A short sale is when a mortgage lender agrees to accept a mortgage payoff amount less than what is owed in order to facilitate a sale of the property by a financially distressed owner. The lender forgives the remaining balance of the loan.
In short, short sales are a good idea if you have plenty of time and money. A short sale buyer may get the property at a reduced price, but the property (in all likelihood) has its share of problems — think “fixer-upper” — and the deal needs to go through considerable red tape to make it happen.
Disadvantages of a Short Sale
A short sale comes with quite a few catches. There are more parties involved than a typical sale making the process complicated and often lengthy. In a traditional home sale, price negotiations happen between the buyer and seller (or their representatives), not the seller's bank.
A short sale is a transaction in which the seller does not actually own the stock that is being sold but borrows it from the broker-dealer through which they are placing the sell order. The seller then has the obligation to buy back the stock at some point in the future.
Short sales are less damaging to a credit report than a foreclosure. A foreclosure is when a home is seized and put up for sale by the investor or bank. Every mortgage contract has a lien on the property that allows the bank to control the property if the homeowner stops making mortgage payments.
It costs more to the lender to go through the foreclosure process. During a short sale, the lender shares the cost with the homeowner to quickly sell the home. From a financial standpoint, many lenders prefer a short sale if the home is not expected to sell for more than the balance due at the foreclosure auction.
Can You Negotiate A Short Sale? It is entirely possible to negotiate a short sale, but doing so can be a time-consuming process. Instead of negotiating with the seller alone, as is the case with most traditional sales, short sale negotiations must be approved by the lender, too.
A short sale means they won't earn any profit from the sale of the house - the bank or mortgage lender gets all the sales proceeds.
The short sale process is a lot like buying a home off the market. You'll start by finding a house and getting pre-approved for financing (unless you're paying in cash). Then you'll make an offer, negotiate the sale, and close.
Short sales are a mixed bag for the buyer, the seller and the lender. If you're a seller, a short sale is likely to damage your credit — but not as badly as a foreclosure. You'll also walk away from your home without a penny from the deal, making it difficult for you to find and pay for another place to live.
Key Takeaways
Short sales are voluntary actions by the homeowner; they require approval from the lender. Foreclosures are involuntary for the homeowner; the lender takes legal action to take control of and sell the property. Homeowners who use short sales are responsible for any deficiencies payable to the lender.
You're responsible for your mortgage payments until your house is sold, so even if you've moved into a new property, you'll still have to pay off your mortgage on your existing property. You may even be temporarily homeless until your home is sold.
With a short sale, the seller is asking the bank to take less than the amount owed. Even if you've made an offer and the seller has accepted it, it's not a done deal. The seller's bank must approve the sale, and this is where the big delays can happen. Banks are losing money in a short sale and aren't too keen on it.
What's one reason that buyers might need additional cash at closing for a short sale? Short sales don't clear liens from the title, so buyers may have to pay debts at closing.
If the sale price of your home is less than the amount you still owe to your mortgage lender, this is called 'negative equity'. In these cases, all of the money from the home sale goes directly to the mortgage lender. You will then receive a bill for the remaining amount.
The lender agrees to accept the sale proceeds and release the lien on the property. The proceeds of the sale pay off a portion of the amount owed. Short sales are one way for borrowers to avoid foreclosure.
Are Short Sale Home Prices Negotiable? Short sale home prices are negotiable, but not in the same way as the sale price in a traditional purchase is. As the seller, you may be motivated to get rid of the property—but the mortgage lender must ultimately decide whether to accept an offer.
If you have an FHA loan, you can qualify for an FHA loan short sale (Federal Housing Administration) if the Department of Housing and Urban Development (HUD) reviews the file and determine that you have a qualifying hardship. All FHA short sales are governed by HUD guidelines.
Lower prices: One undeniable benefit is that foreclosed homes almost always cost less than other homes in the area or they are listed below market value. This is because they're priced by the lender, who wants the home off of their books.
Negotiating on a foreclosure allows a homebuyer to obtain the best possible deal. If he intends to resell the home for a profit, he may negotiate a low price for a fixer-upper house, invest in remodeling and modernizing the home, then sell it for a profit when the real estate market strengthens.