|Follow us on|
Island Realty Group
|Have a Real Estate Question? 609.522.4999|
|~ SALES OF OCEAN CITY NEW JERSEY REAL ESTATE INCLUDING HOMES - CONDOS & INVESTMENT PROPERTIES ~|
A growing number of buyers are entering the market through purchases of REO/Foreclosures or Short-Sales. To better understand these purchasing vehicles we felt it best to fully define each term:
THE SHORT SALE
Extenuating circumstances influence whether or not banks will discount a loan balance. These circumstances are usually related to the current real estate market climate and the individual borrower's financial situation.
A short sale typically is executed to prevent a home foreclosure, but the decision to proceed with a short sale is predicated on the most economic way for the bank to recover the amount owed on the property. Often a bank will allow a short sale if they believe that it will result in a smaller financial loss than foreclosing as there are carrying costs that are associated with a foreclosure. A bank will typically determine the amount of equity (or lack thereof), by determining the probable selling price from a Broker Price Opinion BPO or through a valuation of an appraisal. For the home owner, advantages include avoidance of a foreclosure on their credit history and partial control of the monetary deficiency. 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, or rather a sale of a debt, generally on a piece of real estate, short of the full debt amount. It does not extinguish the remaining balance unless settlement is clearly indicated on the acceptance of offer. Often a bank will choose to allow a short sale if they believe that it will result in a smaller financial loss than foreclosing.
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 the approval of the bank's loss mitigator or the "investor" who actually backed the loan. "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 mortgagees, HELOC lenders, and HOA (special assessment liens), may need to approve of the short sale. Frequent objectors to short sales include tax liens (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 significantly 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.
Regarding the impact on one's credit, a short sale does adversely affect a person's credit report, though the negative impact is typically less than a foreclosure. Short sales are a type of settlement. Like all entries except for bankruptcy, short sales remain on a credit report for seven years. Depending upon other credit information it is typically possible to obtain another mortgage 1-3 years after a short sale.
While it is frequent if not common for a lender to forgive the balance of the loan in question, it is unlikely that a lien holder that is not a mortgagee will forgive any of their balance. Further, it is common for a lender to omit updating mortgage balances zero balance after a short sale. However, willfully misrepresenting information on a credit report can constitute libel in some jurisdictions, and lenders may be sued in civil court for engaging in this behavior.
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 OCEAN CITY FORECLOSURES and SHORT SALES
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.
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.
MAKE YOUR OFFER
Joe Zarroli is a Designated Foreclosure.com Agent for Ocean City REO, Pre-foreclosure, Foreclosure and Short Sales
Here are some examples of the recent REO/Bank-Owned and Short Sale Successes Joe has been involved in:
Click Here to Start your search for a distressed Ocean City Property