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As a Miami Florida attorney practicing real estate law, Lisbet Campo, Esq. provides legal counsel and representation to parties involved in commercial and residential real estate transactions. If you have a legal issue in Miami-Dade, Florida, or anywhere in the State of Florida contact attorney Lisbet Campo to discuss your situation.

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Posts Tagged ‘Short Sale’

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Short Sale and Foreclosure

Friday, July 30th, 2010

The best short cut to completing a short sale is actually having the lender sell the note to the property buyer. Yes, often the lender will consider selling the note at a discount when it won’t do a short sale. The difference to the lender is the cost and time saved in selling the note versus the drawn-out time required to complete a short sale.

The options to the lender are to:

1.) complete the foreclosure through the court system, which it will have to do if there are additional liens against the property that must be “extinguished”,
2.) complete a short sale to an investor who may or may not close on the transaction, despite having given a deposit and showing proof of funds, or
3.) selling the mortgage note to a buyer in a few days at a discount they would have accepted on the short sale, and have no further headaches.

Generally this decision is an easy one in accepting the best offer that nets the lender the most money in the least time. However, some lenders have policies about what discounts they will take and often they have an internal policy of not selling their single mortgages at a discount to investors. This varies greatly from lender to lender and I am always surprised when I make an offer only to be told that the loss mitigation representative says “I’m not sure”.

If we want to make an offer to the lender to buy a note, we preface the conversation with “We often buy the mortgage note (trust deed) at the same discount we would pay for a short sale and we continue the foreclosure”. We go on to explain that the lender can be out of the mortgage in seven days or less instead of 30 – 60 days or more. The benefit to us as investors is to get the transaction done and know we control the property. You do not have to have the deed to the property because you can continue the foreclosure and get the property at auction.

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For More Information Visit: http://www.miamifloridarealestatelawyer.com

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Tags: Bankruptcy, Debt, Debts, Economy, Foreclosure, Home, Homes, House, Jobs, Loan, Money, Mortgage, payments, Property, Relief, Sale, Short, Short Sale
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Foreclosure and Short Sale

Thursday, February 25th, 2010

The housing market landed with a resounding thud in 2009 and the USA saw a rapid increase in foreclosures which in turn led to many financial lenders being put out on the street. An unsuccessful stabilization by the Government was tried. Their focus was to provide money to the financial mortgage institutions and not to the owners of the homes. In most instances, the tax payers will be provided with a tax form, known as 1099-C if they have had to go through the process of a short sale or an actual foreclosure. Due to these instances, the financial mortgage lender is in charge of providing these 1099-C tax forms and in turn will not be pursuing a judgement deficiency. This was said to be great news. With this method, the debt amount that is voided is then shown as an income. Keep in mind that there are always exceptions to the rule. Below are some of the exceptions to the rules that you will find. If you have had a foreclosure on your house, box # 2 on your 1099-C will have this amount written in as a forgiven debt. Under usual circumstances, during the short sale of your home conducted by the local authorities, the financial mortgage lender will purchase your home back from you and it will then become what is known as as R.E.O., also known as a Real Estate Owned. The financial lender’s primary intention is to re-sell the home in the fastest time possible, however in some instances this could take them literally months to accomplish. There is a light at the end of the tunnel however, the cancelled debt amount will be done by the Fair Market Value of the home, which you can locate in box # 7 of your 1099-C tax form. This is an essential aspect as the differing amount between the loan amount and the Fair Market Value is the amount that you should be concerned with and this amount will be shown in box # 2. Keep in mind that if this is your primary place of residence, The Mortgage Debt Relief Act of 2007, states that the cancelled debt amount is not placed as an income to you. If you have had a short sale on your house, this technically means that your house was sold with your financial lender’s okay at a discounted rate. For the short sale you will still get a 1099-C tax form. When the calculation of your cancelled debt is done, they will utilize the actual price that you bought your home for. Keep in mind that if this is your primary place of residence, The Mortgage Debt Relief Act of 2007, states that the cancelled debt amount is not placed as an income to you and a tax form 982 must be prepared.

