Massachusetts Real Estate News » Massachusetts short sale attorney

Short Sale Lawsuits Will Realtors Be Next?

Bill Gassett — Mon, 29 Nov 2010 12:33:51 +0000

Avoiding short sale lawsuits

There is no question that in this economic down turn we have experienced over the last five years or so that short sales and foreclosures have become part of our everyday Real Estate landscape.

Every week there are countless new short sale listings that hit the market in Massachusetts. In many of these short sales the seller, not understanding there is a big difference between a traditional Real Estate transaction and a short sale hires any ole Realtor® they happen to come across to represent them.

On the other side of the coin, there are also plenty of Real Estate agents that see the growing number of short sales coming available for sale and realize there is a lot of money to be made.

The problem however, is that many of these agents are flying by the seat of their pants and have done nothing to educate themselves on the ins and outs of closing a short sale.

As a Realtor® who has been successfully closing short sales for almost five years, this is one of my biggest pet peeves! How anyone can look a desperate seller in the face and take on a listing to sell their home with no short sale expertise is just beyond me. It pisses me off when I see a new short sale listing hit the market and know the agent has no track record with this type of transaction.

There are many Realtors® that are putting the noose around their own neck. In desperate times people do desperate things. The end result is that on many occasions consumers get very poor advice that can cost them dearly.

Realtors® that do not have short sale expertise could really do themselves a favor by referring the business out to an agent that is qualified to get the job done.

You may be wondering why this has become such a passion of mine? The answer is simple. Short sales have become stigmatized because there are numerous Real Estate agents and buyers that have been involved in deals where the listing agent did not know what they were doing. The end result for a number of different reasons is a sale that didn’t happen. This leaves a bad taste in everyone’s mouth. Going forward it makes it harder for the agents that do know what they are doing to find buyers for the short sales they are marketing.

Below I am going to touch on all the things you should look out for in trying to successfully complete a short sale whether you are in Massachusetts or another state.

Properly pricing a short sale

When you are short selling your home there is a good chance that you are not able to afford the monthly mortgage payments any longer. You may be just scraping by and know that next month you won’t have enough to pay your lender. When you decide to short sell your home and are no longer paying your mortgage pricing the home properly becomes critical.

The last thing you want to do is either over price or under price the home. For obvious reasons if you over price you will more than likely not be able to procure a buyer in a timely fashion.

If you under price the home and receive a contract from a buyer, the lender is going to reject the short sale after reviewing the appraisal or broker price opinion that they order.

Both of these scenarios can leave you with nothing and that much closer to a foreclosure. A short sale should be aggressively priced such that you will find a buyer in a timely fashion but not so low the lender is going to reject the short sale contract.

The short sale contract

There are numerous Realtors® that are clue less when it comes to giving sellers advice on the short sale Real Estate contract. Lets get one thing straight right off the bat….. When a seller signs a Real Estate contract it is almost always legal and binding as to the terms and conditions in the agreement.

Here are 4 short sale contract issues you need to be aware of:

Realtors® submitting multiple unsigned offers to your lender
Realtors® submitting low ball offers to the lender
Realtors® allowing home inspection contingencies after short sale approval.
Realtors® allowing an investor to negotiate the short sale

When a Realtor® submits an unsigned offer to your lender YOU do not have a legal and binding contract. The buyer can walk at any point in time with no consequences to them! Does this benefit a seller in anyway? The answer is NO NO NO! The Realtor® you hire should be looking to lock up the most qualified buyer who stands the greatest chance of getting to the closing table.
If you sign a low ball offer you stand an equally strong chance that the lender is going to reject your offer and send it back. If you accept an offer that is no where near the market value do you really expect the buyer is going to agree to the price the lender wants? Not likely and again you will be back at square one after being off the market for an extended period of time.
Allowing home inspections after the short sale approval is another big mistake. Do you really want to have your home off the market for months, get a short sale approval from your lender and then find out the buyer wants to back out due to inspection items? Don’t let the blind lead the blind. There is no reason for letting a buyer have home inspections after short sale approval. I find most buyer’s agents think they are protecting their client by trying to save them from spending a few hundred dollars. WRONG – what the buyer’s agent is preventing is the buyer from negotiating a pricing discount if there were issues discovered. Lenders DO NOT negotiate home inspections issues after short sale approval.
Letting a buyer negotiate for a seller is clearly foolish. The investor only cares about the seller if they get the terms THEY want. An agent who lets an investor take over a short sale transaction is asking for a lawsuit. Realtors should not let investors negotiate a short sale!

Short sale negotiations

This is clearly an area where you will see most of the lawsuit’s against Realtors®. There are agents who are engaging lenders in the negotiations of short sale approval but don’t have the knowledge and understanding of either short sale debt release and/or short sale tax ramifications.

