Short Sale FAQs: Understanding the Short Sale Process

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What Is A Short Sale?

A short sale is the sale of a property for less than what the owner still owes on the mortgage. A short sale is an alternative to foreclosure when a homeowner needs to sell and can no longer afford to make their mortgage payments. The lender agrees to accept less than the amount owed to pay off a loan now rather than taking the property back by foreclosure and trying to sell it later. Lenders agree to a short sale because they believe it will net them more money than going forward with a lengthy and costly foreclosure process.

Can Any Real Estate Agent Effectively Handle My Short Sale?

No. A short sale is a very complicated real estate transaction and one that has very important implications for you. More than any other type of residential real estate transaction, a short sale should be handled only by a real estate broker who has substantial experience with the short sale process , and a strong track-record of success in negotiating short sales for their clients. You wouldn’t have your family doctor perform heart surgery. And, you shouldn’t expect any real estate broker to be qualified to handle this highly complex real estate transaction for you.

Why Should I Choose A Short Sale Over Foreclosure?

Whether you should do a short sale or let your property go to foreclosure depends on several factors. In most instances, a short sale makes more sense than foreclosure. In general, when you want to obtain a loan to purchase a property in the future, more opportunities will be available to you if you do a short sale. And, contrary to popular belief, you can be current on your payments and still do a short sale. In fact, if you are current on your mortgage through a short sale, you can qualify for an FHA loan afterwards without any waiting periods. The same option will not be available following a foreclosure.

While doing a short sale will negatively affect your credit, there are many benefits to choosing a short sale over foreclosure. With a short sale, you are in control of the sale, not the bank. You may sleep better at night knowing who is buying your home, and you can spare yourself the social stigma of foreclosure.

Every homeowner’s situation is different, so we always recommend that you speak with a real estate attorney that can advise you on the legal and tax implications for your circumstances.

How Do I Know If I Qualify For A Short Sale?

If you owe more than your house is worth and can’t afford your mortgage payments, you may qualify for a short sale. Every situation is unique, but in general the basic criteria for qualifying for a short sale are:

  • You need to sell your home.
  • You owe more on your mortgage than your home is worth.
  • You have a personal financial hardship that will prevent you from making future payments. (Examples of hardship include loss of job, divorce, death of a spouse and medical emergency or illness.)

When calculating if your house is worth less than the amount owed on the loan, you should deduct out what you would pay in real estate commissions, closing costs, and state excise taxes to sell your home.

Will I Get Any Money From The Sale?

Unless specifically authorized through a federally-sanctioned program such as HAFA, when a lender approves a short sale, they typically require that the borrower (seller) not receive any money from the sale of the property since the lender is going to take a loss on the loan.

How Long Does A Short Sale Take?

The short sale process is complicated and time-consuming. It can take several weeks, or even months, to get a short sale approved. Many lenders have several layers of management, insurers, and investors that will have to be satisfied before a short sale is approved. As a homeowner, it is important to be patient during this long process. It is also critical that you work with a short sale negotiator who is familiar with the various requirements of individual lenders to ensure that the process moves as quickly as possible.

Is There Enough Time To Do A Short Sale Before A Foreclosure?

Maybe, maybe not. Just starting a short sale will not automatically stop a foreclosure. However, many times a lender can be convinced to postpone the foreclosure to let a short sale negotiation take place. So, while there are no guarantees, it does not hurt to try.

Does A Short Sale Always Work?

No, there is no guarantee that this will work. Once you fall behind on your loan, the lender can proceed to foreclosure if they choose to. But typically, lenders prefer not to foreclose and, if effectively presented with smart alternatives, they will often agree to a short sale rather than foreclose. If a short sale is attempted but doesn’t work, your house will likely go to foreclosure.

I Have More Than One Mortgage On My House. Can I Still Do A Short Sale?