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For More Information Visit: http://www.miamifloridarealestatelawyer.com

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Tags: Foreclosure, Short Sale
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Short Sale Or Foreclosure

Wednesday, February 24th, 2010

You’ve considered your options and are ready to take advantage of the favorable financing and great buys that are available. Even if you have not been able to cash in on the $8,000 home buyer’s tax credit, the deals to be made are very much in your favor. How do you make the best deal now? This simple 12-step outline will help you organize your search. Define your needs, be specific. Determine your financial situation and price range. Stick with it. Identify the areas in which you are interested. Check out the neighborhood. Find available properties that meet your criteria. Don’t get emotionally attached. If you feel like you need professional assistance, you do. If you are a first time buyer, learn the buzz words. Do the diligence. How about a short sale or an assumption? Find a knowledgeable real estate agent to help you. Avoid risks and pitfalls, get the advice of pros and don’t cut corners.

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For More Information Visit: http://www.miamifloridarealestatelawyer.com

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Tags: Foreclosure, Short Sale
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Steps to a Short Sale

Wednesday, February 17th, 2010

Steps to a Short Sale
-Be prepared for the process. Patience and diligence will be your allies and impatience can be your nemesis. Understanding the process will help you through it. The lender will not be rushed. Your experienced buyer’s agent will know how to manage the offer and the correct parties to work through.
-If you are not submitting a cash offer, ask your real estate agent about financing options. The lender may be in a position to permit a loan assumption and modification for a qualified new purchaser, or they may be able to offer new mortgage financing. The more steps that you have completed when you submit an offer, the better chance you will have of a quicker approval. Have your lender’s loan application, information and requirements prepared. The lender will provide you with a package with their forms and requirements. Rely on your buyer’s agent to assist you. There will be a substantial down payment required to have your Agreement approved. Other than for property inspections, there should be no contingencies in your offer. If you have to sell an existing home first, it is unlikely that a short sale will be approved by the lender. Line up your ducks. The more steps you have completed, the easier the process and the approval. Quick and clean will get you to your closing. You would be surprised at how many things don’t end up in the right hands when they float in one at a time. The fewer times that the file has to be handled and the more complete the documentation from the beginning of the process, the better the result.
-The lender will most likely want the property sold “as is.” They will not be motivated to deal with complexities in the contract, particularly since they are selling at a distressed price. These require too many decision points and details that can hang up the approval. Buyer Beware: it is important to protect yourself. Have the property inspected. All the home’s key systems should be checked out. Structural, plumbing, electrical, heating and air conditioning, fire place, swimming pool and equipment, roof and mechanical should be checked. If you are buying “as is,” the risks assumed will be yours. If you have any concern, be sure that the home is checked for pest infestation, hazards such as, asbestos (if the home was built prior to ’85), lead paint (if built prior to ’78), and radon gas, particularly if it has a basement. If you have reason to believe that the area may be in a flood zone or known hazardous or toxic waste area, have it checked out. The title commitment will indicate if the property is in a flood zone. If you have concerns discuss them with your agent. A short sale is like any other real estate purchase, surprises after the closing are avoidable. Most of these items should be covered in the standard local board of realtor purchase offer Agreement. It they have to contend with a lot of complexity, they will probably just as soon that the property proceed to foreclosure where they have a process established.
-Make sure that a legitimate hardship exists on the part of the seller. Don’t waste your time with a seller that is testing the water. The lender won’t approve a short sale unless a legitimate financial hardship exists. To qualify, the seller must be behind in their mortgage payments and unable to make future ones. In other words, if the lender does not approve the short sale, they are foreclosure bound. The lender is doing whatever they can to recover as much of the outstanding loan balance as possible; however, they need approval from the investor that owns the loan and any inferior lien holders before they can proceed.

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For More Information Visit: http://www.miamifloridarealestatelawyer.com

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Tags: Short Sale
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Short Sale

Thursday, February 11th, 2010

Home buyers have benefited from the development of short sale properties. It gives them the chance to purchase beautiful homes for cheap prices. However, this transaction has also frustrated and disappointed some people. The sources of such negative feelings are not the short sold homes per se. It actually springs from the lack of knowledge regarding the entire process of dealing with short sales. If you are interested in a home that is short sold, you should start reading this article first. Getting that property would become a lot easier if you know every aspect involved in this type of transaction. Dealing with short sale properties can become very confusing. However, if you are with a person who can guide you all throughout, then you do not have to worry about losing your way. Make sure that the agent you hired has enough knowledge in handling these kinds of transactions. If you think he does not possess this trait, start looking for someone who can assist you better. Another thing that you should ask yourself is whether the listing agent you will work with has experience in handling short sales. He has the task to forward your offer to the bank, and your buyer’s agent is not allowed to represent you in front of the lenders. If he does not have experience in handling these negotiations, your offer would have larger risks of being rejected. You might get surprised with the unusually low price of the particular property you want to purchase. Do you think the seller’s bank would agree to sell it with that kind of price? Of course, they would never settle for a bid that could actually cause them huge financial losses. Actually, you cannot obtain these types of property listings only by offering the stated amount. These kinds of listings accept multiple offers. The highest bidder usually wins the house title. Do not lose hope because you can ask your real estate agent for guidance. Discuss with him the best price that you should offer, and see if it would fit your budget. If you cannot buy it without wiping out your savings account, think twice about your decision.

