A short sale typically is executed to prevent a home foreclosure. Often a bank will choose to allow a short sale if they believe that it will result in a smaller financial loss than foreclosing. For the home owner, the advantages include avoidance of having a foreclosure on their credit history. Additionally, a short sale is typically faster and less expensive than a foreclosure.

In short, a short sale is nothing more than negotiating with lien holders a payoff for less than what they are owed.

Lenders have a department (typically called a loss mitigation department) which processes potential short sale transactions. Typically, lenders do not accept short sale offers or requests for short sales until a Notice of Default has been issued or recorded with the locality where the property is located. Lenders have a varying tolerance for short sales and mitigated losses. The majority of lenders have a pre-determined criteria for such transactions. Other distressed lenders may allow any reasonable offer subject to a loss mitigator's approval. "Red tape" is very common in short sales, similar to REO and HUD properties, requiring potentially multiple levels of approvals and conditions. Junior liens, such as second morgagees, HELOC lenders, and HOA (special assessment liens), may need to approve of the short sale. Frequent objectors to short sales include tax lieners (income, estate or corporate franchise tax - as opposed to real property taxes, which have priority even unrecorded) and mechanic's lien holders. It is possible for junior lien holders to prevent the short sale.

While it is frequent if not common for a lender to forgive the balance of the loan in question, in some instances the deficiency is sometimes passed on to the debtor as ordinary income through the issuance of a 1099 and thus subject to federal income taxes. Each situation is unique.

The benefit to buyers is the potential to purchase a property at a price siginificantly under market value. The main pitfall of this type of purchase is the time from the submission of an offer to settlement can be as much as 4 months since the lender has varying levels of approvals needed to finally accept a buyer's offer.

THE FORECLOSURE
Plain and simple, a Foreclosure is the legal process in which a bank or other secured creditor sells or repossesses a parcel of real property after the owner has failed to comply with an agreement between the lender and borrower called a "mortgage" or "deed of trust". Commonly, the violation of the mortgage is a default in payment of a promissory note, secured by a lien on the property. When the process is complete, the lender can sell the property and keep the proceeds to pay off its mortgage and any legal costs, and it is typically said that "the lender has foreclosed its mortgage or lien". The entire foreclosure process can take as long as 6 months and is very costly to the bank so in most instances a short-sale solution is preferred.

Buying a foreclosure is an easier process than the short-sale however, since you are dealing with the owner (the bank) who can do as they wish. Unfortunately each bank conducts their sales differently as some hold offers without counteroffers while other respond as in a normal sale.

In both Short-Sales and Foreclosures the bank has a preferred selling price in mind. Typically 90% to 95% of asking price is desired since this number is already far below market value.

STEPS TO BUYING WILDWOOD FORECLOSURES and SHORT SALES

1/CONTACT ME
Contact me at 609.402.8900 for additional information or use our HOMESEARCH option to select the type of property you are interested in and type "FORECLOSURE/SHORT SALE" in the comments section.

Within 24 hours we will furnish you with a complete listing of all the Foreclosures and Short Sales in not only Wildwood but if you choose all of Cape May and Atlantic Counties.

2/PREPARE FINANCING
One of the most important items that needs to be in place BEFORE you choose to make an offer on a Foreclosure or Short Sale is financing. Keep in mind whether you are buying a bank-owned property or a short-sale the bank is looking for a "slam-dunk"! Cash is king, and when coupled with a quick close can equal a tremendous  opportunity to buy a property at a deep discount. Proof of funds such as a bank statement should accompany all offers. If you will be financing your purchase a pre-qual will need to accompany your offer. The best way to strengthen a financed offer is to have everything in place in order to facilitate a quick closing.

3/ VISIT THE PROPERTY
Typically foreclosures and short sales require the property to be sold "as-is". Under the law no one can require you to waive your right to inspections but the bank will not permit alterations to the purchase price to reflect items in need of repair as they are only concerned with the bottom line.

The best solution is, once you've decided on a property, have your home inspector look at the property before you make your offer. In this instance if you are willing to move forward you can then make your offer and waive your inspection since it's already been done. This would look very attractive to the seller.

4/ MAKE YOUR OFFER
When buying short sales and foreclosures keep in mind you are not the only person looking for the "deal of the century!". I have seen many buyers lose a property for a minute amount that in hindsight they were willing to pay. Make your offer the best and final at the most reasonable terms.


MY EXPERIENCE
I have been involved in numerous short-sale/foreclosure transactions so I can say without a doubt no two are alike. If you are contemplating this type of purchase call me on my cell at 609.402.8900 today for further information.

Joe Zarroli is the Official Agent for REO, Preforeclosure, Foreclosure and Short Sales in the Wildwoods for

www.foreclosure.com