V2 The Short Sale Process

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Information about V2 The Short Sale Process

Published on August 2, 2009

Author: russ1miami

Source: slideshare.net

Description

what is a short sale, why do lenders consider short sales, the short sale process, short sale documents, financial effects of a short sale, short sale case studies, short sale benefits and what we do

The Short Sale Process and What We Do Real Estate Solutions of South Florida, Inc. 1-866-412-5269 [email_address] Presented By: Russell Irizarry Short Sale Specialist Miami-Dade County, FL www.ShortSaleClinic.com

Disclaimer The content in this presentation is based upon our research, knowledge and experience. In no way is any information contained herein to be interpreted as legal or tax advice. To be assured of sound legal advice with regards to foreclosure, real estate, bankruptcy or agency laws, please employ the use of a competent legal or tax professional and/or your real estate broker. Please consult your broker, accountant and attorney, as appropriate, for advice specific to your situation. Although every effort is made to keep this presentation current and relevant, it is your responsibility to seek guidance from qualified professionals in order to keep up with rapidly changing market conditions and periodic changes to the law. Real Estate Solutions of South Florida, Inc. 1-866-412-5269 [email_address]

Who We Are We are professional Loss Mitigators and Investors. Negotiating Short Sales is what we do full time, exclusively. Company President is a former CPA with full time residential real estate since 1998 Involved in over 250+ real estate transactions ranging from $100,000 to $1M+ Our Goal is to create a Win – Win for all parties. The homeowner always comes first. We are an ‘A’ rated company listed with the Better Business Bureau.

We are professional Loss Mitigators and Investors. Negotiating Short Sales is what we do full time, exclusively. Company President is a former CPA with full time residential real estate since 1998

Involved in over 250+ real estate transactions ranging from $100,000 to $1M+

Our Goal is to create a Win – Win for all parties. The homeowner always comes first.

We are an ‘A’ rated company listed with the Better Business Bureau.

What is a Short Sale? A Short Sale occurs when the proceeds of a real estate sale fall short of the mortgage balance owed on the property.

A Short Sale occurs when the proceeds of a real estate sale fall short of the mortgage balance owed on the property.

What is a Short Sale? A Short Sale occurs when the proceeds of a real estate sale fall short of the mortgage balance owed on the property. In 2008, Short Sales accounted for about 11% of U.S. homes sales.

A Short Sale occurs when the proceeds of a real estate sale fall short of the mortgage balance owed on the property.

In 2008, Short Sales accounted for about 11% of U.S. homes sales.

What is a Short Sale? A Short Sale occurs when the proceeds of a real estate sale fall short of the mortgage balance owed on the property. In 2008, Short Sales accounted for about 11% of U.S. homes sales. In Miami-Dade county, Short Sales make up about 36%* of all homes on the market.

A Short Sale occurs when the proceeds of a real estate sale fall short of the mortgage balance owed on the property.

In 2008, Short Sales accounted for about 11% of U.S. homes sales.

In Miami-Dade county, Short Sales make up about 36%* of all homes on the market.

What is a Short Sale? A Short Sale occurs when the proceeds of a real estate sale fall short of the mortgage balance owed on the property. In 2008, Short Sales accounted for about 11% of U.S. homes sales. In Miami-Dade county, Short Sales make up about 36%* of all homes on the market. In Miami-Dade county over 1,600 Short Sales have closed successfully in 4 th Qtr 2008, and 1 st Qtr 2009.* Those homeowners avoided foreclosure. * source: Southeast Florida MLS

A Short Sale occurs when the proceeds of a real estate sale fall short of the mortgage balance owed on the property.

In 2008, Short Sales accounted for about 11% of U.S. homes sales.

In Miami-Dade county, Short Sales make up about 36%* of all homes on the market.

In Miami-Dade county over 1,600 Short Sales have closed successfully in 4 th Qtr 2008, and 1 st Qtr 2009.* Those homeowners avoided foreclosure.

* source: Southeast Florida MLS

What is a Short Sale? Two conditions must exist for the lender to consider a Short Sale: 1. There must be little or no equity in the property. 2. Homeowner must prove a legitimate hardship.

Why do Lenders Consider Short Sales? Lenders are in the business of making loans, not owning real estate.

