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How to do a Short Sale - McKinney Homes

How to Do a Short Sale - McKinney Homes

How to Do a Short Sale on a Home.If loss of a job, health problems or other hardships have made it impossible for you to continue making payments on your home,
you may consider doing a short sale to avoid bankruptcy, foreclosure or both. A short sale occurs when the loans outstanding against a property are more than what the home can be sold for. To do a short sale, it is recommended that you enlist the expertise of a professional Real Estate who is experienced in this area.

More on How to Do a Short Sale

How to Do a Short Sale - Steps in the Short Sale Process

1. Verify the value of your home--A competent Real Estate agent can determine the value of your home and tell you how much you can expect to sell it for.

2. Put together a Preliminary Net Sheet--This is accomplished by totaling the amounts owed against the property including:

  • Loan balance
  • Outstanding payments
  • Late fees
  • Real Estate commissions
  • Title and escrow fees
  • Attorney's fees
  • Unpaid property taxes
  • Notary fees
  • Other fees associated with selling a property

Next, subtract all amounts owed against the property from the estimated sale amount that you will get for the home. This will be a negative number, if it is not, you will not be able to do a short sale.

3. Contact your lender to discuss their procedures for doing a short sale. Some lenders may forgive the outstanding balance after the sale; others may still hold you responsible for the balance owed.

4. Submit to your lender a Letter of Authorization giving them permission to discuss your situation with your Real Estate agent or others that may be involved. Include the following in your letter:

  • The address of the property
  • Your loan reference or account number
  • Your name
  • The date
  • Your agents name
  • Your agent's contact information

5. Submit to your lender a Hardship Letter. It is important to be honest while still creating a clear picture of your dire financial situation. If you lost your job due to a permanent injury or a layoff, include the details of this in you letter. The purpose here is to persuade the lender that you have no other options and it would be in their best interests to accept less than the full amount owed on the property in question.

Your Real Estate agent can provide you with a Comparative Market Analysis to show the lender if a decline in the real estate market is a contributing factor in your inability to sell your home for the loan amount owed.

6. Provide your lender with proof of your income an assets. Also include copies of your bank statements. Be prepared to explain any deposits or withdrawals that appear unusual to the lender.

7. Send your lender a copy of the purchase agreement between you and the potential buyer of your property. Be aware that the lender is likely to re-negotiate some of the terms of this agreement to protect their best interests. A lender will not pay for things typically paid by a seller like home inspections.

How to Do a Short Sale - Summary

Follow the advice of your Real Estate agent, Trey Teichelman, to successfully negotiate the terms of a short sale. Also, be sure to consult your accountant. The IRS will treat your debt relief as taxable income. There may be options available to you, such as the insolvency exemption or others. Your agent cannot give tax advice; however, he or she may have some helpful suggestions.

"The Mortgage Forgiveness Debt Relief Act of 2007 generally allows taxpayers to exclude income from the discharge of debt on their principal residence. Debt reduced through mortgage restructuring, as well as mortgage debt forgiven in connection with a foreclosure, qualify for this relief.

This provision applies to debt forgiven in 2007, 2008 or 2009. Up to $2 million of forgiven debt is eligible for this exclusion ($1 million if married filing separately). The exclusion doesn’t 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.

The amount excluded reduces the taxpayer’s cost basis in the home."

-IRS website on Home Foreclosure and Debt Cancellation

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