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For More Information Visit: http://www.miamifloridarealestatelawyer.com

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Tags: Short Sale
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Short Sale Information

Wednesday, January 27th, 2010

The state of the real estate industry has affected many people. The housing crisis has resulted to bargains and availability of homes that are offered in the market. The result of the near foreclosure state of some homes has prompted the increase of the number of homes offered for short sale. Short sale happens when the seller of a house agrees to receive a lower offer compared to the house’s market value just to get rid of the mortgage problem. Although it may sound like a desperate move, there are sellers who still exercise proper screening and judgment when they sell the home. Sometimes, the short sale is prompted not because of the mortgage problem but because of the market situation in the area. If the prices of homes in the area have significantly been reduced, the other houses will be affected and a possible short sale can happen. The short sale greatly impacts the price of the other homes in a certain community. If the situation is true for most of the houses, the values of the houses are now worth less than the amount owed. Although entering into a short sale may sound good because of the low price, you have to consider some risks that you are taking before jumping into the sale. It is important to know the real scenario before getting excited about getting a very nice home at a very low price. It is good to ask for your real estate lawyer or an agent’s assistance to get the public records of the property you are interested in. The records will reflect the person who is holding the title and how much is still owed to the property lender. The records will also show if there have been notices of foreclosure to the property. Pre-foreclosure can happen in a thirty day period or even less. Hence, it is important to know these details to avoid future problems with the property you want to buy. The information that you will gather can affect the amount that you will offer for the short sale. These risks determine the viability of the sale and you can present these to the seller or the lender. You just have to be sure to hire an experienced agent who can expedite the process and get the best favorable results and best protection for your side.

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For More Information Visit: http://www.miamifloridarealestatelawyer.com

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Tags: Short Sale
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Short Sale

Thursday, January 14th, 2010

Are you on the verge of foreclosure? Do you want to avoid foreclosure so that you would not hurt your credit too badly? Here is your answer: short sale. There are many reasons why people have a hard time paying their mortgage. It could be because of loss of job, personal problems, sickness or even death of a loved one. When these things are happening, foreclosure is inevitable (especially when the homeowner has not done anything to stop it). Foreclosure can hurt one’s credit very badly. This will be reflected on your credit record for 10 years. In addition, lenders usually incur a bigger loss. They even dread this process. However, there is another option that can be favorable for both parties. And that is done through a Short Sale. This can be a win-win situation for all parties involved. This is the event whereby the lender allows the homeowner (who is on the verge of foreclosure) to sell their house for less then the amount of the mortgage owed. The proceeds of the house will then be used to pay off the remainder of the debt. In the homeowner’s point of view, this would seem like an application of a huge discount from the purchase price. Nevertheless, it is not an easy process as well. Most homeowners have to wait painstakingly before it gets approved. You must also know that not all homeowners indebted are qualified for a short sale. There are certain requirements to be met to be granted of this set-up. Resorting to short sale can sometimes be a better option than allowing foreclosure to go through. In fact, here are the reasons why it is a win-win situation for all parties:
-As the seller, you will escape the hassles of the foreclosure process.
-The lender incurs a minimal loss compared to selling the house in foreclosure. They will also eliminate the risk of re-selling the house in the event that it becomes unsold in foreclosure auctions.

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For More Information Visit: http://www.miamifloridarealestatelawyer.com

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Tags: Short Sale
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Foreclosure and Short Sale

