. We negotiated a deal at $155,000, 7 days later. The deal was submitted for HAFA but was denied. It was resubmitted as a regular short sale and was approved.

Tutas Towne Realty closed the transaction on 17 January 2012. 128 days from listing to closing!!

GMAC Mortgage accepted $138,250 or .49 cents on the dollar for the 1st mortgage. 

***The Seller received FULL WAIVER OF DEFICIENCY with no contributions. GMAC paid 6% commission and paid 3% in buyer closing costs.

Do you need help with your Florida Short Sale?

 Tutas Towne Realty has already successfully negotiated Short Sales with the following Lenders and Investors.

• Chase Short Sale
• Sun Trust Short Sale
• GMAC Short Sale
• Wells Fargo Short Sale
• Bank of America Short Sale
• USA Bank Short Sale
• PNC Bank Short Sale
• Citi Short Sale
• HomeEq Short Sale
• Fifth Third Bank Short Sale
• ING Direct Short Sale
• GreenTree Short Sale
• Capital One Short Sale
• ASC Short Sale
• First Horizon Short Sale
• E-Trade Short Sale
• Transland Financial Short Sale
• US Bank Short Sale
• IBM LBPS Short Sale
• Nationstar Short Sale
• BAC Florida Short Sale
• Real Time Solutions Short Sale
• Fannie Mae Short Sale
• FHA Short Sale
• Selene Finance Short Sale
• Indy Mac
• One West Bank
• DTA Solutions LLC Short sale

Can we add you to our list of successful Short Sales?

Are you facing foreclosure in Florida?

Tutas Towne Realty and Bryant Tutas just had another successful Winter Haven Florida Short Sale closing with Wells Fargo.

The property:

Investment property. 3 bedroom 2 bath home located in Winter Haven Florida. This home has 2,222 sq ft of living area and is direct lake front with baot house and private beach. It was purchased in March of 2006 for $390,000. It Sold 1/20/2012 for $140,200. That's a decline in value of 64% in just under 5 years! 

Liens:

• 1st Mortgage with Wells Fargo for $295,000

Hardship:

• Loss of rental income. Reduction in value.

Summary:

I placed the property on the market 10/10/2010 for $225,000. After several price reductions we finally found a buyer at $150,000. Unfortunately we then spent almost 4 months trying to get an approval and were finally denied the short sale due to lack of hardship. The buyer didn't want to wait while we resubmitted so.....

.....I placed it back on the market and found another buyer at the same price. 2 months later we had an approval only to find out we lost the buyer due to a major illness being diagnosed. So....

....once again we started over. Luckily we found another cash buyer at $140,000. My son Nathan was working with this buyer so we knew the buyer would give us time to get the short sale approved again.

We received another aproval in about 60 days and closed on the transaction. The 3rd time was a charm!!

Wells Fargo accepted $149,000 or .51 cents on the dollar for the 1st mortgage. 

***The Seller received FULL WAIVER OF DEFICIENCY on an investment property. He did have to participate in the loss by making a $20,000 cash contribution. He was happy to do so to be rid of almost $300,000 or debt.

This transaction was a referral from an Active Rain member. Thanks Judy!! That makes 3 successful referrals.

Do you need help with your Florida Short Sale?

 Tutas Towne Realty has already successfully negotiated Short Sales with the following Lenders and Investors.

• Chase Short Sale
• Sun Trust Short Sale
• GMAC Short Sale
• Wells Fargo Short Sale
• Bank of America Short Sale
• USA Bank Short Sale
• PNC Bank Short Sale
• Citi Short Sale
• HomeEq Short Sale
• Fifth Third Bank Short Sale
• ING Direct Short Sale
• GreenTree Short Sale
• Capital One Short Sale
• ASC Short Sale
• First Horizon Short Sale
• E-Trade Short Sale
• Transland Financial Short Sale
• US Bank Short Sale
• IBM LBPS Short Sale
• Nationstar Short Sale
• BAC Florida Short Sale
• Real Time Solutions Short Sale
• Fannie Mae Short Sale
• FHA Short Sale
• Selene Finance Short Sale
• Indy Mac
• One West Bank
• DTA Solutions LLC Short sale

Can we add you to our list of successful Short Sales?

