Short Sale: The Upside Down Mortgage Exit Strategy
Some of us late on our mortgages, some not. Either way, many of us are stuck in mortgages we hate. Many Americans were lured by the attraction of refinancing into low low teaser rates in the ever appreciating market of yesteryear. We were told that when the time came for the payments to go up, we'de simply refinance again and PRESTO! We be in the money again! Well now the banks are in trouble, and nobody is lending money. Our predatory loans are coming back to haunt us, putting incredible strains on our marriages and bank accounts. What are our choices? Who can we trust?
I not late on any payments, but I am working like a dog to keep up with them. I won't be able to sustain this speed for very much longer. You see, I started investing in rental homes a while back and have faithfully stuck with them through thick and thin. Now I'm struggling and looking for help and looking at my options. People keep telling me I'd be in a better position if I had missed some payments!!
The "end of the line" for me was when a rental home value dropped by $100000 in just a few months. I calculated the time it would take to regain my loss in a healthy market assuming 8% appreciation a year, and it would indeed by over 10 years. So that means no matter what, I'll be scraping to make ends meet for a long long time. No appreciation, no gains. Just damage control. It just doesn't make sense anymore and perhaps it would be better to take a hit now, and start the recovery process, earlier. So where do I go from here?
That's what I had to ask myself, and the professional I talked to. Maybe your in the same boat as me. Maybe your house is worth a lot less than you owe on it. I researched and talked to real estate attorneys, realtors, and CPAs. Here is what I found out, and I hope my story can help you make your own decision.
1. Keep juggling the payments and keep the faith! This option is really subject to your income and monthly expenses. The question for me was if I was willing to hack it for 10 years. Who knows though . . . . it may take longer depending on when the market actually begins to recover. In reality, it will probably take MUCH longer. You know what they say, "You can't time the market!"
2. Try to renegotiate your loan with the bank: I've done this successfully. It's a good step if your home hasn't depreciated over $100,000. You just call up the bank, and as for the "loss mitigation department." You tell them your having a hard time, and they will send you a hardship package to fill out. You fill it out, looking as financially desperate as possible, and they will come back to you with a modified loan.
3. Short Sale: This is sort of a pre-foreclosure sale. Your late on a few payments, and the bank takes a serious look at you and threatens foreclosure. You find a realtor to represent you and present the hardship package. The realtor prices the home at a substantial discount and finds a buyer. They present the offer to the bank, and the bank usually accepts the deal, which is a positive situation for all. The bank is always interested in short sale instead of foreclosure as it saves them 10s of thousands of dollars in hassle and legal fees, and allow both parties to move on to new business. You should remember that there are still negative ramifications for short sales, even if less damaging than those associated with foreclosures and/or bankruptcy. However, short sales do carry less negative effects than foreclosures. Short sale sellers are widely seen as more credit worthy than foreclosed sellers. Case in point, Fannie Mae recently adjusted their guidelines to dictate only a two year waiting period for a short sale seller to buy another primary residence, while they extended the waiting period for foreclosures to five years.
4. A Deed in Lieu of Foreclosure is one of the banks least favorite options. This is where you just hand over the deed, and say goodbye to the bank. The lender has to then sell the house to recover it's losses. The bank will subsequently provide the borrower with 2 documents. One document will cancel the debt and relieve the borrower any further debt, and the other one assures they can never come back to you for the money.
5. Foreclosure: This is the final option and if you like to go to court, then this is the option for you. In foreclosure, the lender first sends you a summons to appear or foreclosure complaint. The borrower responds to prevent foreclosure and explains the problems at a hearing. The borrower can this point you can still pay the full amount and get the house back during this redemption period. After the redemption period is over, the lender sells the property a public sale or auction and getting as much as they can (or settle for). Any excess goes to you, the original owner/borrower. If the sale amount is less than the loan amount, and in your case it probably will be, you will still owe the balance to the lender. This amount is determined as a result of deficiency proceedings.So as you can see, as we go down the line, the options get worse and worse! As far as my situation, I have to walk away from at least 3 houses. I'm losing a hell of a lot of money, but I'm getting my life back.
