Learn About Short Sales & How They Can Help Avoid Foreclosure:
- What is a Short Sale?
A Short Sale is the sale of a home when sales proceeds are not sufficient to pay off the existing loan(s) but the lender(s) accepts a discounted payoff to fully satisfy the loan. A lender would usually rather negotiate a settlement today with a Short Sale than be forced to incur the expense of a foreclosure later. Consider this: the lender wants to limit their losses in the future just as badly as you do.
At the same time, the existing lender pays for all sales fees. This includes sales costs, commissions, escrow, title and any repair costs. The loan shows as "paid" with a zero balance on your credit and you avoid foreclosure.
- Why would a lender accept a Short Sale over foreclosure?
With an uncertain housing market, it is often in the financial interests of a lender to accept a negotiated settlement rather than incur the costs of a prolonged foreclosure process. And if a lender does repossess a property, they could continue to incur costs for months in order to maintain the property while they try and sell it. An Orange County short sale can be a practical and cost saving alternative for all parties involved.
- Is a Short Sale right for me?
If you add up your total monthly expenses, including your mortgage, property tax payments, insurance, car payments, utilities and food and compare that to your take-home income, how much longer can you afford to keep up with your payments? If you have an adjustable rate, and the payment is going up, how long can you afford that? Is it worth prolonging your current financial situation? Especially if home values in your area continue to decline. If you are faced with economic hardship, an Orange County Short Sale can be a financial life-saver. You may need to ask yourself, is it worth it to continue to fall deeper into debt, falling further and further behind with little hope of catching up? We are Orange County short sale specialists, we can help determine if a short sale may be a viable option for you and your family.
- What is a financial hardship?
A hardship is a situation that has a life changing effect for the borrower that results in an in-ability to pay the mortgage debt in either, short or long term. Some examples are:
* Separation or Divorce
* Medical Bills
* Inability to work due to health reasons
* Death of Spouse
* Job Relocation
* Reduced Income or Unemployment
* Business Failure
* Adjustment in mortgage payment or unforeseen increase in living expenses. There are additional hardships, as an Orange County Short Sale realtor we can help you determine if you have a valid hardship.
- I am current on my mortgage, will my lender consider a Short Sale?
The answer is, maybe. Some lenders will accept a Short Sale file for approval on loans that are not delinquent. Other lenders will not accept the file until the loan is delinquent. We can put your Short Sale file together within a couple of days and submit it for approval. (Remember, there is no charge for this). That is the best way to determine if your lender will accept a file for approval on a loan that is current.
- How much would it cost me to sell my home in a Short Sale?
Nothing! All fees and commissions are assumed by your lender? NOT YOU.
Your contract will specifically read: "Seller's agreement to sell is subject to approval by existing lender of a Short Sale at no cost to Seller. Seller shall not be required to deposit funds to close escrow."
- If I have two loans, can I still do a Short Sale?
Yes. As your short sale agent, our team will work with both lenders to negotiate a Short Sale transaction. Even if the value of your home is less than the value of the first loan, our experienced staff can normally get both lenders to cooperate.
- What about my credit? Won't a Short Sale ruin my credit?
A short sale usually does not reflect poorly on a credit report. And it cannot begin to compare to the damage your credit will incur if you are ultimately forced into foreclosure. With a foreclosure, you can expect to have severely damaged credit for at least 7 years. With a short sale, you can expect to resume normal borrowing (for mortgages, car loans and credit cards) within a very short period of time. Remember, with a Short Sale, you walk away with your mortgage debt zeroed out. With a foreclosure, the collection stays on your credit indefinitely!
- My property needs a lot of repair work. Can I still do a Short Sale?
Yes. A lender is often less likely to want to repossess (foreclose on) a home that needs work? It would make it harder for them to sell it later. Lenders are not in the "home repair" business. They do not want the responsibility. An Orange County home in rough shape may serve as an incentive for a lender to do a Short Sale.
- Do I have to deal with the bank throughout the Short Sale process?
As your Orange County short sale agent, we take on the task of communicating and negotiating with your lender relieving you of that stress and burden.
- Will my short sale negatively affect my neighborhood home values?
A successful Orange County Short Sale will result in a higher sales price and net proceeds available for your lender thereby supporting higher neighborhood values.
- Can I simply deed my property to someone else and avoid foreclosure that way?
No. Be wary! If you fall behind on your mortgage payments you will quickly find yourself drowning in mail and phone calls from different people promising to "save" you. But deeding your property to someone else without first paying off the loan(s) is almost always a bad idea. Even if you deed the property to someone else you are still responsible for the loan payments. If the loan payments are not made, it is your credit that is affected (regardless of who holds the deed). In other words, you lose control of the property and can still be foreclosed on. What ever you decide, do NOT deed your property to someone without first paying off the loan unless you have consulted with your OWN personal attorney.
- What is a mortgage deficiency?