Lenders are in the business of making loans, not owning real estate.

Why do Lenders Consider Short Sales? Lenders are in the business of making loans, not owning real estate. If the lender forecloses, the value of the loan increases their liabilities, reduces their ability to make loans, and contributes to their insolvency.

Lenders are in the business of making loans, not owning real estate.

If the lender forecloses, the value of the loan increases their liabilities, reduces their ability to make loans, and contributes to their insolvency.

Why do Lenders Consider Short Sales? Lenders are in the business of making loans, not owning real estate If the lender forecloses, the value of the loan increases their liabilities, reduces their ability to make loans, and contributes to their insolvency. Foreclosures cost lenders time and money. An estimated $60,000+ cost to foreclose.

Lenders are in the business of making loans, not owning real estate

If the lender forecloses, the value of the loan increases their liabilities, reduces their ability to make loans, and contributes to their insolvency.

Foreclosures cost lenders time and money. An estimated $60,000+ cost to foreclose.

The Short Sale offer is equal to or less than what a lender can expect to lose by foreclosing and selling the property (especially in a market where prices are depreciating). Why do Lenders Consider Short Sales?

The Short Sale offer is equal to or less than what a lender can expect to lose by foreclosing and selling the property (especially in a market where prices are depreciating).

The Short Sale offer is equal to or less than what a lender can expect to lose by foreclosing and selling the property (especially in a market where prices are depreciating) Property is in less “sellable condition” at time of foreclosure Lenders created the Short Sale option as an alternative to foreclosure Why do Lenders Consider Short Sales?

The Short Sale offer is equal to or less than what a lender can expect to lose by foreclosing and selling the property (especially in a market where prices are depreciating)

Property is in less “sellable condition” at time of foreclosure

Lenders created the Short Sale option as an alternative to foreclosure

The Short Sale Process Step 1 – Market the property

Step 1 – Market the property

The Short Sale Process Step 1 – Market the property Step 2 – Find Buyer or Investor (we are investor)

The Short Sale Process Step 1 – Market the property Step 2 – Find Buyer or Investor (we are investor) Step 3 – Sign contract with Buyer or Investor

The Short Sale Process Step 1 – Market the property Step 2 – Find Buyer or Investor (we are investor) Step 3 – Sign contract with Buyer or Investor Step 4 – Compile required homeowner docs, and submit ‘Short Sale Package’ to lender’s Loss Mitigation Department (what we do)

The Short Sale Process Step 1 – Market the property Step 2 – Find Buyer or Investor (we are investor) Step 3 – Sign contract with Buyer or Investor Step 4 – Compile required homeowner docs, and submit ‘Short Sale Package’ to lender’s Loss Mitigation Department (what we do) Step 5 – Bank orders appraisal or BPO (broker price opinion)

Step 1 – Market the property Step 2 – Find Buyer or Investor (we are investor) Step 3 – Sign contract with Buyer or Investor Step 4 – Compile required homeowner docs, and submit ‘Short Sale Package’ to lender’s Loss Mitigation Department (what we do) Step 5 – Bank orders appraisal or BPO (broker price opinion) to determine value of property Step 6 – Bank decision within 60 – 120 days, based on value of appraisal or BPO The Short Sale Process

The Seller’s Lender will require the following documentation from the Seller to consider the Short Sale: Purchase and Sale Agreement Hardship Letter Authorization to Release Information HUD1 Listing Agreement Financial Statement 2 most recent Bank Statements 2 most recent Federal Tax Returns 2 most recent pay-stubs What Documents Are Required?

Purchase and Sale Agreement

Hardship Letter

Authorization to Release Information

HUD1

Listing Agreement

Financial Statement

2 most recent Bank Statements

2 most recent Federal Tax Returns

2 most recent pay-stubs

Financial Effects of Short Sale Affects credit ‘FICO’ score downward by 100-200 points. However, will show as ‘account settled’ on credit report. Compare to a Foreclosure which can affect credit score by 200-300 points.

Affects credit ‘FICO’ score downward by 100-200 points. However, will show as ‘account settled’ on credit report. Compare to a Foreclosure which can affect credit score by 200-300 points.

