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Why A Short Sale May Work Better Than A Foreclosure

When a homeowner realizes that they can no longer pay for their mortgage, they may wonder about their choices. The option of foreclosure may be possible and so will the idea of a short sale in Las Vegas. There are a few differences in both of the choices, that could impact the financial future of person. Whether there is lots of time to decide or just a few days, there are always options that can be discussed.

A short sale is when the home goes on the market for just under what it owes. Banks often like this approach better than just leaving the home, because they may get more for the house selling it that way. Often a house that is up for sale under a short sale, will sell in a fast amount of time.

Homeowners can seek help from banks, real estate agents and legal representation when trying to make the choice. A legal department that specializes in bankruptcy and foreclosure may be able to tell someone what the points are to consider if leaving the home is the only option.

Often when someone knows what the pros and cons are to their choice, they will make one that is responsible for them. Using this type of measure to sell off a property, may be better for someone’s credit. They may be able to get out of their home through selling it, and manage a way to pay off the rest of their debt. Learning how to get out of debt without claiming bankruptcy, may be the best way to salvage a credit score.

When a home is up on the market under a short sale, real estate agents will keep their eye out for it. It is in other buyer’s interests to take a look at the property listed under these circumstances. Typically the buyer is just trying to get out of their loan and the home will be sold for under its value.

Buying a home for under its actual value can allow someone to sell it again and this time make a profit. This type of listing may be great for someone who wants to simply sell it, fix it up and sell or move into a house at a really good rate.

This choice can be made just days before having to foreclose. Real estate agents can put it on the market and try to have it gone again in a matter of days. In some cases bidding wars break out from people trying to get their hands on the cheap deal.

When debts are climbing and the mortgage just cannot be paid, there are other options. While temporary loans may help in the short term, often they are only a quick solution. If someone is out of work or not able to work, then the present situation may also be the same in the future. When time is running out, the best thing to do may be to consider a short sale in Las Vegas.

Article Source: http://www.articlesnatch.com

About the Author:
Schwartz Law Firm (http://www.andopportunities.com/) is focused on short sale Las Vegas as aims to help homeowners who are in financial distress by guiding them through the challenging process of selling their homes when they are worth less than they owe.

Good News For Homeowner Short Sales

The Home Affordable Foreclosure Alternative Program (HAFA) has not met up to its expectations with regard to providing a viable alternative to a full blown foreclosure for distressed homeowners wanting to sell properties that are underwater rather than have a foreclosure on their record.

The HAFA program’s intent from the inception was intended to allow a homeowner facing foreclosure to short sale the property and also provide the possibility of a stipend of money for relocation purposes, once the is was complete. It also provides for monetary incentives for the servicers to administer the program to help facilitate short sales.

Unfortunately, the program also created loopholes for servicers to take advantage of the guidelines to make them work primarily in favor of the the servicer, representing the investor, to the disadvantage of the homeower. Some of the loop holes in the orginal HAFA program that made for sometimes insurmountable obstacles are:

(a) the inordinate amount of time it takes for servicers to respond to a borrower when electing to short sale a property and the fact that approval or disapproval of short sales, commonly take 90 or more days. During this time, most buyers who have made an offer on the property are discouraged and lose interest and move on. Thus, the homeowner loses the short sale opportunity. This results in the homeowner often needlessly being forced in to foreclosure and thus defeating the intent and purpose of the HAFA program.

(b) HAFA presently has no guidelines addressing the practice of servicers to completely ignore the underlying property listing agreement between the homeowner as seller and the prospective buyer of the property. Servicers more often than not unilaterally dictate the amount of commission that will be paid to the listing real estate broker. Most listing contracts have a six percent (6%) commission set for payment to the listing real estate broker.

This commission is the thing that motivates the real estate broker to list the property and work very hard to accomplish a sale on a very difficult property. Arbitrarily reducing the commission by servicers because they must approve the sale, often occurs and this knowledge has discouraged the real estate industry from embracing the concept of short sales and thus affects the entire real estate industry in a significant way.

The two obstacles described above account for a significant failure of short sales that otherwise could be successful and benefit the servicer, the homeowner and the real estate industry, which desperately is trying to right itself.

Finally there are new HAFA guidelines proposed that will take place effective February 1, 2011 that removes the obstacles described above along with several others. Here are some of the most important changes that will become effective:

1. No more need to verify income. Only a hardship letter or request for modification via short sale is required.

2. The property being short sold can be vacant or rented out up to 12 months prior to requesting the short sale without regard to whether the borrower has lived in the property so long as it was the borrower’s principle place of residence within last 12 months.

3. Servicers are no longer limited to the 6% cap on extinguishing second, third or other subordinated loans during the short sale process.

4. Servicers are required to respond within 30 days to a borrower’s request for a short sale. Servicers are required to approve or disapprove an offer submitted by a buyer of the property within 30 days of receipt or alternatively to respond with a counteroffer within that 30 day period of time.

5. Servicers must honor the amount of commissions agreed to be paid to the listing real estate broker up to six percent (6%) if that is what is agreed to between the listing broker and the borrower. No offset is allowed by the servicer. This is huge toward getting the real estate sales industry to engage more actively in short sales.

While one should be optimistic and excited about these new guidelines, the reality is that many of the servicers will not take heed and will continue their ways in ignoring rules and regulations. Therefore, it will be necessary for all parties involved in these short sales to be diligent and hold the servicer’s feet to the fire. The difference this time around is that the regulations specifically include language like “the servicer “must” or “shall” follow specific guidelines.These terms “must” and “shall”, although small, make all the difference. The effect is that the guidelines now have muscle that the courts will ultimately enforce under federal regulations and this message is now loud and clear to the servicers.

Real estate brokers, homeowners and others who understand the power of this new “language” change and who let the servicers know that they know the significance will meet with substantial success in the future. Homeowners and persons representing them should keep a copy of the Supplemental HAFA regulations handy when communicating with lender servicer negotiators.

Article Source: http://www.articlesnatch.com

About the Author:
Roy Landers is a California attorney/real estate broker with over 25 years experience in real estate matters.He maintains two real estate blogs at http://www.therealestateinstitute.net, a real estate education site and http://www.renegadeforeclosurefighter.A FREE Newsletter-The Real Estate Playbook is also available at these sites.

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