Are you facing foreclosure in Florida?

Tutas Towne Realty and Bryant Tutas just had another successful Kissimmee/Poinciana Florida Short Sale closing with Fifth Third Bank.

The property:

Investment property. 4 bedroom 2 bath townhouse located in Kissimmee Poinciana Florida. This home has 2,234 sq ft of living area. It was purchased new in May of 2005 for $234,000. It Sold 12/28/2011 for $72,200. That's a decline in value of 70% in 6.5 years! 

Liens:

• 1st Mortgage with Fifth Third Bank for $230,000

Hardship:

• Loss of rental income. Reduction in value.

Summary:

I placed the property on the market 29 April for $75,000. Negotiated a cash deal at $72,200 on 19 May. It took until 18 December to get the approval from Fifth Third. Most of this time was negotiating promissory notes that were required form Fifth Third and the Mortgage Insurance Company. After almost 3 months of trying to make these go away the seller agreed to pay Fifth Third $15,000 over 15 years and the MI Company $23,000 over 15 years. After finally receiving the written approval on the 18th of December the buyer decided to walk!!!

Even though the Buyer and his agent had been updated weekly for 7 months he still walked. Anyway I placed it back on the market as an "approved" short sale and we found a Buyer the same day for $72,200. We scheduled the closing for 2 days later and this Buyer made it to the closing table before getting cold feet and walking.

So...I placed it back on the market and found another cash buyer on 22 December. We closed and funded on 28 December.

Tutas Towne Realty placed the property on the market 20 April 2011.  The transaction closed on 28 December 2011. 243 days from listing to closing!!

Fifth Third Bank accepted $65,500 or .28 cents on the dollar for the 1st mortgage. 

***The Seller received FULL WAIVER OF DEFICIENCY on an investment property. He did have to participate in the loss by signing two promissory notes.

Do you need help with your Florida Short Sale?

 Tutas Towne Realty has already successfully negotiated Short Sales with the following Lenders and Investors.

• Chase Short Sale
• Sun Trust Short Sale
• GMAC Short Sale
• Wells Fargo Short Sale
• Bank of America Short Sale
• USA Bank Short Sale
• PNC Bank Short Sale
• Citi Short Sale
• HomeEq Short Sale
• Fifth Third Bank Short Sale
• ING Direct Short Sale
• GreenTree Short Sale
• Capital One Short Sale
• ASC Short Sale
• First Horizon Short Sale
• E-Trade Short Sale
• Transland Financial Short Sale
• US Bank Short Sale
• IBM LBPS Short Sale
• Nationstar Short Sale
• BAC Florida Short Sale
• Real Time Solutions Short Sale
• Fannie Mae Short Sale
• FHA Short Sale
• Selene Finance Short Sale
• Indy Mac
• One West Bank
• DTA Solutions LLC Short sale

Can we add you to our list of successful Short Sales?

Are you facing foreclosure in Florida?

Tutas Towne Realty and Bryant Tutas just had another successful Oviedo Florida Short Sale closing with SunTrust Mortgage.

The property:

4 bedroom 2 bath townhouse located in Hawthorne Glen Oviedo Florida. This home has 1,828 sq ft of living area. It was purchased new in March of 2006 for $277,200. It Sold today for $125,000. 

Liens:

• 1st Mortgage with SunTrust Mortgage for $234,500

Hardship:

• Curtailment of income. Current on payments. Purchased for their son when he was going to college. He graduated and they no longer needed the unit.

Summary:

This was a referral from my partner Wendy Rulnick. I placed the property on the market 2 September and had multiple offers within the first 3 days. Negotiated a cash deal at $125,000.Within 45 days we had an approval from SunTrust. However they wanted the seller to contribute $10,000 to the transaction.The sellers were not in a position to do so, so we asked the buyer to pay it. They said no.

We canceled the contract and placed it back on the market. Within 1 day we had a new buyer willing to pay $125,000 AND make the $10,000 cash contribution for the seller. This was agreed and fully disclosed on the contract, on the HUD and to SunTrust. The buyer paid the $10,000 at time of closing and the seller received FULL WAIVER OF DEFICIENCY on an investment property with out missing any payments!

I never saw the property, never met the seller or the buyer. The entire transaction was handled via email and text messages.

