If you're a struggling homeowner facing foreclosure and thinking about selling your home in a short sale, you'll need to decide whether you should hire an attorney or a real estate agent—or both—to help you work out the deal. You might want a lawyer's assistance so you can, for example, obtain legal advice about your personal liability after the short sale and make sure you fully understand the contents of the short sale documents.
In a short sale, the lender agrees to let you sell the property for less than what you owe on the loan and to accept the proceeds in exchange for releasing the mortgage lien.
Example. You owe $200,000 on your house and you find a buyer willing to purchase it for $150,000. In a short sale, the lender would agree to accept the $150,000 to release the mortgage, even though it is "short" of the total amount owed. Short sales are one way for homeowners who are behind in mortgage payments to avoid a foreclosure.
The purpose of a Short Sale is to stop the foreclosure on a property when a default has occurred. Properly negotiated, the Short Sale can also prevent a lawsuit against the homeowner for the deficiency on the loan. The first objective of a short sale is for the chosen real estate professional to procure an acceptable offer for the purchase of the property in question. An acceptable offer will be in line with fair market value for comparable properties.
We can assist throughout the lengthy process and offer relocation services if needed.
Are you having difficulty paying debt or meeting other financial obligations? If so, then you are likely having difficulty with your mortgage as well.
As an experienced local foreclosure defense attorney in Massachusetts, Chris Murray has assisted numerous homeowners facing foreclosure. We know that there are legitimate reasons that prevent you from making your payments. From job loss and divorce to personal illness and property depreciation, there are many reasons why housing becomes suddenly unaffordable. Schedule a consultation at our office to discuss your case.
What is Involved in A Short Sale Process?
Borrowers may investigate short sale options as soon as they recognize the difficulty in making payments. Default is not necessarily a prerequisite for a short sale. The sooner negotiations with the lender begin, the better the chances of successful resolution with the highest sale price become.
The multi-step short sale process includes:
Pre-qualification for the borrower as well as the property
Pre-qualification of the lender
Real estate agent is hired and the sale price is set, along with a schedule of price reductions
Borrower financials are analyzed and packaged
Any predatory lending violations by the lender are documented
Offers on the property are negotiated with the lender
Post-sale credit reporting and liability are negotiated with the lender