Yes. Each mortgage can be negotiated individually. However, multiple mortgages make a short sale more complicated and time-consuming. Not only do you need the cooperation of the first lender, the second mortgage holder needs to agree to a short sale as well.

What Is A Release?

A lender may offer to “release” its security interest against the property in exchange for less than the total amount of the note. A release will allow the property to be sold without paying off the obligations of the note. However, the note is not satisfied. The advantage of a release is it allows the property to be sold and helps you avoid a foreclosure. The disadvantage is the remaining debt on the property (sometimes called a deficiency) still exists. You are still liable for the note. In other words, you still owe the money. In reality, it’s not likely that the lender will pursue the deficiency unless you have other significant assets. Furthermore, if you don’t attempt a short sale and the property goes to foreclosure, you can be liable for the full amount of remaining debt on any additional mortgages beyond your first mortgage.

What Is A Satisfaction?

A lender may agree to accept less than it is owed as complete and total satisfaction of the debt and release its lien against the property. Your note and obligation to the lender are satisfied for less than you owe. When the property is sold, the debt is paid off completely. Sometimes short sale negotiations are successful in obtaining complete satisfaction. Sometimes all that can be obtained is a release.

Are There Tax Consequences?

When a lender cancels or forgives your debt, the tax laws may consider the forgiven debt as taxable income. If a lender agrees to a satisfaction, the Mortgage Forgiveness Debt Relief Act of 2007 provides that debt forgiveness of up to $2 million is not considered taxable income if:

  • The house has been used as your principal place of residence for at least two of the previous five years.
  • The debt has been used to buy, build, or make substantial improvements to the home.

Home equity loans where the money was not used to buy, build, or improve the home do not qualify for the exclusion. Neither do mortgages for second homes or rental properties. The law has been extended to include debt forgiven through 2013.

There are additional tax considerations to keep in mind. A debt cancellation will affect your property’s cost basis. Insolvency or bankruptcy may also alleviate some of the tax burdens of a debt cancellation resulting from a short sale. You should always confirm tax matters with your tax professional.

Can I Keep The House Through A Short Sale?

The purpose of a short sale is to get the property sold, so you do not keep the house. Just as in a normal sale, you will be moving, typically when the sale closes. Some sellers choose to move before the house closes. You will not be allowed to remain in the house. If your intention is to remain in your house, you should consider other options besides a short sale.

Download a copy of Short Sale Frequently Asked Questions [PDF].

Richard Eastern is a Windermere broker in Bellevue, WA and co-founder of Washington Property Solutions,a short sales negotiating company. Since 2003 he has helped more than 900 homeowners sell their homes. A Bellevue native and a University of Washington grad, Richard is an avid sports fan and a devoted Little League and basketball coach. You can learn more about Richard here or at www.washortsales.com.

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Increasing Your Home’s Curb Appeal

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First impressions are extraordinarily powerful, and your house is no exception. When others approach it for the first time, does it strike them as clean, inviting and well maintained? In real estate, these all-important qualities are known as “curb appeal.” If you plan to put your home on the market, or simply want it to look its best, here are some ideas that will ensure your home makes a positive first impression.

Clean, clean, clean

Start by cleaning and tidying your driveway, walkway, front yard, and front porch. Pressure washing can make concrete and aggregate surfaces look like new; pressure washers are also ideal for cleaning stains from gutters and removing moss from patios and decks.

In your yard, keep the grass neatly trimmed, and edge your paths and walkways for a meticulously groomed look. Keep the beds weed-free, and trim trees and bushes as needed. Remove and replace any dead or struggling plants. If you are selling your home, it’s a smart investment to have a professional gardener make things picture-perfect, and then you can maintain the look yourself.

On your front porch, remove any cobwebs and sweep away all traces of dirt, leaves and pet hair. Clean your light fixtures and bulbs, and be sure your windows are sparkling clean. Wipe down your front door and polish your door hardware.