I not late on any payments, but I am working like a dog to keep up with them. I won't be able to sustain this speed for very much longer. You see, I started investing in rental homes a while back and have faithfully stuck with them through thick and thin. Now I'm struggling and looking for help and looking at my options. People keep telling me I'd be in a better position if I had missed some payments!!
The "end of the line" for me was when a rental home value dropped by $100000 in just a few months. I calculated the time it would take to regain my loss in a healthy market assuming 8% appreciation a year, and it would indeed by over 10 years. So that means no matter what, I'll be scraping to make ends meet for a long long time. No appreciation, no gains. Just damage control. It just doesn't make sense anymore and perhaps it would be better to take a hit now, and start the recovery process, earlier. So where do I go from here?
That's what I had to ask myself, and the professional I talked to. Maybe your in the same boat as me. Maybe your house is worth a lot less than you owe on it. I researched and talked to real estate attorneys, realtors, and CPAs. Here is what I found out, and I hope my story can help you make your own decision.
1. Keep juggling the payments and keep the faith! This option is really subject to your income and monthly expenses. The question for me was if I was willing to hack it for 10 years. Who knows though . . . . it may take longer depending on when the market actually begins to recover. In reality, it will probably take MUCH longer. You know what they say, "You can't time the market!"
2. Try to renegotiate your loan with the bank: I've done this successfully. It's a good step if your home hasn't depreciated over $100,000. You just call up the bank, and as for the "loss mitigation department." You tell them your having a hard time, and they will send you a hardship package to fill out. You fill it out, looking as financially desperate as possible, and they will come back to you with a modified loan.
3. Short Sale: This is sort of a pre-foreclosure sale. Your late on a few payments, and the bank takes a serious look at you and threatens foreclosure. You find a realtor to represent you and present the hardship package. The realtor prices the home at a substantial discount and finds a buyer. They present the offer to the bank, and the bank usually accepts the deal, which is a positive situation for all. The bank is always interested in short sale instead of foreclosure as it saves them 10s of thousands of dollars in hassle and legal fees, and allow both parties to move on to new business. You should remember that there are still negative ramifications for short sales, even if less damaging than those associated with foreclosures and/or bankruptcy. However, short sales do carry less negative effects than foreclosures. Short sale sellers are widely seen as more credit worthy than foreclosed sellers. Case in point, Fannie Mae recently adjusted their guidelines to dictate only a two year waiting period for a short sale seller to buy another primary residence, while they extended the waiting period for foreclosures to five years.
4. A Deed in Lieu of Foreclosure is one of the banks least favorite options. This is where you just hand over the deed, and say goodbye to the bank. The lender has to then sell the house to recover it's losses. The bank will subsequently provide the borrower with 2 documents. One document will cancel the debt and relieve the borrower any further debt, and the other one assures they can never come back to you for the money.
5. Foreclosure: This is the final option and if you like to go to court, then this is the option for you. In foreclosure, the lender first sends you a summons to appear or foreclosure complaint. The borrower responds to prevent foreclosure and explains the problems at a hearing. The borrower can this point you can still pay the full amount and get the house back during this redemption period. After the redemption period is over, the lender sells the property a public sale or auction and getting as much as they can (or settle for). Any excess goes to you, the original owner/borrower. If the sale amount is less than the loan amount, and in your case it probably will be, you will still owe the balance to the lender. This amount is determined as a result of deficiency proceedings.So as you can see, as we go down the line, the options get worse and worse! As far as my situation, I have to walk away from at least 3 houses. I'm losing a hell of a lot of money, but I'm getting my life back.
About the Author:
Did you like my article? For more information and help for your own situation visit my blog atHouseShortSale.org. You'll learn lots and find resources for your own situation.
posted by Credit Counseling at
10:47 AM
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