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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’

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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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Short Sales

Wednesday, July 14th, 2010

A short sale is the sale of a property by which terms the mortgage lender agrees to accept a loss on the repayment of his loan.When a property owner has ceased to pay his periodic payments, then decides to sell, he might find out that the market price of his property has declined in such a way that, not only he has no equity, but his debt is higher than the present value of the real estate.If the seller can pay the difference, the lender and any other creditor would then be paid in full and the sale completed normally.

If he cannot afford to pay the difference, the mortgage lender, to avoid foreclosure and more damage, has the option to absorb the loss and go along with the sale, avoiding a foreclosure that will possibly cause larger losses.Usually the seller will put his property for sale and once an offer has been made, he will submit it to the lender. An approval on the deal will be necessary and once obtained, and any other debt has been satisfied by the seller or the lender, the sale would be completed.Desperate homeowners initiate short sales procedures to avoid foreclosure, which is very damaging to their credit. Buyers look for short sales because they allow them to get a home at a deep discount.From a buyer point of view, it is essential to have some understanding of the whole process, to avoid a waste of time and even of money, by pursuing hopeless cases. All short sales do not stand the same chance of getting the bank or banks’ approval. Many of them will never complete, and some will need much more work to get to the closing table than others.

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

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Tags: Bankruptcy, Credit, Credit Card, Credit Score, Debts, Economy, Foreclosure, Homes, House, Jobs, lender, Money, Mortgage, Personal Bankruptcy, Relief, Sales, Short, Short Sales
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What is a Short Sale

Friday, March 12th, 2010

In real estate, a short sale is a sale in which the proceeds of the sale fall short of the balance owed on a property’s loan. This usually happens when the homeowner or the borrower can no longer pay the mortgage. In this sale, the borrower will have to present the sale proposal to his lender rather than risk foreclosure. The lender then will decide that selling the property at a moderate loss is better off than pressuring the current debtor. There should be consent by both parties before a short sale is done. A homeowner facing foreclosure lets say, for example has an existing mortgage of $400,000. He or she could write an offer to the lender for a sale of $320,000, which is accepted as full loan payment. Why do banks accept this sale proposal? Simply because banks dislike excessive bad loans and excess inventory on their books and will look for a chance to sell the property without a big loss. Lenders too will favor a short sale than an auction because of the many fees involved in an auction, and it would be much convenient taking the discount and be done with the unnecessary headache of an unpaid loan. It does not really matter what kind of house or the condition it is in, all mortgages can be discounted. The best homes to perform short selling are those that need plenty of repairs and work because a lender could give you a bigger discount. Typically, there are additional considerations that could convince a lender to agree to this type of sale, including if the home is located in a bad area where sales are low.

Short sales could affect a person’s credit report, although its impact is normally less than a foreclosure. This could remain on his or her credit report for seven years, depending upon the other credit information. It is possible to be able to get another mortgage one to three years after a short sale. It is best done when a homeowner or borrower is ninety days behind on his or her mortgage payments, and has no other means to settle and not much equity to sell fast. Short sales could also be an exit strategy for a homeowner who may not be delinquent but just staying afloat and anticipating a delinquency.

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

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Tags: Sale, Short
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Foreclosure and Short Sales

Friday, March 12th, 2010

As per the foreclosure, let me tell you one thing that there are lots of emotions attached to it. And when we talk about the short sale then you should understand that it is a way to get attached to somebody’s emotions. I do feel that you might be confused. If you are confused then I would like to add that I am talking about the short sale and foreclosure. Let us first talk about the foreclosure. You should have a good knowledge in real estate to understand the foreclosure completely. I would like to explain it in layman language.

As per the foreclosure, your house is in danger. You will definitely find out that your house is about to be sold by somebody very soon. Actually when somebody takes the loan then he has to pay it back. Sometimes it does happen that you are not able to pay the money back. This is definitely a big problem. This is what leads to the foreclosure. When the lender gets an impression that you will not be able to pay back the money in time, then the lender tries to find out some other ways to get the money from you. One such option is the foreclosure. The buyers from all over the city is informed about the foreclosure of the property. The lender organizes it. But they are too in loss.