Who do you think will get sued if a seller receives a 1099-C or 1099-A at the end of the year or gets stuck with a deficiency judgment by their lender(s) at some later date in the future and they were not informed up front about it?

There are many Realtors® who have negotiated short sales that misrepresented to their client that the short sale approval letter removed the short sale deficiency when in fact it did not.

Realtors® are supposed to abide by the Real Estate Code of Ethics but clearly there are many who’s judgment is clouded by the almighty dollar.

The Code of Ethics clearly states:

Article 11 Realtors® are knowledgeable and competent in the fields of practice in which they engage or they get assistance from a knowledgeable professional, or disclose any lack of expertise to their client.

Article 13 Realtors® do not engage in the unauthorized practice of law.

Speaking of giving legal advice, there are Realtors® who are guilty of telling their client to stop paying the mortgage to complete a short sale. While this may be the proper advice in 9o-95% of most circumstances with short sales what if the sale falls into the 5-10% where stopping payment was not necessary?

Most major lenders may require payment stoppage but some of the smaller lenders do not have that guideline. Telling a seller to stop paying the mortgage could have serious consequences on their credit that could have been avoided. Again Realtors® should not be giving this kind of advice. It should come from a lawyer.

The take home message here is to make sure you do your home work when hiring a Realtor to represent you in your short sale!

I am successfully completing short sales through out the Metrowest Massachusetts area. As of this writing for almost four years, knock on wood, I have a 100% success rate for short sale approval! I work hand in hand with a local short sale Real Estate attorney who knows how to get short sales done! I will admit there is some luck involved in my success rate but the team I have put together does a stellar job.

If you are outside of the Metrowest Massachusetts area or even in another state and need to do a short sale please feel free to contact me and I would be happy to refer you to a Realtor in your location that handles short sales and has an understanding of the short sale process! I have referred numerous short sales to other Realtors all around the country.

_________________________________________________________________

About the author: The above Real Estate information on short sale lawsuits will Realtors® be next was provided by Bill Gassett, a Nationally recognized leader in his field. Bill can be reached via email at billgassett@remaxexec.com or by phone at 508-435-5356. Bill has helped people move in and out of many Metrowest towns for the last 24+ Years.

Thinking of selling your home? I have a passion for Real Estate and love to share my marketing expertise!

I service the following towns in Metrowest MA: Ashland, Bellingham, Blackstone, Douglas, Framingham, Franklin, Grafton, Holliston, Hopkinton, Hopedale, Medway, Mendon, Milford, Millbury, Millville, Natick, Northboro, Northbridge, Shrewsbury, Southboro, Sutton, Wayland, Westboro, Whitinsville, Worcester, Upton and Uxbridge MA.

When To Do a Short Sale Home Inspection

Bill Gassett — Tue, 13 Jul 2010 11:35:14 +0000

In most Real Estate transactions there is a buyers agent representing a buyer and a sellers agent representing the seller. In a traditional purchase, the home inspection is generally done within the 1st week or two after a contract has been executed by both the buyer and seller.

This is know as a “home inspection contingency” and allows the buyer and their home inspector the opportunity to carefully look over the home for any potential structural or mechanical defects.

If the buyer does not like the results they generally can exercise their right not to move forward with the purchase of the property.

When to do a home inspection for a short sale property can sometimes be a bone of contention depending on which side you are representing in the transaction.

Buyers of course do not want to spend money on home inspections when they do not know for sure whether their short sale offer is going to get approved or not. In many short sale offers I receive, the buyers agent will ask in the offer to let the buyer do their home inspection after the short sale approval letter comes from the lender.

As a Massachusetts short sale listing agent however, I need to protect my clients best interests. Allowing a buyer to wait until after the lender’s approval to do a home inspection would give the buyer the ability to walk away far too late in the transaction and could force the seller into a foreclosure sale because they would not have enough time to find another buyer.

In addition most short sales are “as is” transactions. The reason the seller is doing a short sale to begin with is that they do not have enough money to continue paying the mortgage. Buyer’s need to understand going in that the home inspection is not going to be an opportunity for them to present a laundry list of repairs they want the seller to remedy.

Lastly, the buyer is not going to be able to negotiate any costs of repairs if the home inspection was completed after lender’s approval. When the lender or lenders approves a short sale it is based on a definite dollar amount they will be realizing at the closing and they do not allow for further negotiations.

If the home inspection is done up front in a short sale it could be possible to negotiate a credit prior to the offer being submitted to the lender.

For all these reasons it makes sense that the home inspection is done prior to short sale approval!

