Short sales have been around for many years, but our recent market has brought this type of transaction to the forefront. Many people have some understanding of a short sale, but let’s review the basics.
A short sale is a transaction where the seller does not net enough money from the sale to pay off their lender. Thus, they are shorting their lender…..short sale. The big catch, the lender has to agree to the short pay off.
It is the seller and listing agent’s job in the short sale to convince the lender it is in their best interests to accept the short pay off. This means showing the lender they will suffer less monetary loss with selling short than foreclosing. This is done by getting a fair market offer for the purchase of the home, providing seller financial information demonstrating they can no longer afford the home, and they have no other alternative but short sale or allow the bank to foreclose. Foreclosure is an expensive legal proceeding that requires attorney’s and trustees, and then the bank will have to sell the property anyway. One can generally assume a short sale will be more attractive to the bank than foreclosure.
Conceptually, short selling is quite simple. In reality, the process can be hugely complex. Why? First, there are an incredible number of homes in this process and the banks have been trying to catch up with the tsunami of short sale requests – a huge back log. Then, there are all the additional entities that have an interest in the property – 2nd trust deeds, HOA’s, utility companies, property taxes, mortgage insurance, etc. These groups need to be paid or agree to a short pay off as well. The more groups that are owed money, the more complex it can get.
Short selling requires strategy, knowledge of foreclosure laws and timelines, experience, and very close attention to detail. These are not for the average real estate agent and that is why the national average of short sale closing is about 40%.
I close 95% of my short sales. The agent really matters in a short sale.