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

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Tags: Foreclosure, Sales, Short
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Short Sales

Thursday, January 28th, 2010

To a family or an individual, losing their home is the most traumatic thing that can ever happen to them. With the current downtrend in the economy and people losing their jobs like dominoes falling down not being able to make your monthly payments to lenders or banks becomes more difficult if you are laid off or your working hours have been reduced. The task of even feeding your family becomes a huge problem especially if you have kids who are babies or schooling. When you fail to make payments on time to the lender for a loan mortgage, trying to short sale your home can sometimes be rejected by the lender due to the real estate market declining by the day. In fact there are times when you are unable to sell at all. With so many problems to deal with, you may at times not understand why the lending institution or bank refuses the short sale. Your core problem lies with the hardship letter you produce. You need to produce a hardship letter that delves right deep into the core problem you are facing. Wording your hardship letter is extremely important. It could also be the main reason for rejection so making sure it is first priority should be your goal. The lender may want to foreclose your home as it may be more profitable especially when there is mortgage insurance involved. Lenders always make sure that the documents that you sign at the time of taking a loan mortgage, has a clause that gives them the legal rights to foreclose your property in case of defaulted payment. When you submit a proposal to the bank to do a short sale, you may have inadvertently submitted an incomplete one. The offer you propose may be much lower than the current sale values making it difficult for the lender to recover the monies owed by you not to mention the interest. Although you may think your proposal is complete a lender or bank may reject it due to numerous reasons. With short sale the banks tend to lose which is the reason they are meticulous. Most people who want their homes put on short sale try to sell in exchange for the outstanding loan mortgage. There are times when you are confident that it will work, the bank rejects your proposal to dispose of you home in this manner.

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

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Tags: Sales, Short
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Short Sale Taxes

Monday, January 4th, 2010

Currently, the nation is undergoing a chain of events in the real estate markets around the country. Residential homes worth a large amount of money are now valued less than on third of the value in today’s marketplace. Unfortunately, this has put many property owners in a situation where the property owner owes much more debt than what the property is worth now. Understanding short sale tax implications when short selling a property is key to any distressed seller that is looking at doing a short sale transaction. What makes this situation even more dangerous is that many of these properties in harder hit markets were purchased with variable rate mortgage loans. Inevitably, all of these loans had a reset date the would ultimately increase the monthly payment to proportions that the property owner can not support. When we look at the sum of the two scenarios (lesser property values and elevated debt payments) with the added real economic realities such as job loss, divorce or health issues, this makes for increased stress and worry as well as forcing the property owner to sell the home if they cannot get refinanced successfully. When a distressed seller is forced to sell a home or less than what is owed, this is called a short sale transaction. Many sellers do this in order to avoid a foreclosure on their credit profile. Industry professionals all agree that a short sale is far better than letting the property go into foreclosure.
There are a higher percentage of people that are unable to afford the current mortgage payments regardless if the mortgage could have been refinanced anyway. Most people that got caught up in the mortgage meltdown were betting on the market increase in order to sell the property to the next real owner occupant thereby creating a profit spread. All of this was suppose to happen before the the mortgage interest rates reset to increase the payment to the lenders. Even some owner occupants were betting on their jobs giving them salary raises in order to resolve the increased payments coming in the future. Some short sale laws were enacted by the US Government such as the Mortgage Forgiveness Debt Relief Act of 2007 to help people faced with this dilemma. This law passed in 2007, help property owners that sold property in a short sale can completely bypass the federal taxation between the mortgage balance and what the property sold for using a short sale transaction strategy.

Full Article

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

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Tags: Sale, Short
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New Federal Regulations for Short Sales

Thursday, December 31st, 2009

New guidelines for short sales were finalized by Obama’s advisers on November 31, 2009. It is the hope of the administration that the use of short sales will reduce the amount of losses on failing properties. These new regulations would allow the buyer to get out from underneath their loan by selling their home to a new potential buyer for an amount that is less than what the balance due on the home is. This type of transaction would still require approval of the lender. The amended program would also allow the buyer to transfer ownership of the property to another more capable buyer by using a “deed in lieu of foreclosure”. Short sales are considered to be more cost effective than allowing the home to enter into a foreclosed state. Foreclosed homes wind up losing value due to the fact that they become vacant properties, and in a lot of cases receive extensive damage from vandalism.

