June 16, 2008

Shortsale – Failing to Rescue

Look, it’s a bird, it’s a plane, its…..

Superhero Shortsale   Failing to RescueFaster than a speeding bullet….

At some point in our life, each of us has tried to emulate a superhero.  In our childhood we probably sported some concoction of tights, a cape made of a dish towel and maybe even goggles that were actually a ski mask.  We’d skillfully put together our costume only to find that when we looked in the mirror we were in sorry shape to rescue anyone.  In fact, we looked just as though we were more ready to scrub the kitchen floors rather than protect all of mankind.

Well, for homeowners, the short sale used to be such a superhero.  It was a respectful way of sorts to bail out a troubled seller and the banks, while losing some money, were usually able to recoop more than if the house went into full blown foreclosure.

The LA Times published a piece this weekend highlighting how the shortsale fails to demonstrate superhero skills and has often become a stressful, long, drawn out process for all involved. 

For sellers this is a way to try and get out of a sticky situation without foreclosing, for the bank, they typically lose less money than in a foreclosure and buyers can usually nab up a good deal.  So what’s the problem?  Too many – the banks are overwhelmed and the system is just taking too long to get anything done.

According to the article:
   Once sellers have an offer, they must assemble a package to present to the bank, including a “hardship letter” explaining why they had to put the house up for sale — loss of employment, a spousal death, a divorce, a disability or a mortgage resetting, for example — and asking the bank to accept a short sale, according to a Countrywide spokeswoman.

And that’s only the first step in the process – the approval.  Mind you, this is after the sellers have already gotten an offer, which is no easy task in this market.  Then there’s the rest of the paperwork and waiting game.  Buyers are stuck waiting out fluctuating interest rates, the bank to approve counter offers, etc.  It seems the bargain hunter buyers often just get fed up with the long wait and move on to look for another basement priced property to buy. 

So for those of you on the hunt for a great deal or those of having trouble making your mortgage payments looking for a super rescue and are considering a short sale – it can be an excellent way to go, but it can also be a long frustrating process.  Be sure to consider all your options, hope for the best and prepare for the worst! 


  • Dillon
    I agree with Sheila that for someone who doesn't know, the term "short sale" implies a faster sale. Perhaps they should call it "long sale" instead. :) Or maybe "contingent sale", "third-party sale", or some other term that would indicate a more involved process.
  • Sheila
    Good thoughts Luis. There can definitely be an advantage, but people have to be aware of the risks and timelines going in - and these days many aren't. I think that's why this was making news in the LA Times. Most people thing a "short" sale means the timeline and ease, when that couldn't be further from the truth in many (but not all!) cases. Particularly because the banks and the legal teams they use are totally overwhelmed right now, which only further complicates matters.
  • A short sale is an extended process, but if conducted correctly, it can be extremely beneficial for both the Seller and the Buyer. There have been situations where we have lien holder approval within 30 days and closed escrow 60 days after it was listed, but there are other situations where the process takes months to receive a response, if any. As you stated, what is important in a short sale transaction or any other, is that each party involved is thoroughly educated about the transaction from the very beginning and throughout it in addition to having sought the advice from other pertinent professionals; lawyers, tax advisor etc.
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