Short Sales-frequently Asked Questions

By: Keith Junor

Answers to the Most Frequent Asked Short Sale Questions

1. Q Will I be eligible for a short sale if I have 2 mortgages?

A Yes- The majority of short sales involve 2 lien holders. They both have to agree and be satisfied. If only the first lien holder is paid off after closing, the second mortgages terms has to be re-negotiated and resolved.

2. Q How Many Payments do I have to Miss to Qualify for a Short Sale?

A None----In the later part of 2007---Most major lenders began to accept offers of a short sale from sellers that had never missed a payment or been late.Their personal situation had changed.

3. Q Will I be Responsible for Additional Income Taxes for the Difference of Loss to the Bank?

A No in most cases. It was true in the beginning of short sales; but now the rules have changed. Consult with your CPA or tax Attorney. The law has been changed so that most people are not responsible for any additional taxes.

4. Q Will I have Trouble Qualifying for a Short Sale If I Owe More Than My House is Worth?

A No If your debts are greater than your assets and you cannot make your payments; then you will qualify for a short sale. It's that simple.

5. Q Is There Time for a Short Sale Before the Foreclosure Process Begins If I Have Only Missed One Payment but Know I will Miss A Lot More?

A It varies in each state. A rule of thumb is; 6 months to a year. A well priced short sale usually sells and closes in less than 120 days.

6. Q Is A Short Sale Right for Me If-I Have The Resources to Pay All or Part of the Negative Amount Owed. I Don't Want to Ruin My Credit. I Just Can't Make My Payments Any Longer.

A In this case; it would be better to work out a repayment plan with the first lien holder. The monies you have will more than likely be used to pay the 2nd lien holder. They will release the lien. The property can be sold and closed in a regular manor.

7. Q Does the Lender Have to Approve My Home Before It Be Listed As A Short Sale?

A No There basically is no such thing as being short sale approved by any lender. The approval occurs after there has been an accepted offer.

8. Q Will Property Taxes Still Have to Be Paid If I do A Short Sale?

A Yes Property taxes always will have to be paid. Each lender has different policies and it will depend on the specific agreement you reached while negotiating the short sale. So, either yourself or the lender will be responsible for paying the property taxes.

9. Q Why Doesn't my Mortgage Insurance Pay The Deficiency Amount?

A . Mortgage Insurance is not for the protection of the owner. It only protects the lender. In most short sales there are 2 lien holders and NO mortgage insurance.

10. Q Who Pays the Listing Agent's Commission?

A The bank will pay all commissions along with the usual closing costs.

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