| Do a Short Sale in Real Estate
Step 1 Contact your
mortgage lender. Don't just call or email customer
service or the "loan work out" department. You need
to speak with the Manager of the problem loan
department or another individual who has the
authority to approve a short sale request. While
mortgage lenders can be sympathetic to these
problems, they are never anxious to allow a short
sale. If you're uncomfortable in this role, let your
lawyer or advisor negotiate with your lender.
Step 2 Write a letter "authorizing"
your mortgage lender to disclose your loan
information to real estate agents, lawyers, title
companies, or other interested parties. Your loan
information is subject to privacy laws so your
lender needs your written authorization to release
this data to anyone. At a minimum, this letter
should include the property address, your name, your
loan number (or other identifying data), and, if
appropriate, a list of the parties for whom you wish
this information to be given.
Step 3 Compile some preliminary
financial information (sometimes called a "Net
Sheet") about your prospective short sale. Include
the expected sales price and all costs that might be
attached to the sale, including your current unpaid
loan balance, payments due, real estate commissions,
and loan or other fees expected to be payable. If
you're unsure how to create this document, your real
estate agent, lawyer or advisor should be able to
produce it for you.
Step 4 Write a serious "hardship
letter", detailing all the surrounding events that
have occurred to cause you to arrive in this
financial situation. Explain your economic problems
honestly and directly ask your mortgage lender to
accept a less than full balance payment. While the
more dire your circumstances, the better the chance
your request will be granted, you should resist the
temptation to over dramatize your situation.
Step 5 Write up a statement of your
current income and all of your other assets for your
mortgage lender to evaluate. List your other assets,
including bank accounts, stocks or other
investments, additional real estate, and anything
else of value. This information should display that
you have neither the income nor the assets to repay
your mortgage loan in full. You will often be asked
to submit the last 3 to 6 months' bank statements,
also. Your mortgage lender will examine these to
learn if there are recent large cash withdrawals or
high numbers of checks clearing your accounts.
Lenders want some assurance that you haven't been
hiding or diverting funds that might go to them.
Step 6 Compile a current market
analysis of real estate sales in your area to
emphasize the wisdom of your request for a short
sale. This document should show the selling prices
of similar homes in your area for the past 3 to 6
months. You should also include some similar
properties currently for sale in your area. During
times of market value declines, short sales become
more "popular" and this comparative analysis again
reinforces the need for you to request this
consideration. If you're unsure how to create this
analysis, your real estate agent can prepare this
document for you.
Step 7 After you reach common ground
with a potential buyer, deliver a copy of your
proposed Purchase & Sale Agreement to your mortgage
lender. They will want to examine the price, terms,
and other conditions in the document. Don't be
surprised if your lender attempts to renegotiate
(downward, of course) some features, like real
estate commissions or other financial considerations
you've made. Assuming your lender accepts the
agreement, you can then proceed to bring your short
sale to fruition. |