As the number of Massachusetts short sales has grown so has the number of unqualified Realtors who have started to represent home sellers. If you are a Massachusetts home seller and need to do a short sale it is of the utmost importance to realize that not every Realtor is qualified to represent a short sale!!

Many consumers make extremely poor choices by working with agents that don’t have a lick of experience with getting short sales approved. Picking a good Massachusetts short sale Realtor is critical to your success.

There are many errors I see constantly by agents who are representing sellers in short sales throughout the Metrowest area. If you are considering doing a short sale I would highly recommend reading some of the short sale articles I have written below. The articles cover some of the considerations as well as mistakes you want to avoid when trying to successfully complete a short sale.

As a home seller you need to remember that tons of short sales across the country do not get approved and end up in foreclosure. Sometimes this is due to the Realtor not properly handling the sale. There are also debt removal and tax consequences discussed below that you will want to be familiar with.

If you are needing to complete a short sale of your home or condo in Ashland, Bellingham, Framingham, Franklin, Grafton, Holliston, Hopedale, Hopkinton, Medway, Mendon, Milford, Southboro, Westboro, Natick, Northboro, Northbridge, Whitinsville, Upton, Uxbridge, Shrewsbury, Worcester, or Douglas Get in touch! I would love to interview for the chance to represent your best interests.

I am successfully completing short sales through out the Metrowest Massachusetts area. So far, knock on wood, I have a 100% success rate for short sale approval!

If you are outside of the Metrowest Massachusetts area and need to do a short sale please feel free to contact me and I would be happy to refer you to a Realtor in your location that handles short sales and knows what they are doing! I have referred short sales to other Realtors all around the country.

_________________________________________________________________

About the author: The above Real Estate information on when to do a short sale home inspection was provided by Bill Gassett, a Nationally recognized leader in his field. Bill can be reached via email at billgassett@remaxexec.com or by phone at 508-435-5356. Bill has helped people move in and out of many Metrowest towns for the last 24+ Years.

Thinking of selling your home? I have a passion for Real Estate and love to share my marketing expertise!

Short Sale Tax Consequences

Bill Gassett — Mon, 10 May 2010 11:45:05 +0000

As a Massachusetts Realtor that has been doing quite a few successful short sales, one of the things I like to make sure of when I meet a potential client that is looking to do a short sale is to give them a complete understanding of how they work.

Short sales can be complicated transactions. Anyone who regularly participates in short sales knows that almost every single transaction is different. Every lender has their own set of rules on how they go about completing a short sale.

One of the things in particular that I feel is extremely important to educate a seller doing a short sale is the tax consequences. There are different sets of rules regarding short sale tax liability depending on whether or not the home was a primary residence or not.

If you are selling your primary residence as a short sale, The Mortgage Debt Relief Act of 2007 generally allows taxpayers to exclude income from the discharge of debt. The debt reduced through mortgage restructuring, as well as mortgage debt forgiven in connection with a short sale or foreclosure, qualifies for the relief granted.

The Mortgage Debt Relief Act applies to debt forgiven in calendar years 2007 through 2012. Up to $2 million of forgiven debt is eligible for this exclusion or $1 million if married but filing separately. The exclusion does not apply if the discharge is due to services performed for the lender or any other reason not directly related to a decline in the home’s value or the taxpayer’s financial condition. This act was put in place for the specific purpose of helping home owners avoid the financial hardship caused by doing a short sale.

Prior to this relief act being put in place the IRS would treat the forgiveness of a debt as taxable income. The logic behind this is when you take out a mortgage there as an assumed obligation that you will be paying it back. When money is borrowed, the borrower is not required to include the loan proceeds as income because the borrower has to pay back the loan. When the obligation to pay back the loan is removed, the amount of the proceeds the buyer received becomes reportable as income because there is no longer an obligation to repay.

When there is a cancellation of debt, the lender is usually required to report the amount of the canceled debt to you and the IRS on a Form 1099-C, Cancellation of Debt. Eligible home owners also must complete IRS form 982 which must be included with the Federal tax return to claim the mortgage relief.

If you are selling a property and it is not your principle residence you will be paying taxes on the short sale deficiency that is forgiven!

This is obviously a key consideration when determining whether doing a short sale is the right move or not. Debts forgiven that do not fall under the debt relief act include rental properties, business properties, 2nd homes and car loans. Credit cards also do not apply unless you were insolvent just prior to the cancellation of debt.

