What is a Short Sale?
Many people are still unsure about what is a short sale. Due to the crash in house prices, most homes in south Florida are now only worth 40- 60% of what they were at the peak, and 25-30% of homeowners who have a mortgage now owe more than their home is worth. Add to this, the problems of adjustable rate mortgages (where payments jump up year after year), the unemployment crisis and numerous other factors that affect people’s incomes, it is impossible for a huge percentage of homeowners to be able to sell their home and pay off the bank. Banks realise this and therefore have to do a short sale in order to reduce their losses.
So, what is a short sale? A short sale is another way of getting rid of a non-performing loan. Instead of foreclosing on a homeowner, taking a property back and trying to sell it as an REO, the lender will allow the home owner to sell the property for less than is owed.
The next question is what happens to the balance of the money owed? The lender can pursue a deficiency, ask the homeowner to sign a promissory note or give the homeowner a deficiency waiver. With a deficiency waiver, the homeowner does not have to pay back anything. This is what your real estate agent should be negotiating for.
Will you receive a 1099 for the amount forgiven? If it is your principal residence, and your short sale closes before the end of 2012, the answer will generally be NO. Read the article on the IRS website.
What is a short sale benefit? The homeowner avoids foreclosure with all the negative consequences that brings and they actually have a sale.
What is another short sale benefit? In most cases, the homeowner walks away owing the bank nothing.
When asking what a short sale is, consider that a short sale also helps the community because it is not left with a vacant house for months or years that gets damaged and overgrown and eventually sold for less by the bank.
To qualify for a short sale, you must be behind in your mortgage payments, provide evidence of financial hardship, and have little or no equity in the property.
Although it is now represents a significant percentage of home sales in south Florida, a short sale is not a simple real estate transaction. Not only are there more parties involved than in a normal sale, but there is a lot of negotiation involved in order to get the short sale approved and also to get a deficiency waiver so you can walk away owing the bank nothing. Thus, it is not enough to ask, What is a short sale?" You also have to find an experienced real estate agent who has been successfully negotiating short sales.
To get more information about short sales, or to contact us, click here.

