
A great treatment of many of the myths surrounding short sales, also from the folks at KCM Blog. Many of our homes here in the Boise-Nampa Metro area are still in this situation so it is good to know the facts.
It’s likely you’ve heard the term “short sale” thrown around quite a bit. But what, exactly, is a short sale?
A short sale is when a bank agrees to accept less than the total amount owed on a mortgage to avoid having to foreclose on the property. This is not a new practice; banks have been doing short sales for years. Only recently, due to the current state of the housing market and economy, has this process become a part of the public consciousness.
To be eligible for a short sale you first have to qualify!
To qualify for a short sale:
Now that you have a basic understanding of what a short sale is, there are some huge misconceptions when it comes to a short sale vs. a foreclosure. We take the most common myths surrounding both short sales and foreclosures and give a brief explanation. LET’S BUST SOME MYTHS!!
1.) If you let your home go to foreclosure you are done with the situation and you can walk away with a clean slate. The reality is that this couldn’t be any farther from the truth in most situations. You could end up with an IRS tax liability and still owing the bank money. Let me explain. Please keep in mind that if your property does go into foreclosure you may be liable for the difference of what is owed on the property versus what is sells for at auction, in the form of a deficiency balance! Please note this is state specific and in most states you will be liable for the shortfall, but in some states the bank may not always be able to pursue the debt. Check your state law as it varies widely from state to state.
Here is an example of how a deficiency balance works
If you owe $200,000 on the property and it sells at auction for $150,000, you could be liable for the $50,000 difference if your state law allows it.
Not only could you be liable for the difference to the bank, but in some situations you could also be liable to the IRS! Although there are exemptions (mostly for principle residences) under the Mortgage Debt Forgiveness Act, there are times when you could be taxed on both a short sale and a foreclosure, even in a principle residence situation. Since the tax code on this is a little complicated and I am not a CPA, I advise always talking to a CPA when in this situation as you are weighing your options. Hard to believe? Well, believe it or not, the IRS counts the difference between the sale and the charged off debt as a “gain” on your taxes. That’s right-you lost money and it’s counted as a gain! (I didn’t make that rule, that’s a wonderful brainchild of the IRS). Banks and the IRS can go as far as attaching your wages. Not to mention if you let your home go to foreclosure you will have that on your credit, as well.
Guess What? A short sale can alleviate your liability to the bank, in most situations. There are also exceptions to this, but in most cases banks are releasing homeowners from the deficiency balance on a short sale.
2.) There are no options to avoid foreclosure. Now more than ever, there are options to avoid foreclosure. Besides a short sale, loan modifications along with deed in lieu are also examples of the many options. In most cases (but not all) a short sale is the best option. Either way, there are more options today than there have ever been to avoid foreclosure.
3.) Banks do not want to participate in a short sale, or, it is too hard to qualify for a short sale.Banks would rather perform a short sale than a foreclosure any day. A foreclosure takes a long time and creates a huge expense for the banks; a short sale saves both time and money. Banks have more foreclosure inventory than ever before, and certainly do not want any more. Banks more than ever welcome short sales. Qualifying for a short sale is easier than you think, you need to have a true financial hardship, or a change in your finances and your house has to be worth less than what you owe on it. Not only do consumers, but banks also now have government incentive to participate in short sales.
4.) Short sales are not that common. At this present time, short sales range from 10-50 % of sales in various markets and it is predicted that in 2012 we will have more short sales than any other year, to date. Due to economic changes in the last few years, this is something that is affecting millions of Americans. Short sales are in every market, and are not just limited to any particular income class. This has affected everyone from all facets of life. A short sale should be looked at as a helpful tool, not a negative stigma. That is why the government is offering programs that actually pay consumers to participate in short sales. It is not just affecting one community; it is affecting communities and consumers across the nation.