The most common situations when the cancellation of debt income is NOT taxable include:

Qualified principal residence indebtedness: This is the exception created by The Mortgage Debt Relief Act of 2007 and applies to most homeowners.
Bankruptcy: Debts discharged through bankruptcy are not considered taxable income.
Insolvency: If you are insolvent when the debt is cancelled, some or all of the cancelled debt may not be taxable to you. You are insolvent when your total liabilities exceed the fair market value of your total assets.
Certain farm debts: If you incurred the debt for the purpose of running a farm, more than half your income from the prior three years was from farming, and the loan was owed to a person or agency regularly engaged in lending, your cancelled debt is generally not considered taxable income.
Non-recourse loans: A non-recourse loan is a loan for which the lender’s only remedy in case of default is to repossess the property being financed or used as collateral. In other words the lender is not allowed to pursue you personally in case of a default. Forgiveness of a non-recourse loan resulting from a foreclosure does not result in cancellation of debt income. However, it may result in other tax consequences.

Whenever I am dealing with a short sale and there are tax questions, I always recommend speaking to a qualified tax professional or attorney who is well versed in these matters.

One of the other things I would pay careful attention to is getting your Massachusetts short sale debt discharged. There are a lot of Realtors who are doing short sales and do not have a clue about debt release. You do not want to get caught with your pants down on this! Having a collection agency chase you for unpaid debts is probably not a pleasant experience!

Make Sure You Get Your Massachusetts Short Sale Debt Released!

Bill Gassett — Fri, 16 Apr 2010 13:19:10 +0000

If you are an avid reader of my Massachusetts Real Estate blog you probably have guessed that one of my passions is to help out those that are in need of completing a short sale.

Massachusetts home owners struggling to make mortgage payments are often turning to doing a short sale as a means of escaping their debt.

If you are not familiar with the term, a short sale is when a bank or mortgage lender agrees to discount a loan balance because of a financial hardship on the part of the borrower. The home owner sells the mortgaged property for less than the outstanding balance of the loan, and turns over the proceeds from the sale to the lender.

One of the most important considerations when pursuing a short sale of your Massachusetts home is to make sure that the debt has been canceled!

As a Massachusetts Realtor that has been representing a number of home owners in a short sale, I can tell you there is always a sense of great relief when a short sale approval comes from the bank. Often times it is months of waiting and the uncertainty can wear on anyone that has gone through the process. Short sales are anything but short!

For the past few years I have been successfully completing short sales all over the Metrowest Massachusetts area. So far the success rate has been 100% for short sale approval. Given the fact that nationally the success rate is very low, this is an accomplishment I am proud of.

All of my short sales are completed with the help of a local attorney who works with me during the short sale process. The relationship has been tremendous and my seller clients have been the beneficiaries of our team work.

One of the things I have been able to count on is the fact that the attorney has gotten a release of debt from the lender.

This point is crucial for you to understand because there are lots of Realtors out there who are representing sellers in short sales that do not know anything about debt removal.

What has been coming to light recently is that a number of lenders are selling unpaid mortgages to collection agencies which in some states have years to come after you for a collection of this unpaid debt. Some of these collection agencies have been able to win court judgments where they can collect through repayment plans and even garnish your wages if necessary!

Can you imagine hiring a Realtor to get a short sale approval for you only to find out years later that there was no release of your debt. I am sure you would not be a happy camper!!

These short sales where the debt has not been released is opening up opportunities for companies and investors that specialize in preying on people who did not know any better. This is big business and is known in Real Estate circles as “scratch and dent”.

There is some relief in sight for some folks under the new Home Affordable Foreclosure Alternatives Program (HAFA) that started April 5th. This new short sale program aims to prevent banks that hold second-lien loans from pursuing collections from homeowners after the short sale.

Under this HAFA program sellers will receive notice that their service company has steered part of the sales proceeds to secondary lien holders in exchange for release and full removal of their liens. It is important to understand however, that this release would apply only to short sales done through the Home Affordable Foreclosure Alternatives program. Not all lenders will be participating in this program.

Above all else if you are doing a short sale make sure your representative gets the lender to sign off on a complete removal of debt on your property!

If you are considering a short sale here are some other short sale articles I have written that would be worthwhile to read:

Massachusetts Short Sale Realtor Mistakes to Avoid

Massachusetts Short Sales

Questions to ask a short sale listing agent as a buyer

Stop Making Mortgage Payments During a Short Sale

Do you need to complete a short sale of your home or condo in Ashland, Bellingham, Blackstone, Douglas, Framingham, Franklin, Grafton, Holliston, Hopkinton, Hopedale, Medway, Mendon, Milford, Millbury, Millville, Natick, Northboro, Northbridge, Shrewsbury, Southboro, Sutton, Wayland, Westboro, Whitinsville, Worcester, Upton and Uxbridge MA. Get in touch I would love to interview for the chance to represent your best interests.

I am successfully completing short sales through out the Metrowest area. So far, knock on wood, I have a 100% success rate for short sale approval.!