A mortgage deficiency is the difference between the loan amount owed by the borrower and the purchase price of the short sale paid to the lender. In some states and some instances homeowners are protected and lenders can't pursue them for the deficiency. However, in some cases a short sale can leave you owing a substantial debt, which can be collected by garnishing your wages or other aggressive collection actions. As your Orange County short sale agent, we will work hard along with our partner attorney to get your deficiency waved, if applicable, as a condition of the short sale. We highly recommend talking to an attorney to discuss mortgage deficieny and how it may or may not apply to your situation. Our attorney partner can help-free of charge. UPDATE: Recent California Legislature has offered deficiency protections for all types of loans, 1st and 2nd. Please contact us for details!
- What are the tax considerations of a short sale?
On December 20, 2007 President Bush Signed H.R. 3648, The Mortgage Forgiveness Debt Relief Act of 2007. The law applies to primary residences only and takes effect from January 1, 2007 through December 31, 2012. It provides relief to home owners by shielding them from the additional burden of potential federal income tax on any amount written off or forgiven by their lender in case of foreclosure or short sale. Remember, this act applies towards federal income taxes, state income taxes may still apply. Consultation with an experienced tax professional to see how the law applies in your circumstance is strongly advisable.
- What is HAFA?
HAFA is government-sponsored program, Home Affordable Foreclosure Alternatives, that assists individuals and families who are experiencing difficulty in selling their homes. In combination with the Home Affordable Modification Program (HAMP), HAFA was initiated on November 30, 2009 by the U.S. Treasury Department under the Obama Administration with the goal of stabilizing the housing market. Visit our HAFA page under the short sale section for more information
- Can any agent do a short sale?
Not all agents can do a short sale and not all people qualify for our help. We are Orange County short sale specialists and are here for you if your situation meets the following criteria:
1. You have a valid hardship
2. You have little or no equity in your home
3. Your are unable (or soon will be unable) to pay your bills on time
4. You want to work with a Certified Distressed Property Expert (CDPE) & A Short Sale and Foreclosure Certified Resource (SFR)
- How can I get started on a Short Sale?
Very easily. To be pre-qualified, just give us a call, send an email or fill out our Contact Form below and we will review your situation and options. There is no charge and no obligation for this private consultation.
Struggling With Payments?
Loan Modification Unsuccessful? Facing Foreclosure?
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Thousands of homeowners in Orange County are facing the same challenges as you. You need help, expert guidance, and someone who understands the difficult choices you are facing about your home and your family. As an Orange County short sale realtor & short sale specialist we provide homeowners FREE information and assistance with avoiding foreclosure, explaining the effects it can have on you and your family, and offering other options that may be available to you.
We are Orange County short sale experts specializing in helping homeowners use a Short Sale to avoid home foreclosure in the Orange County.
Benefits Of Our Short Sale Program:
- Experienced Realtor Representation
- Attorney Negotiations & Representation
- FREE - Absolutely No Fees or Cost To You
- Bank Incentives From $3000 to $38,000 (Call for details)
- Free Moving Truck, Rental Placement Service
- Mortgage Debt & Deficiency Relief (SB-931 & SB-458 Protection)
- Back Taxes and HOA Dues Can Be Eliminated
- We Do All The Work & Negotiate With The Bank(s)
- Stay In Your Home Longer (Flexible Move Out)
Orange County Short Sale Agents and Realtors offering assistance in the following areas:
San Clemente, Talega, San Juan Capistrano, Dana Point, Capistrano Beach, Laguna Beach, Newport Beach, Newport Coast, Corona Del Mar, Huntington Beach, Fountain Valley, Costa Mesa, Orange, Irvine, Tustin, Foothill Ranch, Lake Forest, Portola Hills, Laguna Hills, Laguna Niguel, Aliso Viejo, Mission Viejo, Ladera Ranch, Rancho Santa Margarita, Foothill Ranch, Coto De Caza, Dove Canyon, Trabuco Canyon & Las Flores
Helping Stabilize Property Values One Homeowner At A Time
Orange County short sale realtors offering homeowners expert short sale information and short sale assistance with a San Clemente short sale, Talega short sale, San Juan Capistrano short sale, Dana Point short sale, Capistrano Beach short sale, Laguna Beach short sale, Newport Beach short sale, Newport Coast short sale, Corona Del Mar short sale, Huntington Beach short sale, Fountain Valley short sale, Costa Mesa short sale, Orange short sale, Irvine short sale, Tustin short sale, Foothill Ranch short sale, Lake Forest short sale, Laguna Hills short sale, Laguna Niguel short sale, Aliso Viejo short sale, Mission Viejo short sale, Ladera Ranch short sale, Rancho Santa Margarita short sale, Foothill Ranch short sale, Portola Hills short sale, Coto De Caza short sale, Dove Canyon short sale, Trabuco Canyon short sale & Las Flores short sale
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Disclaimer: The information provided on this website should not be constituted as legal advice. The content is intended to provide general information about the short sale and foreclosure processes, and should not be acted upon without the counsel of a qualified REALTOR®, attorney, and tax expert.