5.) The short sale process is too difficult and they often get denied. Though the short sale process is time consuming; it is not as difficult as the media would have you believe. The problem is that most short sales are denied because of a misunderstanding of the process. It is true that if the short sale process is not followed correctly there is a good chance of getting denied. An experienced agent knows how to avoid this. Short sales require a lot of experience, and a special skill set. If you are looking to go the option of a short sale make sure your agent is skilled and experienced in this area.
6.) Short sales will cost me money out of pocket. A short sale should not cost you any out of pocket money. In fact, you could get between $3000-up to $30,000 to participate in a short sale. In many ways, a short sale may put you in a better financial position than prior to the short sale. Almost every short sale program now has some type of financial incentive for the home owner, as long as it is a principle residence, and we are even seeing relocation money being paid on some investment/second homes. As a seller of a property you should never have to pay for any short sale cost upfront to any professional service. Realtors charge a commission that is paid for by the bank. In most communities there are also non-profits and HUD counselors who can help you with foreclosure prevention options for free. The only potential cost you could incur is if the bank would not release you from a deficiency balance in the short sale, which is happening less and less now.
7.) If I am behind on my payments, I can perform a short sale any time. The farther you get behind on your payments, the harder it is to get a short sale approved. The closer a property gets to a foreclosure the harder it is to convince the bank to perform a short sale. As they get closer to a foreclosure sale more money is spent, thus deterring them from doing a short sale. If you think you need to perform a short sale, time is of the essence; the sooner you start the process, the better. Waiting too long can trigger the ramifications of a foreclosure, losing the ability to do a short sale as a viable option.
8.) I have already been sent a foreclosure notice so I can’t perform a short sale. For the most part just because you received a foreclosure notice or notice of default it does not mean that you do not have time to perform a short sale. The timeline and specifics do vary from state to state, but having done short sales all over the country, I have seen banks postpone a foreclosure to work a short sale option as close as 30 days prior to the scheduled foreclosure auction, but the longer you wait the less chance you have. If you have received a legal foreclosure notice, please reach out to a professional right away. The longer you wait, and the closer you get to foreclosure, the fewer options you have. If you have received a notice to foreclose this means the bank is filing paperwork and starting the process to take legal action to repossess the house. You still have time at this point to prevent foreclosure, but do not hesitate! The closer you get to the foreclosure date the harder it becomes to negotiate with the bank for whichever option you choose.
9.) I was denied for a loan modification, so I know I will get denied for a short sale. Short sales and loan modifications are handled by two separate departments at the bank. These processes are totally different in approval and denial. If you got denied for a modification you can still apply for a short sale; in some cases you can get a short sale approved faster than a loan modification, as some loan modifications are denied because they cannot reduce the loan low enough based on the consumers income.
10.) If I go through a short sale I cannot buy another house for a long time. The time to buy another house depends on your entire credit picture and can vary from 12-24 months. There are even a few FHA programs that allow for a purchase sooner than that. I have worked with clients who went through a short sale and bought another house in less than 12 months.
These are just a few of the common myths surrounding short sales and foreclosure. With the options available today, no homeowner should ever have to go through foreclosure, and hopefully this information can help a few more homeowners think twice before walking away from their home not realizing the possible long term ramifications a foreclosure can have.
I have successfully assisted many home owners negotiate a short sale and I am in the process of taking several more thorugh the process. Give me a call today if you are in this situation, time is of the essence. 602-0055 or roger@lowesflatfee.com
How to turn must-do home improvements
into things of beauty
(ARA) – When it comes to home improvement, you can spend money in two basic ways: on things that make your home look better and things that make it function better. Under the first category, you’ll find all the things you want to do, like replacing narrow casement windows with a lovely bay window. Under the second, falls all the things you must do, like replacing those drafty windows with something more energy-efficient.
When “want to” and “have to” meet, they create the opportunity to make a smart buying decision – and choose an upgrade that will look good and improve the livability of your home. The key to making smart home improvement decisions is to recognize these opportunities and take full advantage of them.
Here are a few “have to” improvements that have the potential to turn into a good-looking, energy-efficient, enjoyment-enhancing “want to.”
