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Mumbling Out Loud

Educating the public, but are YOU educated? Short Sales

By: Ron Tarvin
Saturday, March 24, 2007 10:02 AM

Yesterday, on KatyRealEstateGuy.com, I blogged about a woman who lost her home due to foreclosure.  I couldn't get her to understand that in a case like hers, the bank will sometimes work with an agent to avoid HAVING to foreclose because it is an expensive proposition for the bank to take property back. 

The main tool we have to avoid foreclosures is the SHORT SALE.  This is where the bank agrees to take less than owed to go ahead and get rid of the property and clear up the delinquent debt.  The bank will often do this because they have a lot of expense if they go through the foreclosure process and they can actually ease their loss if they SHORT SALE the home.

The story on my blog ( http://www.katyagent.com/blogs/ron_tarvin/archive/2007/03/23/misconception-about-agents-and-the-work-they-do.aspx ) goes on to tell how a couple that I worked with previously avoided a foreclosure on their record by participating in a short sale and how happy they were at closing that they would be able to buy a home later down the road because they would not have a foreclosure on their record.

It bears saying though that the one possible negative effect of doing a short sale is that while the bank will not go after the seller for the difference between sales price and balance of their account, some banks will do a 1099 to the IRS and report the shortage as INCOME, where the seller has to pay income tax on the difference.  Not all banks do this in all situations but some do and agents proposing a short sale should be aware that this CAN happen.

So I guess the question is, do you have the skills necessary to negotiate with the bank in order to effect a short sale for your distressed seller?  Are you up to date on foreclosure rates, days on market and other factors that might help you secure a Short Sale for your seller? Are you up to the challenge to HELP first, rather than being "what's in it for me"?   Do you have some short sale stories to share where you were successful in helping your client out of a bad situation?

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Comments

Natalie Ginnow
Member Since '06

Natalie Ginnow said:

You would be surprised at how many agents and BROKERS don't know what a short sale is. I was working with an investor who asked me about short sales. He knows how to do them, and has done so successfully before. So I asked my broker (at the time I was with a different broker than now, needless to say I have moved on...),and the response I got was "What do you mean? Selling a house quickly?"

So I did my research, learned what I needed to, and proceeded to work with the investor. We were working on a property together that was in distress, not only financially, but the property needed work, to say the least. This was a family of 8, in an 1800 square foot house. They didn't want to lose their home to forclosure, but couldn't make the payments anymore. So, the investor said he would buy the house in a short sale, then rent it to them at a reduced price. (helps them AND he has a renter in place immediately...win-win) So we are going through all the required procedure, and come to find out the Mortgage company was a subsidiary of Wells Fargo- who will not do short sales. After almost 6 months of negotiating, jumping through hoops,helping the family file bankruptcy (not my idea), the bankruptcy lawyer told the family to "walk away". So I lose the listing, the investor is out all his time and effort and money(he paid for the bankruptcy lawyer!),he doesn't get the deal. So the family moves out, foreclosure is processed, and house sits vacant for 5 months. I noticed last week it is on the market again...from an agent 30 minutes away, and the same town as the lawyer. Hmmm...greasy palms?

March 24, 2007 9:28 AM
Mike Farmer
Member Since '03

Mike Farmer said:

Here is a good article.

http://homebuying.about.com/od/4closureshortsales/a/shortsalebasics.htm

I have never done one.

M

March 24, 2007 9:40 AM
Mary Welch
Member Since '04

Mary Welch said:

I have never done a short sale either, have heard about them, but not enough information to know the big picture.

It is like every other scenario in this business, you read, you ask questions and learn so you can help your clients. At this point, I would say "no" to having the skills necessary to get through a short sale.

I am also not embarrassed when something new comes along, I don't wade through it like I know what I am doing. I typically tell the parties this is a new one for me so let's learn together.

Thanks for the info...I am sure it will be my next scenario in this wonderful world of real estate.

March 24, 2007 9:51 AM
Ron Tarvin
Member Since '04

Ron Tarvin said:

One more tool in your Value Added Service belt, Mary.  

