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Anyone been through a Short Sale?

Dr. FrenchensteinDr. Frenchenstein Registered User regular
Has anyone been through a short sale of a more strategic nature? usually these require a hardship of some sort, which i don't think i've technically been through. some would consider owning this house at all a hardship, but i don't think the bank would. anyway, i'm not sure what i want to do next. i want out of this place but since i don't have $25-40k lying around my options are basically short sale, foreclosure, or keep it and live in it/rent it. i'd prefer the short sale, because i want to be done with it. has anyone done this? did it totally ruin your credit? I'm getting married in the next year, should i make the decision before that happens?

Posts

  • bowenbowen Sup? Registered User regular
    All the short sales I've known through friends and family have all taken 1+ years to accomplish.

    If the home is worth less than your mortgage, you would qualify for the hardship.

    If not, well, then you sell it as a normal house then?

    not a doctor, not a lawyer, examples I use may not be fully researched so don't take out of context plz, don't @ me
  • Dr. FrenchensteinDr. Frenchenstein Registered User regular
    oh i would be out cash for sure if i tried to sell it straight up. how does it work over that year, do you still pay the mortgage on it while you are waiting?

    I thought i read that just being underwater does not qualify you for a hardship... i could be wrong.

  • JasconiusJasconius sword criminal mad onlineRegistered User regular
    shedding a mortgage is very very hard. it's not like a car where you can just roll the negative equity into a new house in a single contract. I don't see a conventional way of accomplishing this. I assume your core issue with the house is not financial (I mean, you're not leaving it *because* you're under water, you're leaving it because you don't like it)... otherwise I would say check into the government underwater assistance programs

    Not sure the total value of your house, but home values can be subjective. How confident are you in the assessed value of your home? Have you had an appraiser come in recently? Zillow can be right but it can also be wrong. It was definitely wrong for my house when I bought it.

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  • KyouguKyougu Registered User regular
    oh i would be out cash for sure if i tried to sell it straight up. how does it work over that year, do you still pay the mortgage on it while you are waiting?

    I thought i read that just being underwater does not qualify you for a hardship... i could be wrong.

    I used to work tangebly with SS. Not an expert by any means but I can tell you that the process is loooooooong.

    This is mainly because there's going to be tons of back and forth between you/realtor and the bank about how much the home should actually be sold at.

  • bowenbowen Sup? Registered User regular
    oh i would be out cash for sure if i tried to sell it straight up. how does it work over that year, do you still pay the mortgage on it while you are waiting?

    I thought i read that just being underwater does not qualify you for a hardship... i could be wrong.

    Yeah you keep paying as normal.

    But generally the underwater part of the short sale means you can't afford it, and you're not going to be able to keep affording it.

    You might be better off with a foreclosure. Is your loan no-recourse?

    You'll take a hit to your credit, of course.

    not a doctor, not a lawyer, examples I use may not be fully researched so don't take out of context plz, don't @ me
  • Inquisitor77Inquisitor77 2 x Penny Arcade Fight Club Champion A fixed point in space and timeRegistered User regular
    This is very, very dependent upon where the house is, who your lender is, where the loan actually ended up, local precedent regarding short sales/foreclosures/etc., the quality of your lawyer, what the market is like for your house, and how much you're willing to dig in and see it through. Among other factors.

    Find a lawyer with a history of actually seeing these through to the end (get references - a lot of them). Ask that person instead of us.

    The problem with short sales is that everyone except for you has an incentive to drag out the process for as long as possible while doing the minimal amount of work required to keep it going. Including your own lawyer. So you really need to find legitimate, honest representation with a proven track record. Otherwise, you'll find plenty of lawyers who are happy to muddle through the process and then throw their hands up a year later with nothing to show except billable hours and an apology.

  • JebusUDJebusUD Adventure! Candy IslandRegistered User regular
    I understand deed in lieu is another option, though I don't know much about it. You might want to look into it.

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  • ThundyrkatzThundyrkatz Registered User regular
    I can tell you that when my wife & I tried to buy a house that was a short sale, it was a nightmare. We were willing to accept the asking price and after 3 months of going back and forth with the bank on accepting our offer of their asking price we backed out.

    In the end it took over a year more before the house finally sold to another party that got the house for less then our asking price!

  • Great ScottGreat Scott King of Wishful Thinking Paragon City, RIRegistered User regular
    edited March 2015
    In order to even get a "short" sale off the ground, you need a buyer and a quoted price that the mortgage holder would be willing to accept.

    It's simpler (for everyone) to try for a normal sale and see if it can sell, first. In most cases that's a required first step for a short sale process. In my experience some of the selling costs can be pushed onto the buyer (depending on a lot of things, but it certainly happens).

    Have you talked with anyone local in the real estate business? A lot of the details are going to depend on both where the house is and who the mortgage holder is.

    Great Scott on
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  • XaquinXaquin Right behind you!Registered User regular
    bowen wrote: »
    All the short sales I've known through friends and family have all taken 1+ years to accomplish.