_________________________________________________________________

About the author: The above Real Estate information on Massachusetts short sale debt removal was provided by Bill Gassett, a Nationally recognized leader in his field. Bill can be reached via email at billgassett@remaxexec.com or by phone at 508-435-5356. Bill has helped people move in and out of many Metrowest towns for the last 24+ Years.

Thinking of selling your home? I have a passion for Real Estate and love to share my marketing expertise!

Questions to Ask a Short Sale Listing Agent as a Buyer or Buyers Agent

Bill Gassett — Wed, 07 Apr 2010 12:22:26 +0000

There is no doubt that a short sale is not your run of the mill Real Estate transaction. Anyone who has ever been involved with one as a listing agent knows there are a lot of hoops to jump through! On a national level there is a very high percentage of short sales that never make it to closing.

If you have ever gone online and done any research on short sales you are bound to see articles and blog posts written blaming the lender for any number of things. In many circumstances the Realtors, sellers, and buyers that are complaining have a right to be angry.

There are however, a number of cases where the reason the transaction does not fly is because of the sellers REALTOR! Unfortunately there are a number of Realtors that have never done a short sale before and have limited knowledge of the process yet are taking listings from home sellers that do not know any better. What is so sad about this is that the seller will usually be at foreclosures door step without getting a successful short sale done.

If you are a buyer or a Real Estate agent representing a buyer I am going to give you some interview questions you should ask the short sale listing agent in order to determine if you have a legitimate shot of getting the short sale completed.

If you are a Massachusetts homeowner and need to do a short sale I would encourage you to read picking a Massachusetts Short Sale Realtor and need a Massachusetts Short Sale Realtor besides the questions below.

Are you going to be negotiating the short sale for the sellers or is there an attorney or short sale specialist involved?

If the answer coming back on this one is the Realtor is going to be representing the seller you MUST find out if they have ever successfully completed a short sale transaction before. If the sellers Realtor has never done a short sale before you might as well have your buyer move on to another home! The probability of the sale ever getting to the closing table is slim. If they have completed a short short sale before ask them their success rate. In other words of the short sales they have listed, how many did not close?

Have you requested the short sale package from the lender and has the seller filled it out?

In order to complete a short sale every lender requires various documents that must be filled out and returned to them. They include:

A completed authorization form allowing communication directly with the lender.

The lenders name, account numbers, and customer service phone number.

A hardship letter discussing the exact reasons why you are not able to pay the mortgage going forward. This letter must be dated and signed.

A copy of the listing agreement from the Real Estate agent.

Proof of income ~ The lender is going to require a financial statement including copies of your two most recent bank statements, copies of your last 4 pay stubs, or if you are self employed, a copy of your most recent profit and loss statement. Lastly, you will need copies of your last two tax returns.

Also are there any other debts on the home or condo such as past due water and sewer bills, condo fees, outstanding taxes, IRS or other liens.

Who are the lender/lenders servicing the loan?

This is a basic question that they better know the answer too. You need to ask them their experience with this particular lender. There are some lenders that are very difficult to deal with most notably Bank of America (BOA). If BOA is servicing the loan you expect to be on the longer side of getting to the closing table. It is not crazy to think the transaction could take 6-12 months. I know you are probably thinking to yourself how is this possible? Believe me it is!

How many loans are on the property?

If there is more than one loan the transaction is more than likely going to be harder to complete. The agent is now going to need to have negotiation skills beyond just dealing with one lender. When there are two lenders both need to be satisfied. There are some lenders that will only allow a 2nd mortgage holder to get X amount of dollars. The agent representing the seller needs to know how to get past any difficulties that could arise between disagreements with the two lien holders.

How is the listing agent going to handle submitting offers to the bank?

This is an extremely important question to ask. The correct way to handle a short sale transaction is to have the seller sign an offer that makes sense and submit that to the lender. It should be no different than any other sale. The seller owns the home and they either accept or reject an offer that comes in.

If the listing agent tells you that they will be collecting offers and submitting all of them to the bank you might as well tell your buyer client not to get involved. This is a very big red flag! It shows that the agent is clueless and has no idea how to correctly represent a seller in a short sale. Without a signed offer neither the seller or the buyer has a contract. There is no obligation on the buyers part and the seller could be left with nothing. The bank does not want to be in a position of reviewing multiple offers either.

The other mistake I see short sale sellers agents making is submitting any offer to the lender for approval whether it makes sense or not. One thing you need to understand is the lender is not going to accept a short sale if the accepted sale price by the home owner is way under market value. The offer amount submitted to the lender needs to make sense! The lender will send out an appraiser to verify the value and if it does not meet the parameters it will be rejected.