Included in this amended program is a provision that allows the buyer to receive $1,500 if they sell their home for an amount that is less than what is owed for the property. Additionally the plan pays $1,000 to the mortgage service company that completes these types of transactions. This program has become available to buyers who have applied for the federal mortgage modification program, but were turned down because of qualification issues. Others may qualify for this federal assistance program if they are in arrears on an already modified loan, or seek a deed in lieu of foreclosure transaction. It is the Obama’s administrations hope that the reworked $75 billion foreclosure prevention plan will slow the already staggering foreclosure totals to a manageable amount. In addition to making short sales less painful for both the buyer and the seller, the plan includes financial incentives to banks and mortgage companies to rework defunct loans.

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

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Tags: Obama, Sales, Short
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Short Sale

Friday, December 18th, 2009

Each Lender has its own requirements to include in a Short Sale package. Here are the most common things that Lenders require before they will begin to consider a Short Sale: A hardship letter from the homeowner outlining what is causing missed payments and what the homeowner has done to try to change the situation. The letter should start with a brief identification of the property, the loan number and a sincere apology for the situation. Then the homeowner should tell in their own words exactly what caused the missed payments. Extensive medical bills? Job loss? Did the homeowner retire, cutting income substantially? Has an adjustable rate loan readjusted? Is the home underwater on its mortgage? Has the homeowner been transferred to another part of the country and the home is not selling? All of these are valid hardships that can be explained in a letter to the Lender’s Loss Mitigation Department.

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

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Tags: Sale, Short
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Closing a Short Sale

Wednesday, December 9th, 2009

A short sale is one way to save a property from being foreclosed. However, the process is not easy at all. Some sellers and buyers who went through this type of real estate transaction may even say that it is hard to close a short sale deal. This opinion may be brought about the financial liabilities attached to the property. Basically, a short sale may be a good option if a homeowner defaults on his loan balance, which consequently puts the property on the verge of foreclosure. He should appeal to his lender to discount his balance and permit short selling of the property. Afterwards, the proceeds would then all be diverted to the lending agency. But the finality of this sale process is intensively dependent on the lender. It takes a lot of time before the lending institution would approve the short sale. The bank loss mitigation stage and repetitive follow ups of documentation are only two factors affecting lengthy waiting time for the approval.

In order to be successful with this type of deal, the seller must learn how to put up a proposal the lender would willingly accept. The latter party should also be agreeable to cooperate. Another thing the homeowner ought to have is a listing agent with strong negotiation skills. Such professional could hasten the decision making process of the lending agency. If these are ensured in hand, then the next stage of accepting buyer offers can proceed. Note that there are many properties short selling on the market, thus attractive and right pricing is an utmost need. Once the house is enlisted, buyers can approach the bargain table. However, all the buyers should be ready to patiently wait for whose offer was accepted. The lender once again deliberates the offers. Some offers may be deemed acceptable by the seller, but the lender thinks otherwise. Thus, closing the sale is slowed down once more.

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

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Tags: Sale, Short
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Avoiding a Short Sale

Tuesday, December 8th, 2009

A short sale in real estate is caused when a home-owner owes more than the value of the property. In order to better understand a short sale, an example would help. For example, lets say a home-owner owes $450,000 on the value of the property and the home is worth $300,000. If the owner were to sale the home, he would technically owe $150,000 on the property. Since the current owner falls short of money when he sells the property, the bank/lender can negotiate on the price of the home. The lender decides to take a value less than the value owed on the property and this avoids foreclosure.

In order to avoid a short sale, a new program for reducing the principal balance on the current home loan is available. With this program, the home-owner will get positive equity back in the property, avoid the short sale and still keep the home. In the above example, the owner will get a new loan for 90% of the current market value of the home or $270,000.

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

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Tags: Sale, Short
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