Orlando Short Sale Expert | Orlando Short Sales

Orlando Short-sale sellers and their agents have plenty to think about, and it is understandable if they are annoyed by the reams of paperwork that may come their way. Nonetheless, it really is important not only to pay attention to what is in the paperwork but also to be sure to retain it for possible future use. This is because of bad consequences that the seller may experience sometime after the sale has taken place.

Bad enough that a Orlando short sale involves the loss of one’s home with no equity to show for it, and a credit negative that may last for years; it also has the potential to produce two very bad after-effects. One is that the lender, or the lender’s assignee, may continue to pursue the beleaguered seller for the remainder of the debt. The other is that the I.R.S. may come knocking on the seller’s door, seeking tax on the amount of debt that was unpaid.

The first possibility is often contained in the paperwork that goes along with the seller’s ok of the short sale. The borrower may be required to sign a promissory note for the difference between the debt owed and the short sale proceeds received by the lender. Or, a lender may require the borrower to sign a paper acknowledging that the lender reserves its right to pursue the borrower for this amount.

The second possibility resides in the fact that, if a debt is forgiven, the borrower may be taxed on the amount he didn’t have to pay back. (see I.R.S. publication 4681). To be sure, there may be short sales where the debt that is unpaid is not taxable. For those exemptions, see a tax accountant.

The point here is that the short-sale seller may suffer one of those unpleasant consequences; but he ought not to suffer both.

The point is raised because here is what can happen: In allowing the short sale, the bank requires the borrower to sign a note for the difference, or to acknowledge that the bank has the right to take action to collect that amount. Also, probably sometime later, the bank sends out a 1099-C, informing the I.R.S. that a certain amount of debt had been cancelled.

NO ONE who has dealt with a short sale would raise the question: “How could this happen? The two actions contradict each other!” That is because anyone who has been through the process knows that it is common for the right hand of the bank not to know what the left hand is doing. Indeed, it is not uncommon for the right hand not to know what the right hand is doing.

This is why it is important for the seller to be sure to keep his paperwork. If he signed a document to the effect that the bank was going to pursue its unpaid interest, he should hang on to that. Then, if he receives a 1099-C saying that the debt was forgiven (and, therefore, taxable), he will have support for the claim that the 1099-C is incorrect.

Conversely, suppose that there was no specific release of the debt and that the paperwork contained no reference to it. Then, if the seller receives a 1099-C, saying the debt was cancelled, he should keep that, just in case the bank, or its assignee, comes calling a year or so later, trying to collect the debt.

None of what has been said here should be construed as tax or legal advice. I am not certified to do that sort of thing. But I hope this little piece will encourage short-sale sellers to consult with their appropriate advisors about these matters.

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Jerry LaRose is an Orlando Area Residential Real Estate Expert, who can assist you with the purchase and/or sale of Real Estate in Orlando, Windermere, Winter Garden Florida or any place in the country. Jerry has created a team of professionals throughout Orlando and the country to ensure that you enjoy a smooth transition to your new area. Please visit http://OrlandoShortSaleExpert.com or www.JerrySellsOrlando.com for your real estate needs.  Please give me a call if you have questions about the Orlando and Central Florida real estate market.

P.S. If you are listing your home as a short sale in Orange or Osceola County Florida and Orlando, Windermere, Winter Garden,  Kissimmee or Ocoee Florida make sure you hire an agent who knows how to do short sales and has the experience to get the job done. We are doing successful short sale packages. Call us at 407-580-7011 to find out more about Orange County Short Sales and Orlando Area Short Sales.

What is foreclosure?

Foreclosure is when a property owner defaults on a mortgage loan and the lender/lienholder obtains a court order allowing them to seize and resell the property. Once a foreclosure is issued the homeowner no longer has equitable rights to the property. Foreclosure notice is typically issued when a property owner is 90 days late on their mortgage payments.

Negative Affects of Foreclosure 

A foreclosure can be devastating not only to your life, but especially your credit. A foreclosure should be avoided at all cost. A foreclosure can damage your credit for up to 7 years, making it virtually impossible to get any type of conventional financing. Even if you qualify for traditional financing your interest rate, in most cases, will be so high you may end up paying double the amount of what your mortgage is actually worth.

How to STOP Foreclosure

If you are currently facing a foreclosure in Orlando, we urge you to ACT NOW! It is imperative to discuss all options that you have available to stop this process to prevent further damage. Before your home is foreclosed on it must go through the pre-foreclosure process. This will be the stage in which we can best assist you. The worst thing you can do is nothing or wait until it is too late! There may even be government funded programs or other options which would allow you to remain in your home. Please contact us immediately so that we can discuss all of your possiblities!

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Jerry LaRose is an Orlando Area Residential Real Estate Expert, who can assist you with the purchase and/or sale of Real Estate in Orlando, Windermere, Winter Garden Florida or any place in the country. Jerry has created a team of professionals throughout Orlando and the country to ensure that you enjoy a smooth transition to your new area. Please visit http://OrlandoShortSaleExpert.com or www.JerrySellsOrlando.com for your real estate needs.  Please give me a call if you have questions about the Orlando and Central Florida real estate market.

