Tuesday, January 27, 2009

Taking Advantage of Short Sales to Avoid Foreclosure

By Tomasheus Privetsky

In difficult real estate sales markets, one of the tools used by lenders to minimize the financial losses associated with foreclosure is a short sale. Short sales are often utilized when homeowners with high mortgage balances are in arrears and unable to bring loan payments current. A lender can either proceed to foreclose upon the property, or can try to convince the homeowner to list the property for sale to pay off the outstanding loan balance.

If the owner decides that it's preferable to sell the home, in many cases lenders are willing to accept a payoff amount that is actually far less than the current loan balance. Especially in a difficult real estate market, lenders would often rather give homeowners a fighting chance at selling the property by allowing them to list and sell it under market price before the foreclosure auction. When a home is sold for an amount that will not pay off the entire mortgage balance, this is called a short sale

Though it may seem surprising, many lenders will authorize the sale of a home at a price that will not pay off the existing loan balance that the lender is owed. These short sales are lender-approved sales in an attempt to avoid foreclosure. By facilitating a short sale, lenders mitigate or minimize the losses suffered as a result of foreclosure.

It seems strange that lenders would approve a short sale, knowing that financial loss will result. Why is this so? Lenders use this strategy to avoid foreclosing on a property because an actual foreclosure is an extremely costly process. Not only must the lender repossess the home and resell it, but there are legal fees, insurance, taxes, real estate commissions, lost interest revenue and eviction costs as well.

Given the high costs of a foreclosure, many lenders actually net more money through short sales than through foreclosing on and reselling properties. In the current foreclosure crisis, lenders have far more REO (repossessed homes) in inventory than they can reasonably handle. This costs lenders time and money while these non-performing assets continue to sit on the books. But the costs of the foreclosure process itself aren't the only concern for lenders.

Lenders are also pressured by city and county governments to keep vacant foreclosure properties in good condition to stave of vandalism and drug related crimes. Some municipalities even file lawsuits against lenders that fail to maintain vacant REO properties in good repair. This risk is another reason why lenders increasingly prefer short sales over foreclosure proceedings.

Most lenders are trying to get rid of their REO inventory and taking big discounts. But many now have discovered that ownership of large inventory of vacant properties is a huge burden. So they are more than ever interested in not taking the REO in the first place. That's why they now have special staff to deal with short sale offers submitted on properties in foreclosure. They are doing everything possible to avoid foreclosure and burdening themselves with the ownership responsibilities and expenses.

For those who buy homes through a short sale process, there is a golden opportunity to buy a home at a deep discount prior to the public foreclosure auction. Consider though that a short sale can only take place with lender approval. For investors, short sales present an opportunity to buy and resell a property at a significant profit, or to convert the property to a rental for ongoing cash flow.

Why would a homeowner entertain an idea of a short sale? Due to current economic crisis many homeowners are finding themselves without steady employment. Without a paycheck families are falling behind on mortgage payments. Many are now facing foreclosure.

For homeowners with few resources to make often high payments on an over-financed home, a short sale is sometimes the only way to easily exit the situation. For investors, a short sale can be a path to a profitable return on the sale of a foreclosure home. - 14915

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