How far away is the owner until foreclosure proceedings?

You obviously need to find this out for the sake of your buyer. There is no point in them spending money on inspections, lenders fees and other things if the sale is going to end up in foreclosure. Someone representing a seller in a short sale is going to need to make sure that foreclosure proceedings are put on hold.

These are just a few but very important questions that could help you determine if you have a shot at getting short sale approval. Ideally I would tell you that if an attorney with short sale experience or other type short sale specialist is handling the sale you probably have a better shot at getting the deal done.

Enjoy the short sale video below and work with a short sale Realtor who knows what they are doing!

_________________________________________________________________

About the author: The above Real Estate information on questions to ask a short sale listing agent as a buyer or buyer’s agent was provided by Bill Gassett, a Nationally recognized leader in his field. Bill can be reached via email at billgassett@remaxexec.com or by phone at 508-435-5356. Bill has helped people move in and out of many Metrowest towns for the last 24+ Years.

Thinking of selling your home? I have a passion for Real Estate and love to share my marketing expertise!

Need a Massachusetts Short Sale Realtor? Don’t Pick a Short Sale Buffoon!

Bill Gassett — Wed, 24 Mar 2010 11:55:46 +0000

One of the biggest mistakes I see being made over and over again by those that need to short sell their Massachusetts home is picking the wrong Real Estate agent to work with.

Don’t make this mistake and turn into Realtor road kill!

The are an abundance of Realtors that are listing short sales and don’t know the 1st thing about what they are doing! Who suffers the most from this? YOU…the seller!!

When you need to do a short sale on your home it is not like selling your home in a traditional fashion. The Realtor you choose to work with can have far reaching consequences for you. If you don’t get the short sale right you are more than likely going to end up in FORECLOSURE. The very thing that you are trying to avoid at all costs can often times be the direct result of a Realtor that has no business representing you.

Working as a Massachusetts Realtor, I constantly see things being done that just make me furious when it comes to short sales. Below are some examples of things that Real Estate agents are doing that very well could spoil any chance of getting a short sale approval:

Presenting Multiple Unsigned Offers to the Bank

This is by far one of my biggest pet peeves. When you are doing a short sale you DO NOT send multiple unsigned offers to a lender. Inexperienced Realtors who don’t work with shorts sales routinely make this mistake. A short sale is NOT a foreclosure and should not be treated as such. As the seller you still own the property and still make all the decisions with your home.

As the home owner of record, you see the process all the way through to the closing just like any other transaction. The lenders function is to approve or not the contract you are providing them.

When you don’t sign a contract you don’t have a buyer! Lets say your home is on the market and you get 3 offers. They all look pretty decent and your Realtor submits all of them to the bank unsigned. If you have done any research on short sales you probably know that they can take quite a long time for approval. As crazy as it sounds, there are some cases where short sales are taking between 6 months to a year to get approved. On average the time for approval is around 4 months.

How many buyers do you think get frustrated and walk after a few months of waiting? The answer is A LOT!! When you don’t have a signed contract there is no consequences for a buyer walking. It is say la vie and you have just wasted an enormous amount of time. Enough time that perhaps the foreclosure proceedings could be at your door step!

When I am representing a seller in a short sale it is a REQUIREMENT that the buyers waits for at least 90 days for short sale approval.

When you have multiple offers, it is just like any other transaction. You pick one offer and go with it. As a seller you should be picking the offer that has the greatest chance of getting approved. Along with the price and all the rest of the terms, you need to know the buyer is committed to your home and is willing to see the short sale process to conclusion. In addition, the bank is looking to work with an offer that makes sense. Their function is not to become the judge and jury for a Real Estate transaction.

Having a Seller Sign an Offer That Has No Chance of Being Approved

This is problem #2 and one that I also run into quite a bit. This is just the opposite of submitting all the offers to the bank unsigned. While this has happened recently while I was working as a buyers agent, I am going to relay a story about a buyer who is not my client but called me for advice because he has read a number of short sale articles I have written.

This gentleman was interested in purchasing a short sale in the Boston area that was listed for a little over $400,000. He told me he did his research and felt the home was worth close to the asking price. He met the listing agent at an open house, liked the property and thought about it for a few days. He called back a few days later and told the agent he wanted to make an offer for $400,000.

The agent told him “I am sorry but someone put in an offer yesterday and the owner accepted it”. The buyer asked the agent what the offer was that the seller accepted. She told him $300,000! On so many levels this Realtor is a complete moron. As anyone in the business knows, it is a violation of the code of ethics to reveal what a seller has accepted for an offer on a property. Beyond the fact that the Realtor does not follow the code of ethics, this short sale is more than likely going to be flat out rejected by the lender.