Repair and update

Fix or replace loose latticework, gently tap down nail heads that have worked loose from your siding or decks, and ensure that downspouts are attached and secure. It might make sense to replace and outdated front door, or at least give it a fresh coat of paint and update the handle and kick plate.  If your exterior light fixtures were fashionable 25 years ago, they’re undoubtedly out of date now. Visit a home-improvement store and choose something more contemporary.

If your exterior paint is in good shape, light pressure washing will make it look almost new, and a fresh coat of pain on just the trim and shutters can provide a quick face lift. On the other hand, shabby paint dramatically devalues a home. If repainting is necessary, use a mainstream color that fits in with your neighborhood.

Keep it simple, clean and classic

If your home is on the market, be ruthless with clutter. Remove anything that distracts from the home itself, including children’s toys, bicycles, garden hoses and tools. You want your home to appeal to as many people as possible. When potential buyers step onto your property, they need to be able to imagine it as their own.

Create a welcoming entry

Your front porch and/or entryway provide an opportunity to make visitors feel comfortable and welcome. Beautiful pots overflowing with flowers appeal to everyone, and a trickling water feature can create a serene atmosphere. And if there’s room, a small table and chairs on the front porch are very inviting.  Finally, if your doormat has worn out its welcome, it’s time to purchase a new one.

Get a fresh point of view

It can be surprisingly difficult to view your home objectively and to see it as others do. One helpful trick is to shoot photos or video; for most people, this technique helps them see their home from a fresh perspective. By all means, ask your agent for a professional opinion. He or she can give you a checklist of recommended tasks that will strengthen your home’s curb appeal.

There’s only one chance to make a first impression

Curb appeal is more important than you might imagine. We’ve seen buyers make a snap judgment before they step out of the car. If it’s a negative first impression, that’s hard to overcome no matter how nice the home is inside. One the other hand, when a home is charming and cleaned and cared for on the outside, buyers can be so positively affected that once they’re inside, they are less critical of an outdated kitchen or a small bathroom. Strong curb appeal can help cement a positive opinion.

If you have questions about getting your home ready to sell, or are looking for an agent in your area we have professionals that can help you. Contact us here.

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How to Choose the Right Home

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As the market starts heating up and real estate becomes a popular dinner party topic again, it’s easy to get so caught up in the fever of searching and offers that we forget why we were buying a home in the first place. When you’re hearing about “inventory shortages” and “bidding wars” it’s important not to fall into the trap of settling, buying for the wrong reasons, or even overspending.

When is the “Right Time to Buy”?

I constantly see information out there telling buyers and sellers that it is the “right time” or the “wrong time” to buy or sell a home. Of course you should take things like rising interest rates or rising or falling prices into consideration, but the most important thing to ask yourself is, “Is it the right time for me?”  Are you ready to stay in one place for a while? Are you feeling like your employment position is stable? How about your relationship? If you’re barely making ends meet with a job you hate and your relationship with your partner is on the rocks, it’s probably not the time to buy, no matter what interest rates are doing. Having enough money to comfortably afford your home is more important than buying when everyone else is.

What are your values?

Why do you want to buy a house, anyways? Do you imagine yourself spending your weekends working in your yard every weekend? Is your idea of fun tearing apart a bathroom and putting it back together piece by piece? Or are you more interested in a lifestyle, living close to your work and walking to the grocery store?  If you love going out with your friends or traveling for long periods, buying a house with extensive landscaping or an endless list of things needing to be remodeled and upgraded is probably not a good fit. Know what kind of life you want to live in your home BEFORE you find a place, and stay true to that as you search.

Find a REALTOR who gets you.

When you’re looking for an agent to help you find a home, keep looking till you find someone you like and trust. Buying a home can be hugely stressful, and being able to have open and honest conversations with an agent who gets you will make the whole process much easier.

Everyone is happy that the real estate market is in recovery and buying a house is an amazing experience. Just make sure you know what you want your home to be FOR YOU and stay true to your own personal American Dream.

