A short sale occurs when a lender agrees to accept less payment than the outstanding balance of the loan. Buyers of these types of properties acquire them at discounted prices to either take possession of the property for long term profits or flip them to obtain short term profits.
The short sales industry has also been clouded by many myths and misconceptions. The passing of this kind of knowledge often leads to wrong decisions or worse, inactivity for which foreclosure becomes inevitable. There’s so much information that needs to be cleared up before any investor is able to truly be able to help the seller. Here are some common myths.
Short Sale Myth #1: Short Sales Can Always Happen as Long as the Bank Doesn’t Have Possession of the Property
One thing investors should be aware of is bankruptcy. The regulations surrounding properties that are in bankruptcy status prohibit collection activity. Short sale negotiations are collection activities and what that means for investors is that short sale negotiations won’t happen because lenders won’t consider any offer. The best way to handle a situation like this is to obtain documentation regarding the bankruptcy. Is the seller really in bankruptcy? Don’t take their word for it because you’ll find that many sellers don’t have a clue about the impact of their financial decisions.
Short Sale Myth #2: Everybody Can Make a Profit from a Short Sale
While it’s true that the best short sale deal profits everyone, the truth is that the seller cannot have any monetary gains from the sale. Lenders will examine your offer through the HUD-1 form that must accompany your short sale offer. The document is then scrutinized to ensure that the seller is indeed in financial hardship and a short sale is the only option available for them.
Short Sale Myth #3: Any Offer is Valid
Even though banks are under the gun to work out a favorable deal prior to going to court, any offer is not valid. There are many factors used in determining whether an offer is accepted or denied however, in general, many banks will consider offers that are 10% below market value especially if the property has considerable equity, is in a stable market, and if the property can be resold for it’s appraisal price. Investors should take heed to factors such as market conditions, conditions of the property, and the ability for a property to fetch the market price before submitting an offer. Submitting frivolous offers will most often be rejected.
Short Sale Myth #4: Banks Will Not Accept a Low Offer
The main point I’m trying to make is that if the property can be resold at market conditions, banks will more than likely not accept a low offer. Why? They can take possession of the property and resell it themselves. On the other hand, banks also understand declining market conditions and will take those situations into account before deciding to accept or deny any offer. After all, time is money and they don’t want to lose any more of it than they have to.
Short Sale Myth #5: The Seller’s Credit Rating is not Affected in a Short Sale
While the seller benefits from avoiding foreclosure, there will still be a notation on their credit report that states that the loan was settled for less than the amount owed. That’s still a ding on their credit history and while it’s still better than FORECLOSURE in big, bold letters, it will be something that comes up should they decide to purchase another property.
I can’t stress how important it is to do your homework before working a short sale deal. Become familiar with the process by reading all you can on short sales. Talk with a mentor and ask questions if you’re unclear about what to do. You’ll not only be able to educate other investors, but also the sellers you’re doing the deal with.
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