Financial Effects of Short Sale Affects credit ‘FICO’ score downward by 100-200 points. However, will show as ‘account settled’ on credit report. Compare to a Foreclosure which can affect credit score by 200-300 points. Deficiency Judgment – Risk that the bank can pursue a judgment for the shortage (difference b/w total mortgage owed and sale amount). However, if there is no money to be recovered a deficiency judgment may not be enforced.

Affects credit ‘FICO’ score downward by 100-200 points. However, will show as ‘account settled’ on credit report. Compare to a Foreclosure which can affect credit score by 200-300 points.

Deficiency Judgment – Risk that the bank can pursue a judgment for the shortage (difference b/w total mortgage owed and sale amount). However, if there is no money to be recovered a deficiency judgment may not be enforced.

Financial Effects of Short Sale Affects credit ‘FICO’ score downward by 100-200 points. However, will show as ‘account settled’ on credit report. Compare to a Foreclosure which can affect credit score by 200-300 points. Deficiency Judgment – Risk that the bank can pursue a judgment for the shortage (difference b/w total mortgage owed and sale amount). However, if there is no money to be recovered a deficiency judgment may not be enforced. We will negotiate for a ‘full satisfaction’ of lien versus a ‘release’ of lien.

Affects credit ‘FICO’ score downward by 100-200 points. However, will show as ‘account settled’ on credit report. Compare to a Foreclosure which can affect credit score by 200-300 points.

Deficiency Judgment – Risk that the bank can pursue a judgment for the shortage (difference b/w total mortgage owed and sale amount). However, if there is no money to be recovered a deficiency judgment may not be enforced.

We will negotiate for a ‘full satisfaction’ of lien versus a ‘release’ of lien.

Financial Effects of Short Sale Deficiency Judgment (continued) NOTE: In the state of Florida, certain assets are protected from a deficiency judgment. These include your homestead (primary residence), life insurance policies and annuity contracts, pension and profit sharing plans, IRAs, disability income and prepaid college plans. (see your local attorney for details, do your own research)

Deficiency Judgment (continued)

NOTE: In the state of Florida, certain assets are protected from a deficiency judgment. These include your homestead (primary residence), life insurance policies and annuity contracts, pension and profit sharing plans, IRAs, disability income and prepaid college plans. (see your local attorney for details, do your own research)

Financial Effects of Short Sale Deficiency Judgment (continued) NOTE: In the state of Florida, certain assets are protected from a deficiency judgment. These include your homestead (primary residence), life insurance policies and annuity contracts, pension and profit sharing plans, IRAs, disability income and prepaid college plans. (see your local attorney for details, do your own research) One of the things we ask for when negotiating a Short Sale is a full ‘Satisfaction of Lien’ or that the lender waive its right to pursue a deficiency

Deficiency Judgment (continued)

NOTE: In the state of Florida, certain assets are protected from a deficiency judgment. These include your homestead (primary residence), life insurance policies and annuity contracts, pension and profit sharing plans, IRAs, disability income and prepaid college plans. (see your local attorney for details, do your own research)

One of the things we ask for when negotiating a Short Sale is a full ‘Satisfaction of Lien’ or that the lender waive its right to pursue a deficiency

Financial Effects of Short Sale Bank will most likely issue 1099 for amount of debt forgiven. Example: Mortgage balance: $450,000 Approved Short Sale payoff: $300,000 Shortage/Deficiency: <$150,000> In this example, the bank may send the seller a 1099C showing $150,000 as income. Debt relief = income to seller. However…..

Bank will most likely issue 1099 for amount of debt forgiven.

Example:

Mortgage balance: $450,000

Approved Short Sale payoff: $300,000

Shortage/Deficiency: <$150,000>

In this example, the bank may send the seller a 1099C showing $150,000 as income. Debt relief = income to seller.

However…..

Financial Effects of Short Sale In 2007, Congress passed the “ Mortgage Forgiveness Debt Relief Act of 2007 ” which eliminates taxation on debt forgiveness on owner-occupied homes. Applies to debt forgiven between 2007 and 2012. So in the above example, if the bank sends you a 1099 for $150,000, you would not have to pay income tax on it if the property was your primary residence. (see your accountant for details, do your own research)

In 2007, Congress passed the “ Mortgage Forgiveness Debt Relief Act of 2007 ” which eliminates taxation on debt forgiveness on owner-occupied homes. Applies to debt forgiven between 2007 and 2012.

