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Sunday, March 1, 2009

Taking Advantage of Short Sales to Avoid Foreclosure

By Tomasheus Privetsky

In difficult real estate sales markets, one of the tools used by lenders to minimize the financial losses associated with foreclosure is a short sale. Short sales are often utilized when homeowners with high mortgage balances are in arrears and unable to bring loan payments current. A lender can either proceed to foreclose upon the property, or can try to convince the homeowner to list the property for sale to pay off the outstanding loan balance.

If the owner is willing to cooperate and sell the property, lenders will often settle for an amount far less than the current balance owed on the mortgage loan. Lenders would rather give homeowners a shot at selling the property below market value before running a foreclosure auction. When a home is sold at a price that won't net enough proceeds to pay of the entire mortgage balance, this is called a short sale.

Though it may seem surprising, many lenders will authorize the sale of a home at a price that will not pay off the existing loan balance that the lender is owed. These short sales are lender-approved sales in an attempt to avoid foreclosure. By facilitating a short sale, lenders mitigate or minimize the losses suffered as a result of foreclosure.

Why would a lender allow a short sale if it will result in monetary loss for the lender? The lender is trying to lose less than it otherwise would if the home were to go through the actual foreclosure process, since foreclosure itself is extremely expensive for the lender. Foreclosure involves legal fees, loss of interest income, the cost of evicting the homeowner, back property tax balances, plus insurance and real estate commissions. Short sale results in the lender losing less money than it typically would with a lengthy and costly foreclosure proceeding.

This is why negotiated short sales may often bring the lender a higher net amount than a home acquired through foreclosure and resold later. Lenders have taken so many REOs (repossessed houses) they are now facing enormous costs, time, and losses as these non- performing assets are sitting on their books. But the foreclosure costs aren't the only thing that creates an enormous pressure on lenders.

Lenders are also pressured by city and county governments to keep vacant foreclosure properties in good condition to stave of vandalism and drug related crimes. Some municipalities even file lawsuits against lenders that fail to maintain vacant REO properties in good repair. This risk is another reason why lenders increasingly prefer short sales over foreclosure proceedings.

Many lenders try to get rid of their large inventory of REO homes by making huge price cuts. Still, many lenders have found that owning a large inventory of foreclosure properties is more of a burden than it is worth. This is why lenders are increasingly reluctant to avoid foreclosing on homes if there is any other alternative available. Short sale has become such a widely used option that many lenders now have staff on hand whose job is to negotiate short sale offers submitted on foreclosure properties. Lenders are taking every possible step to avoid adding to the ever-growing burden and expense of owning vacant foreclosure properties.

When you are buying a house through a short sale you have an opportunity to get a property in foreclosure at sizable discount before the foreclosure auction. Keep in mind, the short sale can only happen with the approval from the lender. If you're a real estate investor you can either sell it at profit or you could use a short sale bargain as a rental and enjoy a higher than usual cash flow.

But why would a homeowner agree to a short sale? With so many homeowners out of work and unable to pay their mortgages, more and more homeowners are facing the real possibility of foreclosure.

For homeowners with few resources to make often high payments on an over-financed home, a short sale is sometimes the only way to easily exit the situation. For investors, a short sale can be a path to a profitable return on the sale of a foreclosure home.

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