Tuesday, January 5th, 2010

The year 2009 was ground shattering for the housing market. The foreclosures in the country continued to increase exponentially and many lenders went out of business. The government tried unsuccessfully to stabilize the crisis by giving money to the lenders (instead to help homeowners). Many taxpayers will be receiving 1099-C tax forms if they went through foreclosure or short sale. The fact that the lender is sending those 1099 forms means that they are not going to pursue a deficiency judgment. This is good news. Usually, the amount of debt cancelled is considered an income. However, there are exceptions.
-If your home has been foreclosed on, box 2 of 1099-C will show the amount of debt forgiven. Usually, at the sheriff’s sale, your lender buys the house back and it becomes an REO (real estate owned). The intention of the Bank is to sell the house as soon as possible, but sometimes it takes many months to get rid of it. The good news is that your amount of debt cancelled is based on the fair market value of the house (box 7 of 1099-C). This is important: the difference between the FMV and the loan amount is what matters to you and shows in box 2. However, if it is a primary residence, according to The Mortgage Debt Relief Act of 2007, the amount of debt cancelled is excluded from the income.
-If you had a short sale, which means that your home has been sold at a discount (with your lender’s approval), you will still receive 1099-C. The only difference in this case is that in order to calculate the debt cancelled the actual purchase price is used. Again, if it is about your primary residence, it is excluded from income (form 982 has to be prepared).
-If the debt cancelled was a business debt (for example rental property), then the loss of the property results in a “sale”. Therefore gain or loss has to be calculated. Make sure you find an experienced tax professional who knows how to handle cancellation of debt.
-Income from the cancellation of debt is excludable for an insolvent buyer to the extend that the liabilities exceed the FMV of their assets. In plain English this means that if you have more debt than assets, you have the right to exclude a certain amount from your income. For example, if you have debt cancelled of $100,000. Your liabilities are $180,000 and your assets are $150,000. Your insolvency is for $30,000. Therefore, instead of reporting $100,000 as an income, you will report $70,000 only.

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For More Information Visit: http://www.miamifloridarealestatelawyer.com

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Tags: Foreclosure, Short Sale
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Short Sale or Foreclosure

Wednesday, December 23rd, 2009

In recent years the terms “short sale” and “foreclosure” have become buzz words amongst realtors, investors, and the public. It is very important to know the difference between the two when searching and considering putting an offer on these types of properties. Just simply knowing the difference can assist you in many ways of the process further helping you become successful in purchasing the property. A short sale is when a lender agrees to take less than what is owed on a property. This can be a longer than expected process in most cases. It is important that you understand the short sale process before placing an offer so you do not waste your own time. First thing to remember is that the bank does not own a short sale. The bank is only a lien holder of the property and the seller is still the seller in the transaction. This is the most common mistake when making an offer to a seller on a short sale.
The seller remains the seller of the property until the title of the property is transferred via foreclosure. Many people tend to think that all offers must be presented to the bank when they must be presented to seller only. If the property does get taken back through means of foreclosure then it will become bank owned. A seller has the ultimate decision on what offers the bank sees since they still remain the seller of the property. Believe it or not, but if you find yourself in negotiations with a seller in this situation and the bank counters your offer they technically do not have the power to do so since they are not the seller. The bank is countering the payoff or net amount they will be receiving once they the short sale is closed. While this happens all the time just keep in mind that the bank is only approving a payoff to the property. If conducted correctly this process should take between 60-110 days depending on what banks are involved and who is conducting the process.

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For More Information Visit: http://www.miamifloridarealestatelawyer.com

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Tags: Foreclosure, Short Sale
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Effect of a Short Sale on Your Credit

Friday, December 18th, 2009

Defaulting on your mortgage dues entails repercussions. For one, your property may be on the verge of being foreclosed. You can avoid this by entering a short sale in hopes your credit rating will not be severely tarnished. But the truth is, there is not much difference whether you pursue a short sale or foreclosure. Then again, there are some attributes of the short sale that can persuade you to opting for it. Credit implications are relative to the reason why you are going for the short sale. If you are going for this process and you have other assets to augment the discrepancy of the sale, your score will not be affected. If you also choose to acquire new loans to suffice the difference in proceeds from the sale, you are even given the chance to improve your rating. However, your score will not be gravely affected if you do not have pending delinquencies on your mortgage or other loans.

When your lender accepts the fact they can only get an amount way less than what you owed, then the sale advances. If you are going through this process to avert foreclosure, there would be implications to your credit standing. Assuming that you are delayed in your payments for more than 59 days, your delinquency reflects your incapability to sustain your financial obligations. Thus, they would give a negative account on your record. If this is the case then a short sale is not unlike foreclosure at all. Your score still suffers. With this in hand, you will lose from 200 to 300 points. The only difference is the description of your status, wherein the sale would be treated as a pre-foreclosure process with an attempt to redeem the property.

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For More Information Visit: http://www.miamifloridarealestatelawyer.com

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Tags: Credit, Short Sale
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