Archive for the ‘Real Estate Short Sales’ Category

Advantages of a Short Sale

Sometimes, you can avoid having to go through the foreclosure process by doing a real estate short sale. Real estate short sales are commonly associated with upside down mortgages. When a homeowner is upside down, which means he or she owes more than his or her home is worth, then it does not make much sense to sell the home because the proceed from the sale will not be enough to pay the bank off. If the homeowner is only a little upside down, he or she may decide to fork up the difference out of pocket. However, most of the time, upside down homeowners do not have the money to pay up the differences. This is why a short sale is necessary.

When the bank feels that there is no way the homeowner could pay what he/she owes in full, the bank may decide that some payment is better than no payment at all. The bank may also decide that it is more profitable to go ahead and accept a short sale proposal rather than proceed with the foreclosure process. After all, in this buyers market, the bank is not likely to be able to sell a home for a large amount of money.

What are the benefits of a real estate short sale?

The main benefit of doing a short sale for a homeowners is to be able to get out of the mortgage obligation without having to pay it in full. If the homeowner is in foreclosure, the short sale will stop the foreclosure. That means, you should not have foreclosure on your credit record. However, sometimes, the bank has sent  your account to a collection agency or has reported foreclosure to the credit bureaus and then do not send them updates after the account has been settled under a short sale agreement. If this is the case for you, then it is up to you to make sure that the bank send proper notifications to credit bureaus and collection agencies or you can dispute with the credit bureaus yourself.

The effects of short sale on your credit

Unlike a foreclosure, having a short sale on your credit report is not as damaging but it is not totally good either. Usually, you will be able to borrow money sooner with a short sale on your credit record than a foreclosure or bankruptcy. So, if a short sale is an option for you, then credit-wise, it is a good option for you to take. However, you need to also consider disadvantages of doing a short sale too. With a short sale on your credit record, the interest rate you are going to get will still be high but not as high as you would get with a foreclosure or bankruptcy on it.

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Working with the Mortgage Company

When Lenders Wanted to Foreclose

In the past, when home values were high, lenders would not think twice about foreclosing on homes that were in default. When homeowners could not afford the monthly mortgage payments, the lenders would soon send notices to remind the homeowners to pay up. When they still did not get any responses or payments, they sent foreclosure notices. A few months later, if the homeowners could not pay or come up with solutions somehow, the mortgage companies would proceed with the foreclosure auctions. At the auctions, the banks would set opening bids which are roughly the amounts they were owed.

Lenders No Longer Want to Foreclose (most of the time)

When home prices were high and kept rising, there were hopeful buyers looking for homes that they could fix and sell for much higher values. So, the system worked out well for the banks and the buyers or investors. The problem is that now home values are low and many homeowners are upside down, as in they owe more than their homes are worth.

Lenders know that at foreclosure auctions, they cannot set the opening bids as high as they want to in order to payoff the mortgages owed. Homebuyers are looking for real bargains and they are not going to pay as much as the lenders need to recoup all of the money owed on each home. Also, the foreclosure process costs money. The process is risky for the banks as they might end up getting very little money back, or worse yet, end up with the homes that they cannot get rid of or do anything about. Remember, lenders are not landlords and they are not in the real estate business.

Selling Homes at Auctions

Right now, it costs the banks more to proceed with the foreclosure process than what they are going to get back. So, unless your home is in an up and coming neighborhood with real value, then the bank would prefer to work with you to come up with something that works for them and for you. If your home is in a bad condition and homes around you are not selling well then it is likely that you can work something out with the bank. Many banks have shown that they prefer to have the homeowners in the homes and making some payment rather than have them out if the prospect of selling the home is not good. This is why a short sale is attractive to the bank when a homeowner has no way of being able to afford the mortgage payments. By making the bank see that it is better to have you in the home, you can avoid foreclosure or live rent free for a while.

The Foreclosure Survival Guide

The Foreclosure Survival Guide: Keep Your House or Walk Away With Money in Your Pocket

As we have already mentioned in many posts that there are many options that are available to homeowners who are facing foreclosure. However, you have to act fast. The faster you try to get help, the better your chances of getting out of foreclosure are. One of the biggest problem is that most homeowners in foreclosure are in denial about their situations until it is too late. Many homeowners do not tell anyone, do not ask for any help and just ignore the bank during the foreclosure process. Finally, a day or a week before the foreclosure auction, they speak up and ask for help. By that time, they only have very few options available to them, if any. This book called The Foreclosure Survival Guide: Keep Your House or Walk Away With Money in Your Pocket will help you understand what you need to do if you are going to stop the bank from taking away your home.

"Nolo's just published The Foreclosure Survival Guide: Keep Your House or Walk Away with Money in Your Pocket by Steven Elias "discusses the most recent laws designed to help homeowners deal with the crisis and points them to resources (nonprofit housing counselors, government agencies and so on) that may help," says Mary Randolph, Nolo's senior vice president of editorial.

Elias, a practicing attorney, former Nolo associate publisher and current president of the National Bankruptcy Law Project, advises that readers not panic. "Even if the lender does foreclose on the house, the process takes months at the least. You're going to have time to evaluate your options and make smart choices." (Publishers Weekly )

Bankruptcy attorney Elias targets the estimated two million American homeowners who are currently in default on their mortgages. Elias explains how foreclosure works, what options there may be for keeping a home when in default, and what to do when that is not possible. He includes instruction on negotiating a workout with a lender as well as chapters on how to use bankruptcy to avoid foreclosure. Elias's section on fighting foreclosure in the courts helps readers understand the circumstances in which they may be able to delay or stop a foreclosure action. The appendixes provide summaries of each state's foreclosure laws, a glossary, and information on finding and working with lawyers and bankruptcy petition preparers. Straightforward and timely, this is recommended for most public libraries.

Description

Facing foreclosure? Know your options!

According to Harvard's Joint Center for Housing Studies, "the number of homeowners paying more than half their income on housing rocketed from 6.5 million in 2001 to 8.8 million in 2006... The number of homes entering foreclosure nearly doubled to 1.3 million in 2007 from about 660,000 in 2005."

If you're having trouble making your mortgage payments or are already in jeopardyof foreclosure, The Foreclosure Survival Guide compassionately gives you the practical information you need, step by step.

An essential tool for anyone at risk of foreclosure, The Foreclosure Survival Guide provides key information about:

  • mortgages, including adjustable rate mortgages (ARMs)
  • short sales
  • deeds in lieu of foreclosure
  • judicial and non-judicial foreclosure
  • credit counseling
  • liens, and
  • using bankruptcy to deal with foreclosure.

The Foreclosure Survival Guide gathers all the information Attorney Stephen R. Elias has used to help hundreds of clients over 30 years of practicing law and shows you how to deal with foreclosure.

Like many hardworking people facing foreclosure in this rough economy, you deserve answers to your pressing questions. Thorough and easy to understand, The Foreclosure Survival Guide can help you stay in your home or walk away with money in your pocket.

The 2nd edition is updated with the latest federal legislation and bank-implemented foreclosure-delay programs which offer homeowners even more ways to keep their homes.

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