Marguerite Giguere is a buyers agent specializing in Downtown Tacoma. She blogs regularly at GetRealTacoma.com.

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Alluring Ranch With Designer Finishes

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Featuring 3 Bedrooms, 2 Bathrooms And An Open Floor Plan!

Look no further! Custom ranch with an open floor plan in the popular Water Valley development. Enjoy the Colorado lifestyle on your over-sized covered patio with built-in gas grill and even a dual-sided fireplace. Large master with 5-piece bath and walk-in closet. Comfortable main floor living, open to kitchen with lots of storage and counter space. Full, unfinished basement for future expansion. Bring your golf cart and enjoy the Water Valley lifestyle!

For more information, please visit: http://windermerenoco.com/listing/74845848 or call Wendy Roberts at (970) 460-3033.

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What is Modern?

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Sleek design, open floor plans, and great natural lighting are all appealing characteristics of modern architecture. Over the years, modern design concepts in home building have become more popular, as is the resurgence of interest in modern real estate. More companies, like 360 modern, are specializing in modern properties. Modern homes vary greatly in style; however, they have some unifying qualities that distinguish them from other properties built over the last 60 years. Here are some characteristics often found in modern homes:

Clean geometric lines: The core of modernist values is the simplification of form. Modernist homes have a very ‘linear’ feel with straight lines and exposed building materials. Furnishings and adornment reflect this value, incorporating vibrant, geometric and abstract designs.

Modern materials: Large windows are abundant in modern architecture, allowing light to fill and expand the interior space, bringing the natural world indoors. Generally all exposed building materials are kept close to their natural state, including exposed wood beams, poured concrete floors or counter tops, stone walls and stainless steel.

Modern homes are well suited for technological and green upgrades, including eco-friendly building materials and energy efficient practices. Flat roofs accommodate solar power. Energy efficient appliances work with the aesthetics of modern homes. Modernist landscaping need not require water-thirsty lawns, but instead can reflect local flora.

Post-and-beam structure: One classic element in modern architecture is the exposed wood posts and ceiling beams. This style of building has been around for thousands of years; however, modern homes really emphasize the structure, rather than hiding the bones behind drywall.  In new modern homes the post-and-beam structure can be made out of concrete, iron or other materials. The highly visible horizontal and vertical beams reinforce the clean geometric lines of the space.

Low-pitched gable or shed roof: One of the most differential characteristics of modern homes than more traditional home design is the shape of the roof. Classic modern homes on the west coast generally have a flat or low-pitched roof, highly influenced by architect Joseph Eichler. New urban homes also leverage roof tops for outdoor entertaining space.

Open floor plan:  Modern design strives to “open” the space by eliminating enclosed rooms. For example opening the kitchen and dining room into an open living space, allowing the ‘rooms’ to flow into one another.

Large windows: Natural light and the incorporation of natural elements are important aspects of modern home design. Large, floor-to-ceiling windows illuminate the open space and highlight the natural landscape. Some new modern homes have adjusted the large windows to open, diminishing the barrier between the indoors and out.

Incorporation of outdoor elements: Frank Lloyd Wright, one of the pioneering modernist architects, incorporated the natural setting into his architecture, most famously with Falling Water. Outdoor elements are incorporated into modern architecture in many ways; through large windows, landscaped terraces, and patios, and through use of natural and organic materials in building including stone walls, and more.

Minimalism: With open and connected modernist spaces, careful curation of furniture, adornments, and household objects is important to preserving the modernist aesthetic. Generally, modernist homes have art and furniture that reflects the clean geometric lines and the natural materials of the architecture, leaving less space for clutter. Minimalist philosophies of few household items that serve both form and function work well within this design and architectural style.

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Bubbly?

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Because our Northern Colorado market has been so active over the last four years, clients often ask us if we think there is a housing bubble forming.