P.S. If you are listing your home as a short sale in Orange or Osceola County Florida and Orlando, Windermere, Winter Garden,  Kissimmee or Ocoee Florida make sure you hire an agent who knows how to do short sales and has the experience to get the job done. We are doing successful short sale packages. Call us at 407-580-7011 to find out more about Orange County Short Sales and Orlando Area Short Sales.

I get numerous questions weekly in regards to whether or not to Short Sell a property in the Orlando area. So, I want to post the latest question I just received and the response that I sent. Perhaps that will help when you are considering short selling your Orlando area property.

Question:

            Our hardship is that my husband and I wanted to sell the house and we can’t due to the drop in price. Our mortgage is for $242,000 and our house is currently value at about a third or a fourth of the mortgage we owe. I am still making payments on the house but we do not need the house anymore as we are not living in Florida. Due to the drop in price, we are unable to sell it, but since we do not want to ruin our credit, we are still making payment on the house. Is there a way I could short sale the house, without stop making payments on the house?

 We are current in our payments. We pay about $1700 a month, but my loan is 5/1 ARM Interest only. We have had the mortgage for 3 years (Since 7/2006), so until 7/2011, it will be interest only and I do not want to imagine what will happen, once the mortgage changes to a variable rate.

 Financially speaking, we can afford the monthly payments for now, but within the next year or so, we will be buying a house in NY and we wont be able to pay 2 houses.

Please advise.

 Answer:

One of the main considerations for a short sale is the fact that you can’t afford it. If your monthly debt’s outweigh your monthly income then you should qualify. If they aren’t then they’ll probably say no to it. You did not indicate the lender. You’ll probably want to call them and ask them their advise. Every lender that I’ve dealt with will not consider a short sale if you are current on your payments. They essentially will not accept a short sale if you’re current. again, call your lender and try to find out. My experience is no.

              In regards to not wanting to ruin your credit, well if the lender will not accept a short sale if you’re current, then you have no other option. I do not know exactly how it will affect your credit score, my previous clients are telling me between 100 – 200 point drop in score.

However, since a short sale will eventually be settled and sold this will be recorded on your credit score as settled debt for less than full  amount. I am hearing that your credit score will probably rebound to it’s current level in as short as 2 years. Also fannie mae says that you can purchase another home after approx. 2 years vs. a foreclosure it’s 5 years.

So, you have to ask yourself, do you want to take a hit for 2 years on your credit score and be done with this property or do you want to hang on to it for the next 10-15 years until such time that the market recovers to a point where you can breakeven.  That’s your ultimate question. You decide. Please let me know if I can answer any other questions.

Thanks

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Jerry LaRose is an Orlando Area Residential Real Estate Expert, who can assist you with the purchase and/or sale of Real Estate in Orlando, Windermere, Winter Garden Florida or any place in the country. Jerry has created a team of professionals throughout Orlando and the country to ensure that you enjoy a smooth transition to your new area. Please visit http://OrlandoShortSaleExpert.com or www.JerrySellsOrlando.com for your real estate needs.  Please give me a call if you have questions about the Orlando and Central Florida real estate market.

P.S. If you are listing your home as a short sale in Orange or Osceola County Florida and Orlando, Windermere, Winter Garden,  Kissimmee or Ocoee Florida make sure you hire an agent who knows how to do short sales and has the experience to get the job done. We are doing successful short sale packages. Call us at 407-580-7011 to find out more about Orange County Short Sales and Orlando Area Short Sales.

1. Your credit score may fall 100 points or more.

2. You may be asked to sign a note or take a new loan for the amount of the short fall.

3. The lender may get a judgement against you for the amount of the short fall.

4. You may have to pay income taxes on the amount of the shortfall – it could be taxed as income to you.

5. Understand that you will have to prove that you cannot pay. Similar to how you qualified for the loan, but now you have to prove that you cannot afford this loan. What’s changed/

6. Understand that big discrepancies or a big gap between your income/assets used to obtain the loan may indicate mortgage fraud, unless employment or expense circumstances have drastically changed.

7.You will need to get in writing from the lender that they will approve your contract for a lower payoff.

8. Some lenders won’t talk to you until you’re behind in payments on your mortgage.

9. Make sure you and your realtor disclose everything to the buyers on the front end.

10. Contract must contain ad addendum stating that the sale is contingent upon approval by the seller’s lender of a reduced loan payoff.

11. Property should be sold “AS-IS” to make it as simple as possible for the lender.

12. The home should be listed for sale close to market value at first and the price reduced over several weeks, showing the lender that you tried to sell higher and no one bit on the higher price.

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Jerry LaRose is an Orlando Area Residential Real Estate Expert, who can assist you with the purchase and/or sale of Real Estate in Orlando, Windermere, Winter Garden Florida or any place in the country. Jerry has created a team of professionals throughout Orlando and the country to ensure that you enjoy a smooth transition to your new area. Please visit www.JerrySellsOrlando.com for your real estate needs.  Please give me a call if you have questions about the Orlando and Central Florida real estate market.

P.S. If you are listing your home as a short sale in Orange County Florida and Orlando, Windermere, Winter Garden,  or Ocoee Florida make sure you hire an agent who knows how to do short sales and has the experience to get the job done. We are doing successful short sale packages. Call us at 407-580-7011 to find out more about Orange County Short Sales and Orlando Area Short Sales.