So in the above example, if the bank sends you a 1099 for $150,000, you would not have to pay income tax on it if the property was your primary residence. (see your accountant for details, do your own research)

Short Sale Case Study 1 22161 SW 94 Ave Cutler Bay, FL 33190 Lien Amount Negotiated Payoff 1 st Mortgage (Saxon) $519,750 $215,990

Saxon Mortgage Short Sale payoff approval letter

21470 SW 86 Pl Miami, FL 33189 Lien Amount Negotiated Payoff 1 st Mortgage (WaMu) $198,000 $128,900 2 nd Mortgage (WaMu) $49,000 $ 2,000 $247,000 $130,900 Short Sale Case Study 2 Totals

Washington Mutual Short Sale payoff approval letter for 1 st and 2 nd mortgages

4737 SW 135 Pl Miami, FL 33175 Lien Amount Negotiated Payoff 1 st Mortgage (Saxon) $212,000 $164,808 2 nd Mortgage $ 53,000 $ 4,800 $265,000 $169,608 (Loan Resolution Corp) Short Sale Case Study 3 Totals

Saxon Mortgage 1 st Mortgage Short Sale payoff approval letter

Loan Resolution Corp 2 nd Mortgage Short Sale payoff approval letter

22101 SW 92 Pl Cutler Bay, FL 33190 Lien Amount Negotiated Payoff 1 st Mortgage (GMAC) $213,800 $100,290 2 nd Mortgage (EMC) $26,000 $ 4,000 $239,800 $104,290 Short Sale Case Study 4 Totals

GMAC Mortgage 1 st Mortgage Short Sale payoff approval letter

EMC Mortgage 2nd Mortgage Short Sale payoff approval letter

Short Sale Benefits Sellers gets home sold, removes a major burden, and allows them to move on with their lives.

Sellers gets home sold, removes a major burden, and allows them to move on with their lives.

Short Sale Benefits Sellers gets home sold, removes a major burden, and allows them to move on with their lives. Credit ratings are not as ruined as compared to a Deed-In-Lieu, or a Foreclosure Action. Sellers can regain their financial stability much sooner, and qualify for a new mortgage easier and quicker at some time in the future. Credit will ‘heal’ faster.

Sellers gets home sold, removes a major burden, and allows them to move on with their lives.

Credit ratings are not as ruined as compared to a Deed-In-Lieu, or a Foreclosure Action. Sellers can regain their financial stability much sooner, and qualify for a new mortgage easier and quicker at some time in the future. Credit will ‘heal’ faster.

Short Sale Benefits Sellers gets home sold, removes a major burden, and allows them to move on with their lives. Credit ratings are not as ruined as compared to a Deed-In-Lieu, or a Foreclosure Action. Sellers can regain their financial stability much sooner, and qualify for a new mortgage easier and quicker at some time in the future. Credit will ‘heal’ faster. Short Sale can be negotiated so there is no deficiency judgment. Mortgage lien will be satisfied (per lender’s approval).

Sellers gets home sold, removes a major burden, and allows them to move on with their lives.

Credit ratings are not as ruined as compared to a Deed-In-Lieu, or a Foreclosure Action. Sellers can regain their financial stability much sooner, and qualify for a new mortgage easier and quicker at some time in the future. Credit will ‘heal’ faster.

Short Sale can be negotiated so there is no deficiency judgment. Mortgage lien will be satisfied (per lender’s approval).

Short Sale Benefits Sellers have a greater sense of personal dignity by having their home sold, versus losing the property to foreclosure.

Sellers have a greater sense of personal dignity by having their home sold, versus losing the property to foreclosure.

Short Sale Benefits Sellers have a greater sense of personal dignity by having their home sold, versus losing the property to foreclosure. The 1099-C received by the sellers for the amount of debt relieved by the lender is non-taxable if the home is their primary residence. The Mortgage Forgiveness Debt Relief Act of 2007 eliminates taxation on debit forgiveness if the residence was owner-occupied. (See your accountant for details.)

Sellers have a greater sense of personal dignity by having their home sold, versus losing the property to foreclosure.

