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Mumbling Out Loud

Short Sale Specialist?

By: Ron Tarvin
Tuesday, February 12, 2008 4:39 PM

The short sale has become an increasingly needed tool in our arsenal to help home owners who are in trouble.  For those not in the know, the short sale allows the owner to sell their property for less than what is owed on their loan and ultimately it saves the home owner the FORECLOSURE status on their credit report.   This helps the home owner a year or two or three years from now be able to purchase another home without dealing with FORECLOSURE too. 

It helps the agent who wants to help the home owner to be able to move a home that won't sell at what is owed in a softening market.

 It also helps the bank because a foreclosure process can be very expensive to them.  In addition, it keeps the bank from building too high an inventory of foreclosed homes.

 

All that said, something that might have gone unnoticed in the recent government interventions in the mortgage mess is that the Mortgage Forgiveness Debt Relief Act of 2007 allows the home owner to NOT pay taxes on the amount that is forgiven by thier mortgage company.  In a normal situation, the bank issues a 1099 on the amount forgiven and the owner has to pay INCOME TAXES on it.  For instance, $120,000 owed and the bank sells for $100,000.  The other $20,000 is put on a 1099 and counted as income for the homeowner that sold below what was owed.  With this Act, the IRS will no longer count as income any mortgage debt forgiven!

 

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Comments

Sagine Morgan
Member Since '06

Sagine Morgan said:

Ron,

I believe that the 1099 exclusion is only for homeowners who acccept the bank to forgive their original mortgage. It is not for those who have refinanced and/or adding HELOC or second mortgages and have taken their equity out while things were hot!

Those homeowners will still be hit with a 1099 or bring some of the cash at closing!

Sagine

February 12, 2008 6:14 PM
Ron Tarvin
Member Since '04

Ron Tarvin said:

You are correct!  It does not cover refi or home equity loans. Just original home loan balances!

February 12, 2008 8:14 PM
Gregory Bain
Member Since '03

Gregory Bain said:

Ron, how you been? Haven't seen you post for some time. We are getting all our Texas news here from Bill the Scot. Glad to see you have come back to give us some balance.

As for "short sales", I think all those agents who are misleading the public about the process with the "subject to bank approval" should be taken out back behind the barn.

You see a post in the MLS for a steal and it will almost always have "subject to third party approval" hidden in the comment section. So, you call the agent and NO, he hasn't talked to the bank and doesn't know the mortgage amount or if there is a 2d mortgage on it. And, NO he doesn't have comps to support the selling price. So, you ask the agent why he listed it five months ago for $30,000 more than it was worth?

Click!!!!

February 13, 2008 9:55 PM
Dick and  Dixie Sells
Member Since '06

Dick and Dixie Sells said:

Agreed that the short sale is a definitely needed. It is disheartening to buyers where the listing agent does not have a handle on the short sale process. The discovery process needs to be handled ahead of time to make the after offer time period one that buyers can deal with and still complete the process. The sellers are hurt instead of helped if their agent is not informed as to the time consuming process and that ends up making bad matters worse.  It seems like a third of the listings in our MLS are subject to bank approval and commissions as well.  

February 13, 2008 10:59 PM
Cyd  Weeks
Member Since '05

Cyd Weeks said:

I hear so many different things about how to handle a short sale.  And we too have an MLS chock full of these things that when you call the agent they have no idea about much of anything.   I really don't see how the bank can approve all of the people in my area for short sales.  All these agents just seem to be telling their customers, oh, you're feeling a pinch? Let's do a short sale!   Isn't there supposed to be some sort of hardship involved?  Other than you just don't feel like paying for it?  

February 19, 2008 11:56 PM
Kenneth Fach
Member Since '05

Kenneth Fach said:

Things are complicated enough in the highly regulated real estate arena. I prefer to just work with regular, or normal sales, not short sales. Normal is the rule in my book.

February 20, 2008 7:13 PM

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Ron Tarvin
Keller Williams Realty Katy @ Cinco Ranch

Ron Tarvin
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