One of the questions I am often asked when consulting a Massachusetts home owner about short sales is whether or not it is alright if they move out of the home.
Sometimes life circumstances dictate that it would be more convenient to live somewhere else. The answer to this questions is an easy one. Leaving a home during a short sale is not a good idea!
If at all possible it is far more wise to remain in your home when trying to complete a short sale.
There are some lenders that consider a home owner moving out of their residence as “abandonment”. When abandonment comes into play you can often times see the lender trying to fast track the foreclosure proceedings. This of course is not something you really want to monkey around with.
It is not uncommon to see a lender send out an independent firm that will visit the home and see if the owner is still present. If the short sale inspector reports that the home is vacant, there are times when these companies are ordered by the bank to change the locks and secure the property.
There are numerous times over the last three years that I have been called by these types of short sale inspection companies. The party line is always the same. They get a phone call from the lender asking them to stake out the property and find out what the current status is. Of course when they get to the home they end up seeing my Real Estate sign and then give me a phone call.
When this happens I explain that we are doing a short sale and it is not necessary for the locks to be changed. In my experience these short sale inspection companies are usually pretty good and understand the short sale process. When I tell them it is not necessary for the locks to be changed they usually comply. This is not to say that they won’t end up changing the locks at some point down the road.
There was one time despite the fact that I told the company not to change the locks that they did so anyways on orders from the bank. This of course is illegal. The bank has no legal right to change the locks on a property they do not own especially if it has not been abandoned.
When a property is abandoned the bank position is that they have the right to protect their asset. There are any number of things that can go wrong in a home when it is vacant. One of the most common is pipes freezing. When this happens you can easily have a situation where significant damage can occur. Water damage is further enhanced by the likely hood of getting mold. These kind of issues are what the lenders are trying to avoid when they secure a property.
The bottom line is if you are able to stay in your home during a short sale then this is what you should do! When I 1st started working with Massachusetts short sales a few years ago, it was very typical to request that the bank postpone a bank foreclosure sale in order to entertain or continue to process a short sale transaction.
Recently it has become increasingly more difficult to get the mortgage lender to agree to postpone the foreclosure sale especially if it is a Fannie Mae loan. Moving out during a short sale could further increase the chances of the lender being difficult to work with.
Related short sale Real Estate articles:
- When to do a short sale home inspection
- Strategic defaults vs short sales
- Massachusetts short sale specialists
- Short sale debt removal
If you are in need of doing a Massachusetts short sale it is highly recommended that you work with a short sale specialist. There are numerous Realtors that have begun to take short sale listings that have no experience what so ever completing a short sale transaction.
I would encourage you to do your home work when selecting a Realtor to work with.
Many agents do not know the 1st thing about short sales and try to learn on the fly. When you are facing foreclosure the last thing you want is to be stuck working with an agent that doesn’t know about short sale procedures!
If you are needing to complete a short sale of your home or condo in Ashland, Bellingham, Framingham, Franklin, Grafton, Holliston, Hopedale, Medway, Mendon, Milford, Hopkinton, 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! I work hand in hand with a local Real Estate attorney who knows how to get short sales done!
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.
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About the author: The above Real Estate information on moving from a home 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!
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.
Thanks a completely different perspective on short sale as so many people advice that the house would get a better value if it is vacant.
Bill I wanted to let you know your short sale articles are amazing. I have been reading them every month and they are concise and easy to understand. Staying in a home during a short sale makes perfect sense. Keep up the great work helping people with their short sales!
Colleen – Thanks for your compliments on my short sale articles. These are some of the articles I enjoy writing most because I know that there are people that need help with them. Lots of Realtors hate short sales and don’t want to be involved with them because of how difficult they are to complete. I love a good challenge!