Replacing the hot water heater.
You probably don’t care what a new hot water heater looks like sitting in your garage or basement – or wherever it resides in your home. But the right replacement water heater can help your house achieve a lovely shade of green. High energy-efficiency water heaters can help reduce energy usage, thereby trimming your energy bills and your home’s environmental impact. Solar water heating systems take the beauty a step further by using the power of the sun, collected through low-profile solar panels on the roof, to heat water – at a monthly savings that’s about 80 percent less than the cost of traditional heaters.
Getting some light in here.
Do you really need a bunch of scientific studies to tell you that a home filled with natural light just feels better? Probably not. Illuminating your home with natural light is a smart buying decision on multiple levels. First, you don’t pay to power the sun. Second, natural light delivers a host of mood-enhancing benefits. If you have the wall space, by all means add some windows.
But for rooms where a window is impossible (like a powder room) or where you don’t want to sacrifice privacy (like a master bathroom) a tubular skylight is a good alternative. Some, like Velux’s Sun Tunnel products, are easy enough to install that a seasoned do-it-yourselfer could accomplish the task. They cost less than traditional skylights and bring natural light to hard-to-light areas like closets, hallways and other small spaces.
Getting some air in here.
Just as natural sun is good for your mood, ventilation can be good for your health. An Energy Star qualified venting skylight is a great way to passively vent stale, moist air from inside your home, especially from baths and kitchens. While some skylights are “fixed,” those that do open can be controlled by a remote to open when you want fresh air and close when you want to retain warmth. They can also close automatically in case of rain. In addition, they introduce free light into your home. Adding blinds – also remote-controlled – can help you better control the amount of sun a skylight admits into your home. And blinds are not just functional – you can get them in colors and patterns to complement your decor while increasing energy efficiency. Compared to other venting solutions, a skylight is a relatively low-cost, great-looking way to address ventilation issues while adding drama to a space. Log on to www.veluxusa.com to learn more about skylights.
When one door opens …
Beat up, weathered garage and front doors not only look bad, they can be a source of air leaks that make your heating, ventilation and cooling system work harder. Exterior doors aren’t something you buy every day, but they can have a big impact on how your home looks and on its energy efficiency. They can definitely be a smart buying decision if you opt for doors that not only look good, but are also highly rated for energy efficiency. If you’re not sure how to choose, look online, where you’ll find guides for buying garage doors and front doors.
A super indicator of the Treasure Valley’s market strength. Thanks to Pioneer Title Company!
The PTC Index is a monthly measurement of the vibrancy of the Treasure Valley real estate market. Based on a custom weighted algorithm, it combines nine critical measurements of the real estate market into a single, useful number: the PTC Index. To give you some perspective, when the market was at its most active point in 2005, the PTC Index average would have been 225. In January of 2010 we reached a low of 28. Though times have changed, the need for this data is greater than ever.
| Building Permits | 182 |
| New Home Sales | 108 |
| Existing Home Sales | 643 |
| Refinance | 1164 |
| Average Sales Price | 140550.5 |
| Financial-Bond Market(10-yr Treasury) | 2.17 |
| Days on Market | 76.5 |
| Distressed(Short Sales and REO) | 2759 |
| Notices of Default | 392 |
| PTC Index | 162 |
March was indeed a sight for sore eyes as the real estate industry typically makes gains this month and sets a tone for the rest of the season which extends to early fall. The average sales price of a home fell slightly by 4% from the month prior, but is up 8% from a year ago. Notices of default and distressed properties (short sales and real-estate owned) also fell a bit by 6% and 4.4% from the month prior, respectively. Building permits made big gains in March as well with a 16% increase from the month prior. Looking at building permits a year ago, we see a whopping 43% increase since then in March 2012! New home sales ticked up by 10% across the valley, while existing home sales continue a positive trend up nearly 20% from the month prior. Refinances also continued their momentum up 15% from the month prior; they show a massive gain of 56% in the year-ago time period.
February was at 131.