Short Sale vs. Foreclosure: What Are Your Options?

Let me give you a very common real estate scenario, one I have encountered more frequently in the past several years.

Mr. Seller paid $350,000 for his home in 2006. He now wants to sell his home because he [got relocated/got married/wife had their 4th child]. As a real estate agent, I now have the awkward responsibility of telling him his home is currently worth $315,000 in today's real estate market. He then tells me he owes $340,000 on his mortgage and that he doesn't have the cash to bring to closing and asks me what his options are.

If the above scenario sounds familiar, you're not alone. So, here are your options:

1. Bring enough money to closing to cover your remaining mortgage, plus closing costs. For example, you owe $340,000 on your mortgage but you can only sell your home for $310,000. You are responsible for the $30,000 difference, plus closing costs.

2. If #1 isn't an option, then you need to consider staying in your home until you are in a position to sell your home without bringing money to closing. Or, if you have to move you can choose to rent out your home until you're in a better financial position.

3. If neither of the above options sound good to you - you don't have much cash but you HAVE to sell your home and don't want to rent it out - then you need to consider a short sale. Meaning, you need to negotiate with your mortgage company and ask them to cover any shortage in paying off your mortgage after your home sells. Basically, this is like option #1, except you're asking the bank to cover the $30,000 shortage, plus your closing costs. This will negatively affect your credit, and most short sales are huge headaches and can take many months to close, but you will be able to move on to the next chapter in your life without taking a huge financial loss.

4. Just walk away. Many homeowners have chosen to simply walk away from their home and let go into foreclosure. This will negatively affect your credit more so than a short sale, but you won't have to deal with the headache of a short sale, or the ensuing months of paying a mortgage on a home you can no longer afford - or no longer want. This option is very attractive to the rich. e.g. 'Why keep paying on a home that is depleting my bank account and has lost over 50% of it's value since I bought it? Let the bank deal with that headache!' Having enough cash to get them through the next 7 years while their credit score recovers is also helpful.

Our real estate market will continue to force many people to choose between the scenarios I have outlined above. And every one's situation is going to be different. You need to decide what works best given your current financial situation. Talking openly and honestly with your real estate agent is the best advice I can give you. I make decisions based on the information my clients give me. If you tell me you're not in a hurry to sell and you're financially comfortable, then my advice will be much different than if you told me you needed to sell in the next 45 days or you will no longer be able to pay your mortgage, car payment, etc. Unfortunately, people tend to tell me the former, when the truth looks more like the latter.

Mortgage Interest Rates Will Increase on 1/12/2011

I just received the following email from a lender I work with very closely. This is yet another "Big Bank" move that penalizes many people, even if they have great credit. (And we all know how I feel about banks) While I don't particularly think this will have a huge negative impact on our real estate market, I certainly don't think it is going to help matters as we delve into 2011. So, if you've been shopping for a loan, and don't plan on putting down at least 25%, I highly recommend you call your lender immediately and lock-in your rate!

I wanted to send an urgent email advising that rates are essentially going up for all conventional loan clients tomorrow and this is not the result of daily market action. All lenders, including me, will be subject to the new rate structure on conventional loans.

Fannie Mae and Freddie Mac will institute new “risk based pricing” adjustments to rates essentially for all buyers who don’t put at least 25% down regardless of how high their credit scores are. (You read correctly.) The mortgage giants, which account for 75% of the mortgages in the United States, have leveled these “risk based pricing” adjustments in the guise of charging a premium to those that didn’t take care of their credit and “rewarding” those that did. The issue is they seem largely punitive in nature, even for A+ credit individuals. Additionally, anyone with less than a 740 credit score can expect to see the rate rise exponentially the closer the score is to 620. For example, a buyer with a 699 credit score would see a rate that is around .5% higher EVEN WITH 20% down!

The bottom line is the overwhelming majority of conventional home loan applicants will see their rates go up effective tomorrow, Wednesday, 1/12/11. Since rates are still at historic lows, the true effects of this won’t be as drastic. As the rates start to rise due to market forces, this could become a significant impediment to home purchases whereby otherwise qualified and ready homeowners are forced to rent. While no one will disagree that sensible lending practices from Fannie Mae and Freddie Mac must be utilized, there may come a time where we make our voices heard about the potential negative effects on our nations recovery as a result of this action.

Will A Second Wave Of Foreclosures Hamper Our "Recovering" Real Estate Market?

This is a great article from the Washing Post talking about the possibility there will be a huge onslaught of foreclosures coming down the real estate pipeline in the not so distant future. This second wave of foreclosures will most definitely ruin any chance of a real estate recovery. What is the likelihood of this happening in 2010? According to this article the numbers are pretty telling.

"Lenders are deluged by late-stage delinquencies. The pent-up foreclosure inventory is there," said Massoud Ahmadi, director of research for the Maryland Department of Housing and Community Development.

Also from the article,

In addition to those already in default are 11 million more U.S. borrowers who owe more on their mortgage than their home is worth -- known as being underwater -- and are in danger of becoming delinquent, said Sam Khater, chief economist for First American CoreLogic.

I briefly touched on this topic late last year and it sounds like I wasn't that far off. I feel like the government is trying to help stave off this impending second wave of foreclosures. But until the banks get their act together and help homeowners adjust their current mortgages and assist with shortsales I feel like we'll be dealing with the threat of foreclosures for a very long time. From the article,

"Banks have remained in foreclosure paralysis, allowing that backlog to get larger and larger. You can't do that indefinitely," said Sandeep Bordia, head of U.S. residential credit strategy at Barclays Capital.

I agree, but banks won't change unless someone forces them to change the way they're handling this crisis. Until then I guess we'll all just have to cross our fingers and hope for the best.

Short Sale Hell: Another Reason Why Banks Are Killing Our Economy

I'm currently negotiating a short sale with Bank of America. It's a joke. I also need to point out I've been involved in 10 successful short sales, so I know how these things work. Unfortunately, how each bank handles short sales is exactly why people are choosing to walk away from their homes and accept foreclosure - because it's less of a headache than talking to some $8.00/hour bank employee who could care less about your financial hardships.

This is good article explaining how banks are killing real estate values by not being able to work out short sales in lieu of foreclosing on the home. Here are some key points of the article.

[Short sales are] also a better option for banks: According to one analysis, short sales resulted in loan losses of only 19 percent, compared with an average loss of 40 percent on homes sold after foreclosure.

According to research firm Campbell Communications, only 23 percent of short sale transactions are actually completed. "Three out of four potential short sale transactions fail, principally because the mortgage servicer takes too long to respond to the offer," said Tom Popik, author of a February survey of real estate agents. "When these same properties are later sold it further depresses real estate prices."

Having spoken with these banks on behalf of my clients over the years I can tell you they are in no hurry to help anyone out of a tough spot. If your home is about to go into foreclosure and there is an offer on the table, they will not move faster to make the short sale happen.

Example, instead of the bank accepting $300,000 for a short sale, they take too long negotiating the offer and the home goes into foreclosure. The home sits vacant without utilities (or appliances) for months and deteriorates quickly. The home goes on the market as a foreclosure 3 to 6 months later and sells for $250,000 or less, which doesn't include the tens of thousands of dollars in attorney and processing fees paid by the bank. Smart financial decision on the bank's part, right?

And these "smart" bank folks are who we, US taxpayers, bailed out? *Scratches head*