The 1099-C received by the sellers for the amount of debt relieved by the lender is non-taxable if the home is their primary residence. The Mortgage Forgiveness Debt Relief Act of 2007 eliminates taxation on debit forgiveness if the residence was owner-occupied. (See your accountant for details.)

Short Sale Benefits Sellers have a greater sense of personal dignity by having their home sold, versus losing the property to foreclosure. The 1099-C received by the sellers for the amount of debt relieved by the lender is non-taxable if the home is their primary residence. The Mortgage Forgiveness Debt Relief Act of 2007 eliminates taxation on debit forgiveness if the residence was owner-occupied. (See your accountant for details.) Per Fannie Mae guidelines, you can be eligible for a new home mortgage only after 2 years, versus 5 years with a Foreclosure

Sellers have a greater sense of personal dignity by having their home sold, versus losing the property to foreclosure.

The 1099-C received by the sellers for the amount of debt relieved by the lender is non-taxable if the home is their primary residence. The Mortgage Forgiveness Debt Relief Act of 2007 eliminates taxation on debit forgiveness if the residence was owner-occupied. (See your accountant for details.)

Per Fannie Mae guidelines, you can be eligible for a new home mortgage only after 2 years, versus 5 years with a Foreclosure

What We Do Initial phone consultation with you to make sure you’ve explored all of your options (ie. loan mod)

Initial phone consultation with you to make sure you’ve explored all of your options (ie. loan mod)

What We Do Initial phone consultation with you to make sure you’ve explored all of your options (ie. loan mod) Set an appointment with you to discuss the Short Sale process in detail. We take care of all of the paperwork.

Initial phone consultation with you to make sure you’ve explored all of your options (ie. loan mod)

Set an appointment with you to discuss the Short Sale process in detail. We take care of all of the paperwork.

What We Do Initial phone consultation with you to make sure you’ve explored all of your options (ie. loan mod) Set an appointment with you to discuss the Short Sale process in detail. We take care of all of the paperwork. We submit a cash purchase offer to the lender(s) with a completed Short Sale package.

Initial phone consultation with you to make sure you’ve explored all of your options (ie. loan mod)

Set an appointment with you to discuss the Short Sale process in detail. We take care of all of the paperwork.

We submit a cash purchase offer to the lender(s) with a completed Short Sale package.

What We Do Initial phone consultation with you to make sure you’ve explored all of your options (ie. loan mod) Set an appointment with you to discuss the Short Sale process in detail. We take care of all of the paperwork. We submit a cash purchase offer to the lender(s) with a completed Short Sale package. We negotiate a settlement with your lender(s)

Initial phone consultation with you to make sure you’ve explored all of your options (ie. loan mod)

Set an appointment with you to discuss the Short Sale process in detail. We take care of all of the paperwork.

We submit a cash purchase offer to the lender(s) with a completed Short Sale package.

We negotiate a settlement with your lender(s)

What We Do Initial phone consultation with you to make sure you’ve explored all of your options (ie. loan mod) Set an appointment with you to discuss the Short Sale process in detail. We take care of all of the paperwork. We submit a cash purchase offer to the lender(s) with a completed Short Sale package. We negotiate a settlement with your lender(s) We continue to market the property and secure a buyer while we are negotiating. You cooperate by making the house available to show.

Initial phone consultation with you to make sure you’ve explored all of your options (ie. loan mod)

Set an appointment with you to discuss the Short Sale process in detail. We take care of all of the paperwork.

We submit a cash purchase offer to the lender(s) with a completed Short Sale package.

We negotiate a settlement with your lender(s)

We continue to market the property and secure a buyer while we are negotiating. You cooperate by making the house available to show.

What We Do Initial phone consultation with you to make sure you’ve explored all of your options (ie. loan mod) Set an appointment with you to discuss the Short Sale process in detail. We take care of all of the paperwork. We submit a cash purchase offer to the lender(s) with a completed Short Sale package. We negotiate a settlement with your lender(s) We continue to market the property and secure a buyer while we are negotiating. You cooperate by making the house available to show. We pay off lender(s) and close with the end buyer.

Initial phone consultation with you to make sure you’ve explored all of your options (ie. loan mod)

Set an appointment with you to discuss the Short Sale process in detail. We take care of all of the paperwork.