Tutas Towne Realty placed the property on the market 2 September 2011.  The transaction closed on 27 December 2011. 113 days from listing to closing!!

SunTrust Mortgage accepted $125,600 or .54 cents on the dollar for the 1st mortgage. 

***The Seller received FULL WAIVER OF DEFICIENCY on an investment property with out missing any payments!

From Mrs Seller:

• Thanks Bryant!!!  Best news you could have given us.  We will certainly keep you in mind if we should hear of anyone needing your services.  You have been terrific to work with and we can't thank you enough for staying on top of the whole process.

From Mr Seller:

• Thanks Bryant.  You are by far the most professional person I have ever worked with!  Kind of bummed though.  I enjoyed having you in my life. 

Do you need help with your Florida Short Sale?

Tutas Towne Realty has already successfully negotiated Short Sales with the following Lenders and Investors.

• Chase Short Sale
• Sun Trust Short Sale
• GMAC Short Sale
• Wells Fargo Short Sale
• Bank of America Short Sale
• USA Bank Short Sale
• PNC Bank Short Sale
• Citi Short Sale
• HomeEq Short Sale
• Fifth Third Bank Short Sale
• ING Direct Short Sale
• GreenTree Short Sale
• Capital One Short Sale
• ASC Short Sale
• First Horizon Short Sale
• E-Trade Short Sale
• Transland Financial Short Sale
• US Bank Short Sale
• IBM LBPS Short Sale
• Nationstar Short Sale
• BAC Florida Short Sale
• Real Time Solutions Short Sale
• Fannie Mae Short Sale
• FHA Short Sale
• Selene Finance Short Sale
• Indy Mac
• One West Bank
• DTA Solutions LLC Short sale

Can we add you to our list of successful Short Sales?

Are you facing foreclosure in Florida?

Tutas Towne Realty and Bryant Tutas just had another successful Dunedin Florida Short Sale closing with IndyMac-One West Bank.

The property:

2 bedroom 2 bath single family home located in Dunedin Florida. This home has 1,476 sq ft of living area. It was purchased in October of 2005 for $205,000. Sold yesterday for $101,000.

Liens:

• 1st Mortgage with IndyMac-One West Bank for $190,000
• 2nd Mortgage with IndyMac-One West Bank for $38,000
  

Hardship:

• Curtailment of income. Relocation.
  

Summary:

This was a pretty straight forward Dunedin Florida Short Sale. I was contacted by the Buyer in August about wanting to purchase this property. She had contact info for the sellers so I contacted them and put the deal together. The initial offer was for $72,000. After negotiating back and forth with the lender the buyer agreed to a price of $101,000.

The Buyer is a first time home buyer and ended up using a FHA 203k Rehab Loan to purchase the property and added about $25,000 worth of repairs into the loan.

The Sellers had abandoned the property after an unsuccessful short sale with another agent and were thrilled to be contacted about doing the deal. We were able to negotiate a full waiver of deficiency with no cash contribution or promissory note being required.

I never saw the property, never me the seller or the buyer. The entire transaction was handled via email and text messages.

Tutas Towne Realty placed the property on the market August 12 at $75,000.  The transaction closed on December 20. 130 days from listing to closing!!

This property sold for $101,000. IndyMac accepted $88,000 or .46 cents on the dollar for the 1st mortgage and they accepted $3,000 or .08 cents on the dollar for the 2nd mortgage.

The Seller received full Waiver of Deficiency.

Do you need help with your Florida Short Sale?

Tutas Towne Realty has already successfully negotiated Short Sales with the following Lenders and Investors.

• Chase Short Sale
• Sun Trust Short Sale
• GMAC Short Sale
• Wells Fargo Short Sale
• Bank of America Short Sale
• USA Bank Short Sale
• PNC Bank Short Sale
• Citi Short Sale
• HomeEq Short Sale
• Fifth Third Bank Short Sale
• ING Direct Short Sale
• GreenTree Short Sale
• Capital One Short Sale
• ASC Short Sale
• First Horizon Short Sale
• E-Trade Short Sale
• Transland Financial Short Sale
• US Bank Short Sale
• IBM LBPS Short Sale
• Nationstar Short Sale
• BAC Florida Short Sale
• Real Time Solutions Short Sale
• Fannie Mae Short Sale
• FHA Short Sale
• Selene Finance Short Sale
• Indy Mac
• One West Bank
• DTA Solutions LLC Short sale

Can we add you to our list of successful Short Sales?

Are you facing foreclosure in Florida?

Hi folks. Many of you may know that the Short Sale lenders are starting to get very proactive with getting short sales approved and closed.

Some of the lenders are even paying the borrowers to do a short sale.

All of this is good except for the part where they are also starting to completely control the real estate transaction.

I really like streamlined short sales but I’m not sure I like this little diddy I received form Bank of America:

• “Borrower is in a streamline Cooperative Short Sale program.  We require 3 open houses and a broker tour.  List price is determined by the bank’s pricing tool.”

Open houses? Broker caravan? Really?

How can Bank of America have any clue of what works in MY market? The answer is....they don’t.

Fortunately for me I sold this property in less than a week at full “approved” listing price. Now lets just wait and see how long it really takes to receive the written approval on my approved streamlined short sale. Want to start a pool?

Are you under water on your Florida mortgage?

Hi folks. Recently I have had several Florida Short Sale sellers ask me the same question.....”We need to replace our car. Should we do that before we go through the short sale process?” The concern is that once they go through the short sale their credit will be dinged and financing an automobile will not be easy. One is even paying cash and is concerned how it will look that he went out and spent $15,000 cash on a car and then turned around and asked the lender to accept a short sale.

Interesting question. And one that certainly shows that we are in a different stage of the short sale wave. The Short Sale Sellers mentioned above do not have cut and dry hardships. They are current on payments and have great credit scores.

The first wave of short sellers that started mostly in 2008 were distressed sellers. Property owners that could no longer afford to make their mortgage payments. The next wave were folks that had adjustable rate mortgages that were resetting and they couldn’t refinance as promised when they took out their mortgages.

The current wave is made up of folks that just need to sell but can’t because their properties are too far underwater. They are current on their payments and are not in foreclosure. They could continue to make payments. BUT....they have to move.

Their family has out grown the property. They have a job transfer. Or they are strategic short sellers.

Their situations are different than the first two waves of short sales...

So......should they go out and replace their car prior to doing the short sale? It depends. My response to them is........

• “If replacing your car is something you would be doing even if you weren’t getting ready to do a short sale then, yes, go ahead and do it. If dependable transportation is needed for job purposes then, yes, go ahead and replace it now. Do what you need to do to make sure your family is taken care of. BUT...be able to defend your position if the lender ask you about it. Be able to show that buying a car was needed and not just wanted. And.....be prepared to make a cash contribution towards the short sale lender’s loss.”

This is my opinion. What’s yours?

Are you under water on your Florida mortgage?

Hi folks. Just when I think I have this Short Sale stuff figured out I run across another issue that has the potential to really place my sellers, the buyers and the agents in a difficult quandary.

Recently I received a phone message from Chase in relation to a Short Sale we closed on almost two weeks ago. It went something like this "Hi this is Sarah from Chase calling on LN# 11324567. I am preparing the post closing package to send off to the Investor and noticed that I need the last 2 months bank statements from the Borrower. Please fax these over to me by the end of business today or I will return the check and close the file. Thank You."

YIKES!!! This call came in at 1:00 in the afternoon while I was out of the office. So needless to say I had to scramble to reach the Seller and luckily she was able to get the statements to me in time. I was lucky because my Seller was in the hospital but just happened to have her relative in town who was able to run around and get this taken care of.

The Buyer has already spent about $10,000 rehabbing since he closed on the property two weeks ago.

The frustrating part is that Chase had issued the approval and approved the final HUD for closing.

This has happened to me 3 times over the last few months. You know....I can understand the Lender requesting additional information after closing to complete a closing file but this threatening to return the check and close the file is really starting to piss me off. AND....they only give you a few hours to solve the problem after it took them 7 months to approve the deal.

So....I wonder what would happen if they did return the check and closed the file? The deal has already been closed so I'm pretty sure they can't undo that. Could they? Could they refuse to remove the lien even though all closing conditions were met? What do you think?

Are you under water on your Florida mortgage?