This guy told me that the seller said to his agent “the 1st offer is almost always the best so I think we should take it”. The home was on the market for ONE DAY! A Realtor that knows what they were doing would have told the seller he can not accept this offer because it will not be approved by the bank.

When lenders are evaluating whether to approve a short sale or not one of the steps they take is to send out an appraiser to verify the value of the home. The accepted sale price needs to be within the ball park of the market value. In the above scenario what you can expect is a SHORT SALE rejection.

It is such a shame because this buyer wanted the home and was willing to pay 100,000 more than what was accepted.

If this Realtor had done their job there would be one less seller that may not end up in foreclosure. Sadly, there will probably be another short sale that will never make it to the closing table because of pure stupidity. This is not some random story. This kind of thing goes on all the time in Real Estate.

Don’t let the joke be on you! Do your research on selecting a short sale agent to work with. They should have experience closing short sales and have a complete understanding of the process.

Thinking of selling a short sale home or condo in Ashland, Bellingham, Blackstone, Douglas, Framingham, Franklin, Grafton, Holliston, Hopkinton, Hopedale, Medway, Mendon, Milford, Millbury, Millville, Natick, Northboro, Northbridge, Shrewsbury, Southboro, Sutton, Wayland, Westboro, Whitinsville, Worcester, Upton and Uxbridge MA.

Get in touch I would love to interview for the chance to represent your best interests. I am successfully completing short sales throughout the entire Metrowest area. So far, knock on wood, I have a 100% success rate for short sale approval.

Click on the links below to see other important information related to a Massachusetts Short Sale:

Massachusetts Short Sales

Picking a Massachusetts Short Sale Realtor

Ethics in a Short Sale

_________________________________________________________________

About the author: The above Real Estate information on Massachusetts short sale Realtors was provided by Bill Gassett, a Nationally recognized leader in his field. Bill can be reached via email at billgassett@remaxexec.com or by phone at 508-435-5356. Bill has helped people move in and out of many Metrowest towns for the last 25+ Years.

Thinking of selling your home? I have a passion for Real Estate and love to share my marketing expertise!

Stop Making Mortgage Payments During a Short Sale?

Bill Gassett — Thu, 18 Feb 2010 02:20:43 +0000

The question of whether a home owner should stop making mortgage payments during a short sale is a popular topic for sure!

There are a lot of myths floating around when it comes to successfully doing a Real Estate short sale. One of the more prominent untruths is the fact that you need to be in default with your lender in order to do a short sale.

On numerous occasions both online and around the water cooler in the office, I have heard other Realtors telling their clients that they need to be behind in their mortgage payments in order to complete a short sale. This is flat out WRONG and could have negative consequences for the seller if they listen to that advice.

One of the most difficult questions a client or customer can ask me is whether or not they should stop making mortgage payments. While I am well versed in short sales, a lawyer I am not and therefore should not be handing out legal advice. When I am asked this question more often than not I will have them speak with the lawyer I work with on all of my short sales.

If you are thinking you may need to do a short sale here are some things to consider regarding whether or not it makes sense for you to make mortgage payments or not:

Reasons to Stop Making Your Mortgage Payments During a Short Sale

Although you do not need to be in default in order to do a short sale most lenders will act quicker on a file that is delinquent. It makes perfect sense. Why would a bank give priority to someone who is current on their loan?

Some sellers just don’t have a choice, as financial hardship has forced them to put all their money towards essentials such a food and heat.

The money being put toward the mortgage could be going towards building savings to be able to pay future rent and other living expenses instead.

Lenders may be less inclined to go after a seller if they are not making mortgage payments. It is obviously difficult to get blood out of a stone and some banks may not want to expend the energy chasing down a deficiency.

Biggest Drawbacks of Going Into Default

There will be an impact to your credit score. Whether you go through a short sale or let the home go to foreclosure there will be an impact on your credit. Every circumstance is different but speaking in generalities your credit score could take a whack of around 200-300 points in a foreclosure.

A short sale has the potential to be around the same, although I have seen in quite a few circumstances where the drop was closer to 150 -180 points.

You will not be able to buy another home for two years. For a Fannie Mae backed loan you will more than likely not be able to get a loan for two years.

End up in foreclosure. If you are not making payments during the short sale process and the bank rejects the sale you could end up losing the home to foreclosure. This obviously would be the case anyways if you did not have the ability to pay the mortgage.

The case for making mortgage payments during a short sale

If you can financially afford to make your mortgage payments in a short sale, you may want to for the following reasons:

You more than likely will be able to get an FHA loan if you were not late on any of your mortgage payments. According to Fannie Mae guidelines issued in August of 2008, you are also supposed to be able to get a conventional loan if you do not have to pay back the lender the “short fall” and did not become delinquent during the short sale. While this is supposed to be the case most lenders say otherwise.