March 24, 2007 10:06 AM
Kevin Callahan
Member Since '06

Kevin Callahan said:

Ron how do I add my link page to the message board like you said this is my first time doing all this.

March 24, 2007 10:14 AM
Ed Boyer
Member Since '03

Ed Boyer said:

Short sales are a great tool but very difficult to implement. I have been working with a seller for almost a year now who cannot make payments any longer. I called the bank and have been in conversations with them for about 6 months. Even the forclosure reps at the bank do not understand what a short sale is. When you get in these situations it can be frustrating. I had a buyer for the property who was willing to buy it on a short sale for cash. The owner lives in another country so he no longer cares. The bank has now begun foreclosure and not a single property in this condo has sold in over a year at 20 % below cost. I guess the bank finally wants to spend money and forclose on a property that no one wants. Trying to reach a person ( Asset Manager) at the bank who undestands and is willing to deal with you is a real issue. But never give up you may make some good contacts for future sales. In this world of press 1 now and press 2 now press 6 to start over ....will drive you nuts. Best of luck

March 24, 2007 1:04 PM
Rita Sipaila
Member Since '04

Rita Sipaila said:

I have done one short sale (several years ago) and it had a good outcome.  I recently attended a small class a local title/escrow company gave regarding short sales and received some great information.  The escrow officer teaching the class had much experience with them.  You may wish to check with your local title/escrow companies to see if they have a person experienced with short sales who could help you with what you need to know and the forms required.  

March 24, 2007 2:18 PM
Christine Moscinski
Member Since '06

Christine Moscinski said:

Great Blog!!

March 24, 2007 3:32 PM
Lonn Dugan
Member Since '05

Lonn Dugan said:

We do a lot of short sales around here :(

Shorts are more work than they are sometimes worth....

But you forget all the grief on payday!

I have three deals pending at moment, Two double dips, and both doubles are short sales.  ARGGHHH...

March 24, 2007 3:36 PM
Ron Tarvin
Member Since '04

Ron Tarvin said:

Sometimes the gratitude makes up for the undercut in comissions and extra work that a short sale can bring, Lonn.

The very first short sale I did, I got SEVERELY squeezed by the bank on my comission.  It was about 125,000 dollar house and I think I made about $1200 on it.   But the seller's gratitude after it was all over made it all worth it.  Ultimately, the referred two more sellers to me which of course makes up for it!!  But it also let me understand that sometimes we do what we do for more than $$$.

March 24, 2007 4:39 PM
Cheryl Simon-Jordan
Member Since '07

Cheryl Simon-Jordan said:

Great Blog! Short Sales are popping up all the time now in my area and I am currently working through one with one of my Sellers.  I did not know about the possibility of the forgiven debt being added to the Seller's income. Something for me to check into. Thanks!

March 24, 2007 6:31 PM
Anna Horton
Member Since '07

Anna Horton said:

I have never done a short sale either but have handled many HUD OCWEN, REO etc. for buyers.  I, too, had an informal course about them from, of all people, a lender. Learned enough to know it's a slippery slope I have yet to climb.

Good subject to share knowledge on.

March 24, 2007 6:59 PM
Ron Tarvin
Member Since '04

Ron Tarvin said:

One thing to remember and remind your sellers of is that getting a 1099 for the difference to pay INCOME TAX on is a lot better than the bank foreclosing, selling for a major loss and then coming after them for the ENTIRE difference between what they owed plus late fees etc and lawyer fees.

In the typical shortsale scenario, you might be talking about 20K in difference, and then having to pay the IRS 20-25% of that depending on their income tax bracket, versus the same home foreclosed at a $50,000 loss, plus another $5,000-$10,000 in fees and lawyer/court costs and being responsible for 100% of it!

March 24, 2007 7:04 PM
Mipeco Realty, Inc -  Michaela Krestenic, Broker-Owner
Member Since '03

Mipeco Realty, Inc - Michaela Krestenic, Broker-Owner said:

I have only seen a few properties around here listed as short-sales. If you list one of these ... who guarantees your commission? How can you make sure you will get paid in the end?

March 25, 2007 8:40 PM

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