We submit a cash purchase offer to the lender(s) with a completed Short Sale package.

We negotiate a settlement with your lender(s)

We continue to market the property and secure a buyer while we are negotiating. You cooperate by making the house available to show.

We pay off lender(s) and close with the end buyer.

Why Work With Us? You get an immediate cash purchase offer on the property allowing us to get the Short Sale started NOW

You get an immediate cash purchase offer on the property allowing us to get the Short Sale started NOW

Why Work With Us? You get an immediate cash purchase offer on the property allowing us to get the Short Sale started NOW. Short Sales are our specialty. We work Short Sales exclusively, and full-time.

You get an immediate cash purchase offer on the property allowing us to get the Short Sale started NOW.

Short Sales are our specialty. We work Short Sales exclusively, and full-time.

Why Work With Us? You get an immediate cash purchase offer on the property allowing us to get the Short Sale started NOW Short Sales are our specialty. We work Short Sales exclusively, and full-time. WE DON’T CHARGE ANY FEES, AND YOU DON’T PAY ANY COMMISSIONS .

You get an immediate cash purchase offer on the property allowing us to get the Short Sale started NOW

Short Sales are our specialty. We work Short Sales exclusively, and full-time.

WE DON’T CHARGE ANY FEES, AND YOU DON’T PAY ANY COMMISSIONS .

Why Work With Us? You get an immediate cash purchase offer on the property allowing us to get the Short Sale started NOW Short Sales are our specialty. We work Short Sales exclusively, and full-time. WE DON’T CHARGE ANY FEES, AND YOU DON’T PAY ANY COMMISSIONS . We are a local company, located in Miami-Dade County, FL

You get an immediate cash purchase offer on the property allowing us to get the Short Sale started NOW

Short Sales are our specialty. We work Short Sales exclusively, and full-time.

WE DON’T CHARGE ANY FEES, AND YOU DON’T PAY ANY COMMISSIONS .

We are a local company, located in Miami-Dade County, FL

Why Work With Us? You get an immediate cash purchase offer on the property allowing us to get the Short Sale started NOW Short Sales are our specialty. We work Short Sales exclusively, and full-time. WE DON’T CHARGE ANY FEES, AND YOU DON’T PAY ANY COMMISSIONS . We are a local company, located in Miami-Dade County, FL We are an ‘A’ rated company with the Better Business Bureau

You get an immediate cash purchase offer on the property allowing us to get the Short Sale started NOW

Short Sales are our specialty. We work Short Sales exclusively, and full-time.

WE DON’T CHARGE ANY FEES, AND YOU DON’T PAY ANY COMMISSIONS .

We are a local company, located in Miami-Dade County, FL

We are an ‘A’ rated company with the Better Business Bureau

Our Goal is to create a WIN-WIN-WIN for all parties involved: Homeowner – Avoids Foreclosure! Lender – Gets a bad loan off their books! Buyer – Gets a home they want at a great price! Buyer’s lender – creates a new performing loan! Realtors – get paid $$ on the sale! Neighborhood – avoids a vacant house! Economy – stimulated by all of the above!!! Why Work With Us?

Our Goal is to create a WIN-WIN-WIN for all parties involved:

Homeowner – Avoids Foreclosure!

Lender – Gets a bad loan off their books!

Buyer – Gets a home they want at a great price!

Buyer’s lender – creates a new performing loan!

Realtors – get paid $$ on the sale!

Neighborhood – avoids a vacant house!

Economy – stimulated by all of the above!!!

How Do We Get Paid? We purchase the property for the negotiated debt from all lien holders and then sell the property to an end-buyer for a higher price. We earn our money upon the resale of the house, or by receiving a commission by the lender.

We purchase the property for the negotiated debt from all lien holders and then sell the property to an end-buyer for a higher price.

We earn our money upon the resale of the house, or by receiving a commission by the lender.

Real Estate Solutions of South Florida, Inc. 1-866-412-5269 [email_address] Real Estate Solutions of South Florida, Inc. 1-866-412-5269 [email_address] End of Part II Also see the following videos on the Short Sale process: Part I – The Foreclosure Process and Homeowner Options Part III - Short Sales Frequently Asked Questions Contact Us today to discuss your options and for further information on the Short Sale Process www.ShortSaleClinic.com

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