Making your payments does help protect your credit to some extent although the lender can still report your short sale which will effect your FICO score. This is recognized as Credit Score Factor Code #22.

If the home does not sell or the bank rejects the short sale you will still be current and not in jeopardy of losing the home.

If you have not fallen behind in your mortgage payments it may make the whole process easier to cope with emotionally. There are many that get worked up from the fact that they are failing to payback an obligation they signed up for.

For a complete understanding of the process from both a buyers and sellers perspective see Massachusetts Short Sales. A short sale is a great way to stop a Massachusetts foreclosure!

Are you needing to short sale a home or condo in Ashland, Bellingham, Framingham, Franklin, Grafton, Holliston, Hopedale, Hopkinton, Medway, Mendon, Milford, Southboro, Westboro, Natick, Northboro, Northbridge, Whitinsville, Upton, Uxbridge, Shrewsbury, or Douglas? Get in touch I would love to interview for the chance to represent your best interests.

I am successfully completing short sales through out the Metrowest area. So far, knock on wood, I have a 100% success rate for short sale approval. If you are not in the Metrowest area and need to do a short sale please feel free to contact me and I would be happy to refer you to a Realtor in your location that handles short sales.

_________________________________________________________________

About the author: The above Real Estate information on stop paying your mortgage during a short sale was provided by Bill Gassett, a Nationally recognized leader in his field. Bill can be reached via email at billgassett@remaxexec.com or by phone at 508-435-5356. Bill has helped people move in and out of many Metrowest towns for the last 24+ Years.

Thinking of selling your home? I have a passion for Real Estate and love to share my marketing expertise!

Picking a Massachusetts Short Sale Realtor

Bill Gassett — Tue, 16 Feb 2010 12:08:04 +0000

Over the years there have been plenty of times I have seen consumers make poor choices in picking a Realtor to represent them in the sale of their home.

If the Real Estate market is booming making a bad selection can be less of an issue. Going back to the beginning of the decade all you had to do as a Realtor was put a sign in the yard and put it in the multiple listing service (MLS) and your chances of success were pretty good. Obviously not the case in June of 2011!

In a challenging Real Estate environment like we have been facing over the last few years, the agent you select can have a profound effect on the outcome of your home selling efforts.

Short Sales are a huge buzz-word in the Real Estate industry right now given how tough the market is and how many people are upside down on their mortgages. If you are not familiar with the term, a short sale is when the home owners mortgage company agrees to take less than what is owed on the property.

Short sales have become more common as Real Estate values in most areas of Massachusetts have dropped over the last five plus years. There are plenty of folks that need to sell their home because they can no longer afford to make mortgage payments. The short sale is a better alternative than letting the bank foreclosure. Most banks do not want to own property and the short sale allows them to avoid an expensive foreclosure proceeding. It is a win-win for both parties.

Some of the more common reasons for financial hardship include the loss of a job, reduction in pay, or a business failure. These are legitimate reasons a bank would allow a short sale to be approved.

With more and more short sales hitting the market, one of the things that has become absolutely mind boggling to me is how people go about choosing a Realtor to work with on a short sale transaction. Many consumers do not realize that selling a home via the short sale route is very different than a standard Real Estate sale! You can not just hire any Massachusetts Realtor when you need to do a short sale. The Realtor you choose should have experience handling this type of transaction.

Remember as a seller you are not that far away from a potential foreclosure so picking the wrong Realtor would be a very big mistake!

There are many Realtors that just don’t seem to care and take the ” I will figure out how to do this later” mentality. Is it any wonder that the success rate nationally for a successful short sale is very low? Some of the things I see Realtors doing is just atrocious. One of the more common errors I see is a listing agent submitting multiple offers to the lender for approval without the seller signing one of them. In essence there is no legal contract and the buyers are free to walk at any time.

Given the lengthy time for a short sale approval, a seller should be looking to lock up the best qualified buyer that has the greatest chance in getting to the closing table. On the short sale contract, I am always asking for the buyer to wait a minimum of 90 days to get short sale approval.

Like any other Real Estate transaction there should be money held in escrow from the buyer that offers the seller protection if the buyer decides to walk. Without a mechanism to hold a buyer in the deal the contract is pointless. For a complete explanation see Massachusetts Short Sale.

Make sure you ask the Real Estate agent you are thinking of hiring about their experience and their track record with bringing a short sale to a successful conclusion. If you are asking questions you feel the Realtor should know the answers to and they are making a face like this, I would suggest trying someone else:)

Related short sale Real Estate articles: