What You Should Know About Short Sale

By Don Burnham

When an owner can longer afford to keep mortgage payments current, there are alternatives to bankruptcy or foreclosure. One of those options is called a short sale.

Not all lenders will sign a short sale. This is because signing it means agreeing to be paid an amount less than what's due. The lender will be accepting a discounted payment for what they've lent out, in effect, forgiving the remaining deficiencies of the trustor or borrower. Of course, not all lenders will take a short sale -since pursuing foreclosure and taking the property as collateral will certainly make more financial sense.

State laws vary, so consult your real estate lawyer to determine if your loan and case qualifies for a deficiency judgment or claim for a short sale.

The amount of time for a short sale to get approved is difficult to guess. In other words, the short sale process is long and tedious. The lenders in short sales business usually say that it takes 21 days time for the approval to come through.

The tedious process of securing a short sale is sure to take a very, very long time. 21 days is the usual answer, should you ask the lender. But that's just a minimum, some cases may actually take twice that time to get approved.

Not just for nonpayers, those who have never once paid a single installment can also avail -thanks in part to their negative equity. To short sell is to get out of a very rough and highly threatening financial situation, take it when you need it and take it if you can.

The process: The contract, authorization to release, and the addendum -these are the key parts of the whole short sale process, topped off with the warranty deed. Here we'll take a closer look at the contract and the addendum:

The Contract: This can be laid out in a single page, or even 20 pages -any type of generic sales or purchase contract. Should the price be mentioned, it should be followed by the phrase "see addendum".

The Addendum- Your Most Important Tool

The basic document that contains nearly all vital info on conducting the transaction is contained in the addendum:

Origination of the contract

Date

Names of the parties involved

The address

Tip: It's advised to list both the legal address and the simple address in the addendum -for the purposes of clarity and transparency.

Any good investor should be aware that a short sale is a good way to peruse quality bargain real property -a case in which a short sale is actually more financially reasonable than outright foreclosure.

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