

Welcome to Your Keys to Paradise and everything
you need to know about Lower Florida Keys Short Sales and Foreclosures.
Basics of a Short Sale
Short sales happen when a lender agrees to accept less than the amount
owed against the home because there is not enough equity to sell
and pay all costs of sale. Not all lenders will negotiate a short
sale, and that is why a real estate agent or a lawyer can be a tremendous
help by contacting the lender's loss mitigation department to find
out.
You can't just wake up one morning and decide you're going to sell
your home at a loss by asking for a short sale. It used to be that
lenders wouldn't even consider a short sale if your payments are current,
but that has changed. However, realize that lenders will be more agreeable
to negotiation if your payments are in arrears. Plus, if you have cash
assets, the lender might try to tap those accounts.
More Information
A short sale is a sale of real estate in which the proceeds from the
sale fall short of the balance owed on a loan secured by the property
sold. [1]
In a short sale, the bank or mortgage lender agrees to discount a loan
balance because of an economic or financial hardship on the part of
the mortgagor. This negotiation is all done through communication with
a bank's loss mitigation or workout department. The home owner/debtor
sells the mortgaged property for less than the outstanding balance
of the loan, and turns over the proceeds of the sale to the lender,
sometimes (but not always) in full satisfaction of the debt. In such
instances, the lender would have the right to approve or disapprove
of a proposed sale. Extenuating circumstances influence whether or
not banks will discount a loan balance. These circumstances are usually
related to the current real estate market and the borrower's financial
situation.
A short sale typically is executed to prevent a home foreclosure, but
the decision to proceed with a short sale is predicated on the most
economic way for the bank to recover the amount owed on the property.
Often a bank will allow a short sale if they believe that it will result
in a smaller financial loss than foreclosing as there are carrying
costs that are associated with a foreclosure. A bank will typically
determine the amount of equity (or lack thereof), by determining the
probable selling price from a Broker Price Opinion BPO (also known
as a Broker Opinion of Value (BOV)) or through a valuation of an appraisal.
For the home owner, advantages include avoidance of a foreclosure on
their credit history and partial control of the monetary deficiency.
A short sale is typically faster and less expensive than a foreclosure.
In short, a short sale is nothing more than negotiating with lien holders
a payoff for less than what they are owed, or rather a sale of a debt,
generally on a piece of real estate, short of the full debt amount.
It does not extinguish the remaining balance unless settlement is clearly
indicated on the acceptance of offer.
Short sales are common in standard business transactions in recognition
that creditors are not doing debtors a favor but, rather, engaging
in a business transaction when extending credit. When it makes no business
sense or is economically not feasible to retain an asset, businesses
default on their loans (called bonds). It is not uncommon for business
bonds to trade on the after-market for a small fraction of their face
value in realization of the likelihood of these future defaults.
http://en.wikipedia.org/wiki/Short_sale_(real_estate)