Short Sale Season Returns

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Broderick Perkins, Realty Times Columnist

In Atlanta, GA, a record 3,431 foreclosures hit in September and the region is suffering through a 24.8 percent rise in foreclosures this year, according to the Atlanta Foreclosure Report by EquiSystems LLC. From Buckhead to Stone Mountain, homeowners of both moderately priced and high-end homes are losing their most valuable asset.

In Colorado, through August, there were 5,665 foreclosures filed in Adams, Arapahoe, Boulder, Broomfield, Denver, Douglas and Jefferson counties -- a 37.7 percent jump from the 4,115 foreclosures in the first eight months of last year, according to county government record keepers.

Seattle, WA's delinquent mortgages rose 50 percent between June 2000 and July 2003, according to Loan Performance, a San Francisco firm that tracks mortgage data monthly.

Foreclosures are expected to reach a record 7,000 in 2003 in Austin, TX, according to Addison, TX-based Foreclosure Listing Service Inc. Foreclosures are up 64 percent since the first of the year.

And in Silicon Valley, where home prices remain far above a half-million median and continue to rise, investors and speculators who shop the foreclosure market say banks raise the gavel at less than the full value of loans just to unload the growing number of homes they've had to take from owners.

The experts in regions from coast to coast say the foreclosure numbers are relatively small, but more and more often sellers are taking homes off the market because the owner can't find a buyer willing to pay for homes with loans higher than the home's true value. In many cases, the owner suffers foreclosure.

Chalk it up***Must have at least 5 friends to unlock*** bust dust, a stubbornly soft economy and its shrinking job market, the proliferation of easy money mortgages, poor financial planning and just plain gotta-have-it-now greed, a growing number of homeowners face losing their most valuable asset.

A short sale, while not a panacea, may be one way out of the mess.

A short sale occurs when a lender agrees to write off the portion of a mortgage that's higher than the value of a home. A buyer must be willing to purchase the property.

The strategy can offer a softer financial landing than bankruptcies or foreclosures, provided you survive the turbulence on the way down.

A difficult consumer real estate transaction to approve, short sales involve as much, if not more paperwork than an original mortgage application.

Instead of proving your credit worthiness and financial stability, you must prove you are broke. You must be without cash flow, including savings, investments, trusts, liquid retirement funds or other finances to tap.

Ironically, while you are proving insolvency you also may reveal the dark under side of your original application. Insolvency today could be rooted in financial trouble that began before you purchased your home -- trouble you didn't reveal to your lender who could now consider your tight lip fraud from the past.

Property encumbered by a second mortgage will likely kill a short sale deal, because the second lender often won't remove its lien and risk losing its investment. A private mortgage insurance holder will also want to protect its interests.

Before you can even approach the lender you must have a firm market-value offer from a qualified buyer and a broker who can negotiate the deal.

And when you can least afford it, you may have to hire an attorney to negotiate what the lender will report to the credit agency.

If you qualify for the short sale, it isn't over until the tax collector sings.

Any remaining difference between your home's value and the balance on your mortgage is considered a forgiveness of debt and, in virtually all cases, that's income that is taxable.

Chalk up another expense for a good tax professional to hold your hand.

The bottom line one short sales? Be aware. Be very aware of the devil in the details.

Comments(1)

  • Lufos7th November, 2003

    It has been a long long time since we were asked to attend a Foreclosure Sale by the Trustee conducting the sale or by the Beneficiary (lender). Yes it has just happened as above described. It is a property in the Greater San Francisco Area. The Lender has instructed the Trustee to open the bidding on the property at one half the unpaid balance of the Trust Deed not including expenses, interest or costs.



    The opening bid on behalf of the beneficiary will be in the approx sum of $400,000 instead of the balance due of over $800,000.



    I had my resident appraiser check the property. He looked at last appraisal 2/14/02 for $1,000,000 and informed me it was a forcemont MAI (Made as Instructed) His present time appraisal of the property. Today at 3:35 in the afternoon. Six Comps sales within last six months. $725,000.



    In consideration of certain CD's on deposit with the lender. They will make available at time of sale Cashier Checks totaling $425,000.In my Buying Syndicates Name.



    We will attend the sale. Yes we have a buyer at $700,000. who will pay all cash. Buyer has indicated he will after recording of Grant Deed to the property consider a new loan of $400,000. Will pay 1.5 ponts and interest as requested at market. He is newly wealthy does something in Broadband. Was one of those who slid down the mountain in the Dot Com crash. Like Lazarus he dune come up again.



    What you see here is a "Deal Shop" in operation. An organization of Licensed Real Estate Broker, Licensed General Contractors, Unlicensed highly qualified Real Estate Investors. A defrocked priest who inherited a fortune, an ex pimp who has lost a fortune and an Attorney of no legal consequence who will receive an excellent fee. We are still looking for a bartender who will stir not shake the proper concoctions. Another page is about to be turned in the Book of Real Estate. I wonder, would it be correct to turn the page forward or is the correct flip backwards.



    Observing Lucius P.S, I get to bid...

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