    If the home is worth less than your mortgage, you would qualify for the hardship.

    If not, well, then you sell it as a normal house then?

    not unless your bank is awesome

    for example, my house is valued at one half of what I owe on it, and one third of what the purchase price was. I tried to get a hardship refinance through PNC because at the time I was paying for a lawyer (divorce), child care (son was not yet old enough for school), and a car payment (ex wife didn't take it over). Add to the fact that I haven't worked a full 40 hour week since 2009 and I'm broke.

    PNC laughed in my face and told me to go fuck myself.

  • GanluanGanluan Registered User regular
    As mentioned above though, depending on the state/mortgage/ another option is foreclosure. We did this back in 2009 when our house was severely underwater and while my credit took a massive hit, we live in a no-recourse state so the debt was essentially eliminated instantly. My credit score has since recovered and we bought another house in 2013.

    I can provide more info on the foreclosure process if you're interested, I did it without a lawyer but did a shitload of research on my own, which may or may not have been a good idea.

  • DraygoDraygo Registered User regular
    Do you want to share a little about your financial situation? No exact figures needed but:

    Are you capable of continuing to pay the mortgage even if its hard to do?

    Short sales do take a long time, even when you get an offer in it might take the bank 1-3 months before it hands down a final approval.

    Also you mentioned that you are getting married, can you afford to take a credit hit right now?

  • HawkstoneHawkstone Registered User regular
    another not fun option that I had to go through is bankruptcy with a surrender of the house. We had bought a home with an underground heating oil tank that we were not really aware of. Six months in the neighbor dug up his basement floor found oil, and by oil I mean about a tea spoon full next to the tank he had in his own basement, and sued us for $250,000 for endangering his family. We were informed by our lawyer that we would lose as basically insurance wont cover it and the EPA considers these tanks smoking guns. So in order to protect from the lawsuit we declared bankruptcy and surrendered the house. We got to walk from all that but we had to pay off the rest of our debt including student loans in 4 years and we demolished our credit, but we didn't owe a sent for the house or the lawsuit.

    I am not saying I recommend this method as you didn't elaborate on your situation...but if it is bad enough you can surrender a house this way and walk away owing nothing on it, just be prepared for the fall out.

    Inside of a dog...it's too dark to read.
  • DarkewolfeDarkewolfe Registered User regular
    Hawkstone wrote: »
    another not fun option that I had to go through is bankruptcy with a surrender of the house. We had bought a home with an underground heating oil tank that we were not really aware of. Six months in the neighbor dug up his basement floor found oil, and by oil I mean about a tea spoon full next to the tank he had in his own basement, and sued us for $250,000 for endangering his family. We were informed by our lawyer that we would lose as basically insurance wont cover it and the EPA considers these tanks smoking guns. So in order to protect from the lawsuit we declared bankruptcy and surrendered the house. We got to walk from all that but we had to pay off the rest of our debt including student loans in 4 years and we demolished our credit, but we didn't owe a sent for the house or the lawsuit.

    I am not saying I recommend this method as you didn't elaborate on your situation...but if it is bad enough you can surrender a house this way and walk away owing nothing on it, just be prepared for the fall out.

    Jesus Christ.

    What is this I don't even.
  • 3lwap03lwap0 Registered User regular
    Has anyone been through a short sale of a more strategic nature? usually these require a hardship of some sort, which i don't think i've technically been through. some would consider owning this house at all a hardship, but i don't think the bank would. anyway, i'm not sure what i want to do next. i want out of this place but since i don't have $25-40k lying around my options are basically short sale, foreclosure, or keep it and live in it/rent it. i'd prefer the short sale, because i want to be done with it. has anyone done this? did it totally ruin your credit? I'm getting married in the next year, should i make the decision before that happens?

    The bank is always the problem on a short sale. They have to approve the selling of the home - because they'll take the hit if it sells less than what it's financed for. You can't dump the risk on them and expect to walk away clean.

    First, even if you do a short sale, the bank as the lender has every right to see if you can make up the difference to them in value lost. Nothing is off the table - 401k's, savings, etc., - everything that's an asset. Second, assuming the bank doesn't go after assets (because you don't have any), and they agree to the sale, your credit takes a hit. It's a big hit. It's essentially a quasi-foreclosure, because you as the customer are not paying the agreed to amount to the bank. I guess to those guys they don't really view'em much different, and were I in there shoes, I guess I could see it that way.

    The real question(s) is this: Do you want out because you don't like the place anymore? Or do you want out because you can't afford it anymore? If you can afford it, keep it. Rent it out. The credit hit can be brutal on your interest rates going forward, and could cost you dearly. It's fixable, but keep in mind, it stays on your credit report for 7 years. Walking out on the loan because 'you don't want it anymore', isn't..well. I'd say say it's fairly irresponsible, but it's your life and credit my man - do what you will.

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