|
Manhattan
- Short Sale
Short sales have existed for years. They are more prevalent today
for a variety of reasons including recent lending paractices, declining real estate market, and increased foreclosure rate.
|
|
What
is a Short Sale?- A short sale occurs when
a property sells for a price that is insufficient to pay back the mortgage(s) encumbering the property.
- In order to complete the sale, the seller must either (1) come to the closing with cash from othe
sources to cover the shortfalls or (2) obtain the consent of the lender or other creditors to satisfy the loan or debt for
less than the actual amount due.
- The forgiveness of debt in connection
with the sale of property is commonly known as a short sale.
Who is eligible for a Short Sale?The
homeowner must be in severe financial distress- Each lender
establishes its own criteria. There is no set rules and regulations that determine whether a homeowner will be eligible for
a short sale. A homeowner may be able to convince their lender to approve a short sale if:
- The
home is worth less than the amount owed, and as a result of changed circumstances (financial hardship) the homeowner may become
or already is delinquent on their mortgage payments (2+ months late)
- The
homeowner can demonstrate their inability to make further mortgage payments and that hey are or will eventually be on the
verge of foreclosure.
The
process for getting a short sale approved
- The borrower
must submit a formal offer to the bank containing a signed contract of sale, an appraisal, a preliminary HUD-1 or closing
statement for the pending transaction.
- A personal financial statement (including
tax returns, bank statement and pay stubs) are required to prove financial hardship.
|
|

Short Sale - Benefit to Lender
- It might
make more economic sense to take a loss on the short sale rather than go through the process of foreclosure.
- A short sale is usually faster process a short sale may result in a smaller financial loss to the
bank than a foreclosure because of:
- Attorney and court fees
- Property damage
- Cost of carrying property
- Resale transaction costs
Contract and Third Party Approval
- The
contract must state that it is "subject to all necessary third party approvals"
- Neotiation
of a short sale with a lender is generally done through the loss mitigation, pre-foreclosure or loan workout department of
the bank.
- Multiple levels of approval an conditions are common:
- holders of first and second mortgages
- HELOC lenders (Home Equity lines
of credit)
- judgement and lien holders
- tax authorities
|
|
For
more information and to evaluate whether your listing qualifies for a short sale please contact me for a confidential consultation about selling your Manhattan
apartment or townhouse.
contact:
Mitchell Hall Associate Broker The Corcoran Group
at 917-312-0924
Email
or fill out the form below
|
|
|