There are several key statistics which we track closely in order to answer that question.

Here is one fact that we find to be insightful…

One of the root causes of the last housing bubble was the glut of inventory, and specifically new home inventory. Quite simply, the market was being oversupplied with new homes. The rules of economics say when there is oversupply, prices must come down.

Are we in a housing bubble?

Today, there are far fewer new home starts compared to 2004 and 2005 when the last bubble was forming – despite there being a larger population.
According to our friends at Metrostudy who track the new home market, Northern Colorado has had 4,452 new home starts in the last 12 months.

That number is only 60% of what it was at the height of construction in early 2005.

It is also interesting to note that over the last 12 months there have been 4,473 new home closings which shows that demand is keeping up with supply.

So when you drive around Northern Colorado and notice all the new homes being built, know that construction activity is far less than what is was during the bubble and that demand is keeping up with supply.

In case you missed our annual real estate Forecast event, you can reach out to us to see the presentation slides or receive a video recap of the information. Just email us at colorado@fortcollins.com

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Real Estate Appraisals 101

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Appraised value vs. market value

Appraisals are designed to protect buyers, sellers, and lending institutions. They provide a reliable, independent valuation of a tract of land and the structure on it, whether it’s a house or a skyscraper. Below, you will find information about the appraisal process, what goes into them, their benefits and some tips on how to help make an appraisal go smoothly and efficiently.

The appraised value of a property is what the bank thinks it’s worth, and that amount is determined by a professional, third-party appraiser. The appraiser’s valuation is based on a combination of comparative market sales and inspection of the property.

Market value, on the other hand, is what a buyer is willing to pay for a home or what homes of comparable value are selling for. A home’s appraised value and its market value are typically not the same. In fact, sometimes the appraised value is very different. An appraisal provides you with an invaluable reality check.

If you are in the process of setting the price of your home, you can gain some peace-of-mind by consulting an independent appraiser. Show him comparative values for your neighborhood, relevant documents, and give him a tour of your home, just as you would show it to a prospective buyer.

What information goes into an appraisal?

Professional appraisers consult a range of information sources, including multiple listing services, county tax assessor records, county courthouse records, and appraisal data records, in addition to talking to local real estate professionals.

They also conduct an inspection. Typically an appraiser’s inspection focuses on:

  • The condition of the property and home, inside and out
  • The home’s layout and features
  • Home updates
  • Overall quality of construction
  • Estimate of the home’s square footage (the gross living area “GLA”; garages and unfinished basements are estimated separately)
  • Permanent fixtures (for example, in-ground pools, as opposed to above-ground pools)

After considering all such information, the appraiser arrives at three different dollar amounts – one for the value of the land, one for the value of the structure, and one for their combined value. In many cases, the land will be worth more than the structure.

One thing to bear in mind is that an appraisal is not a substitute for a home inspection. An appraiser does a cursory assessment of a house and property. For a more detailed inspection, consult with a home inspector and/or a specialist in the area of concern.

Who pays and how long does it take?

The buyer usually pays for the appraisal unless they have negotiated otherwise. Depending on the lender, the appraisal may be paid in advance or incorporated into the application fee; some are due on delivery and some are billed at closing. Typical costs range from $275-$600, but this can vary from region to region.

An inspection usually takes anywhere from 15 minutes to several hours, depending on the size and complexity of your property. In addition, the appraiser spends time pulling up county records for values of the houses around you. A full report comes to your loan officer, a real estate agent or lender within about a week.

If you are the seller, you won’t get a copy of an appraisal ordered by a buyer. Under the Equal Credit Opportunity Act, however, the buyer has the right to get a copy of the appraisal, but they must request it. Typically the requested appraisal is provided at closing.

What if the appraisal is too low?

If you appraisal comes in too low it can be a problem. Usually the seller’s and the buyer’s real estate agents respond by looking for recent and pending sales of comparable homes. Sometimes this can influence the appraisal. If the final appraisal is well below what you have agreed to pay, you can renegotiate the contract or cancel it.

