Menifee and Murrieta short sales are many times confused as foreclosures or reside in that gray spot between knowledge and understanding for many brokers, home buyers, and home owners. To begin this article let me define exactly what a short sale is:
Definition - A short sale is when the total loan or debt commitments on a home are greater than the overall total value of the home as measured by the property’s market price.
Quite a few people make the mistake and put short sales in the same barrel as foreclosures but they are actually very different. Foreclosures are begun once monthly payments aren’t being paid and the bank mails out a Notice of Default. The notice is the first step of the financial institute’s paper trail so to speak for a foreclosure course of action. Foreclosures usually take perhaps 4-6 months depending on the bank involved with the current owner losing possession and taking a brutal credit hit.
However, this scenario can often be worked out in that 4-6 month time period. This is the reason there has been uncertainity sorting out a short sale versus a foreclosure since they are frequently confused. Once a financial institution has initiated a foreclosure procedure, the current homeowner has a actionable window to either bring the payments back in line or be escorted from the house.
The third choice is a short sale pending the bank’s authorization and thereby loan forgiveness. By doing a short sale, the seller lists the Temecula or Murrieta house, makes an deal with the financial institutes and sells the house before the complete foreclosure process. The arrangement the seller makes with the banks is for the bank to take a lesser sum of money than is owed on the loans but grant full debt forgiveness for the current homeowner.
Now, why would a bank take less money that is owed? Because, the bank is likely to get even less in the event of a full foreclosure. The financial institutes usually get more via a short sale since the homeseller is keeping up the Murrieta or Temecula house and it sells for a higher price. The financial institute also dodges the very spendy process of foreclosure while worrying about one less losing investment in its portfolio. Financial institutions have difficulty monitoring all their homes. And, foreclosed homes often get damaged and further devalued costing the bank even more money.
So in number of situations the short sale is best out for the current owner of the home who gets debt forgiveness rather than a foreclosure and the financial institute who gets more money and invests little time. It also usually works for the new home buyer as well because they get a home that is in nice shape usually at or lower than foreclosure pricing.
It isn’t easy though and there are two obstacles to short sales. One issue is time. Lending companies often take a long time to get things approved and unfortunately a lot of buyers will not wait. As an broker, it is much easier for me to sell a banked owned home or a traditional seller owned home over a short sale.
The second issue is potential tax liability. Whenever a financial company gives debt forgiveness it is obligatged to report that debt forgiveness as income via a 1099 IRS form. What a majority of home sellers will not realize is the reality over their fear of their taxes.
Many people are considered as financially needy and are thereby absolved of these liabilities. Sellers in this situation would be well off to have a CPA calculate their net worth utilizing the proper IRS form and maybe pleasantly relieved.
Wrapping up, there is some good news on the horizon. The House of Representatives just nicely passed a new bill to reduce the IRS negatives on bank forgiven debt. This action further increases the benefits of a short sale over a foreclosure and really reducing the long term financial shock for homeowners caught in what has become a very normal situation.
Stefan West is a buyer's broker of
Murrieta and Temecula Homes and an expert in the adjacent areas. Please visit http://www.stefanwest.com to learn more or enjoy other articles.