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What is a Short Sale?
When your lender agrees to accept less than what you owe to discharge your mortgage and sell your property.
I just received a letter indicating "Foreclosure" what do I do? Act quickly and contact usto review your options. Foreclosure letters come in many forms and could represent different time lines for you.
Why would my bank accept less money or work with me? Any Bank or Lender can establish an estimated cost of loss if you default. Most banks even have a loss mitigation or prevention department. As a general rule Banks do not want to own property. They are lenders not property managers. The cost to maintain your property after they take it from you includes: taxes, insurance, maintenance etc. The Bank "loss" can continue to grow long after you are gone. Even at a sale the Lender expects to get much less than market rate because it is not an ideal way to sell property. In many cases a preemptive offer or attempt to sell your property, even for less than you owe, will actually be a better option for the Bank.
I started to get a lot of flyers, letters, postcards and other solicitations from people who say they can help. How did they get my information? Can any of them help me? Foreclosure is a public process. A notice is filed in court, usually by your Lenders Attorney. Once this happens there are several companies and individuals who take the information and attempt to market their services to you. Your information will even be sold several hundred times. Most of these offers are equity driven. If you don't have a lot of equity left or want to keep some of it yourself then most solicitations won't work. Remember anyone who contacts you is trying to make money. Ask yourself how will they get paid? Who will pay them?
How does a short sale affect my credit?
If we can sell your property before a sale it will typically show up as "paid" however the lender does reserve the right to make a notation typically "less than originally owed". The best way to preserve your credit is to act quickly. The actual foreclosure sale and subsequent judgment for the sale difference is what you MUST avoid. Your credit report will show the sale and in most cases a large judgment against you for the banks losses.
I've heard there are tax consequences if the lender forgives some of the debt? December 20, 2007. President Bush Signs H.R. 3648, The Mortgage Forgiveness Debt Relief Act of 2007 No tax consequence on primary residence (restrictions possible consult an accountant) YES, there might be. Your Lender will report the debt as a tax loss. Similarly you will have to account for the gain. In most cases if it is a primary residence there are 5 situations that will forgive the tax burden. 1. Insolvency - your total debts exceed your total assets at the time your debt was settled or deemed non-collectable 2. Bankruptcy - the debt was already discharged through a bankruptcy proceeding 3. Indebtedness due to certain real property business losses 4. Indebtedness due to a qualified farm expense 5. Discharge of your debt was treated as a gift
I know when the sale date is, do I still have time? In most cases the Lender will review offers right until the actual sale. You also might be able to take action that secures more time. However, you must act very quickly and call us for a free confidential consultation.
What will I need for the Lender? Most Lenders will require information from you. Essentially it is a reverse loan application. Instead of convincing the lender that you are credit worthy, your data should indicate your inability to pay. This may include: personal hardship letter, tax returns, pay stubs, bank statements etc.
I am 60 days late, do I have to sell my house? NO, not necessarily. Although the pressure seems to be mounting there are still many options available to you. You must act quickly, call our office for yourfree confidential consultation (813) 944-2145.
My Husband is in the Military is there any assistance for Military families?
Mortgage relief is available for military personnel under the Service members Civil Relief Act (SCRA). It prohibits the sale, foreclosure, or seizure of service member property secured by the mortgage during the period of military service, or within 90 days thereafter. There are some stipulations.
Should I try and sell my house myself? FSBO (for sale by owner) is always an option while you own the property. Most Lenders will require that you list your home for sale with a REALTOR who subscribes to MLS. It is a proven and the most credible method of selling property. The Listing Agreement is often proof of your willingness and attempt to sell. Which could secure you more time to sell.
I'm ready to work with you, what's next? You need to call us at (813) 944-2145 or email us for a brief interview. We will get you three documents that you must sign before we proceed. a) Lender authorization letter which will allow us to communicate and get information from your Lender. b) Listing Agreement which will allow us to market and sell your property. c) Property disclosure statement verifying the condition and items in your home.
Is it legal? YES, we do not condone any fraudulent activity. Everything that we do for you is done legally and negotiated with all parties involved.
Do you cover all of Florida? YES, we are Licensed to do business anywhere in the state of Florida.
What options do I have? The options available to you depend on a couple of factors. a) the immediate disposition of your mortgage (what stage the mortgage is in) b) your goals, concerns and objectives. Options we might review with you include: Pre-Foreclosure Sale, Short Sale, Deed-in-Lieu of Foreclosure, Chapter 13 Reorganization of Consumer Debts, Do Nothing, Reinstatement Plan, Repayment Plan, Loan Modification, Loan Restructuring, Loan Refinance, Loan Forbearance, Assumption Partial Claim, etc...
I have a second mortgage on my property. How will that get paid or go away? In this market there is no second or third lien holder who has any interest in foreclosure. In fact the worst thing they could hear is that the 1st position lien is going to foreclosure. When the 1st position goes to foreclosure they are guaranteed to get nothing (in the current market). Many second position lien holders are settling for as little as $1000. Most 1st position investors are setting policy to buy 2nd position for as little as $1000. Everything starts with an offer on your property. The offer gets submitted to the first lien holder with a proposed HUD. If the second position is completely left out we usually pull a little from the first to satisfy the second. (on the proposed HUD) . A non-performing or "bad" loan is not good for the bank to have on their books. It hurts their loan portfolio and ability to borrow more money. In many cases it is better to accept something just to close out the loan.
I still own the property, but someone changed the locks and mowed the lawn. What's going on? In all mortgage documents the lienholder (bank, mortgage company) has the right to make sure that the property is secure. The lender will occasionally send someone out to check on the property. The most important thing that the lender needs to know is if the property is secure and being cared for. If the drive by appraiser reports that the property looks vacant, the lender will usually send you a letter asking "if the property is vacant or abandoned". This letter will look like any other collection letter and does not come certified mail. Often times the letter is discarded as junk or collection mail. The letter requires a written response from you in a set period of time. If you do not respond the lender will hire a management company to secure the property and maintain it. If the property does still belong to you and the locks have been changed, we should be able to get access through the management company.