Where do you find a qualified appraiser?

Your bank or lending institution will find and hire an appraiser; Federal regulatory guidelines do not allow borrowers to order and provide an appraisal to a bank for lending purposes. If you want an appraisal for your own personal reasons, and not to secure a mortgage or buy a homeowner’s insurance policy, you can do the hiring yourself. You can contact your lending institution and they can recommend qualified appraisers and you can choose one yourself or you can call your local Windermere Real Estate agent and they can make a recommendation for you. Once you have the name of some appraisers you can verify their status on the Federal Appraisal Subcommittee website: https://www.asc.gov/National-Registry/NationalRegistry.aspx

Tips for hassle-free appraisals:

What can you do to make the appraisal process as smooth and efficient as possible? Make sure you provide your appraiser with the information he or she needs to get the job done. Get out your important documents and start checking off a list that includes the following:

  • A brief explanation of why you’re getting an appraisal
  • The date you’d like your appraisal to be completed
  • A copy of your deed, survey, purchase agreement, or other papers that pertain to the property
  • If you have a mortgage, your lender, the year you got your mortgage, the amount, the type of mortgage (FHA, VA, etc.), your interest rate, and any additional financing you have
  • A copy of your current real estate tax bill, statement of special assessments, balance owing and on what (for example, sewer, water)
  • Tell your appraiser if your property is listed for sale and if so, your asking price and listing agency
  • Any personal property that is included
  • If you’re selling an income-producing property, a breakdown of income and expenses for the last year or two and a copy of leases
  • A copy of the original house plans and specifications
  • A list of recent improvements and their costs
  • Any other information you feel may be relevant

By doing your homework, compiling the information your appraiser needs, and providing it at the beginning of the process, you can minimize unnecessary phone calls and delays.

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Abundant 2-Story With Finished Basement

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Featuring 4 Bedrooms, 4 Bathrooms And A Loft!

Move-in ready 2-story with finished basement in a great southeast Fort Collins location. This 4 bedroom/ 4 bathroom home features a spacious eat-in kitchen, family room with custom stone fireplace and formal living/ dining areas. Rec room in basement with additional fireplace. Enjoy the outdoor patio with pergola and built-in fire pit. New exterior paint and new carpet. Walking distance to bike trail system and easy access to freeway, schools and shopping.

For more information, please visit: http://windermerenoco.com/listing/74602641 or call Kelly Swift at (970) 460-3033.

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Abundant 2-Story With Finished Basement

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Featuring 4 Bedrooms, 4 Bathrooms And A Loft!

Move-in ready 2-story with finished basement in a great southeast Fort Collins location. This 4 bedroom/ 4 bathroom home features a spacious eat-in kitchen, family room with custom stone fireplace and formal living/ dining areas. Rec room in basement with additional fireplace. Enjoy the outdoor patio with pergola and built-in fire pit. New exterior paint and new carpet. Walking distance to bike trail system and easy access to freeway, schools and shopping.

For more information, please visit: http://windermerenoco.com/listing/74602641 or call Kelly Swift at (970) 460-3033.

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Brand New Home With Stunning Finishes

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Featuring 3 Bedrooms, 2 Bathrooms And Engineered Hardwoods!

$26,000 in complimentary upgrades! Beautiful, highly upgraded custom-built home loaded with extras ~ thoughtful professional kitchen design with stainless appliances, soft close doors/ drawers, solid quartz counter tops and engineered wood floors (25 yr warranty). Inviting and open great room with gas fireplace. Master suite offers luxury bathroom and his/ her closets. Giant lot. Neighborhood offers pool, clubhouse with work-out facility, miles of trails and open space.

For more information, please visit: http://windermerenoco.com/listing/74601021 or call Kyle Basnar at (970) 460-3033.

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