A short sale is a real estate sale where the mortgage lender agrees to accept less than the full mortgage balance owed to facilitate the sale of a home of a financially distressed homeowner. The lender often forgives the remaining balance of the loan.

Done properly it can be a win for everyone involved. The Seller gets out from under a property that is worth less than the mortgage balance owed and a mortgage payment that they can no longer afford. The lender avoids the legal costs, lost income, property obligations plus, the eventual sale after foreclosure that could net them as much as 50% less than the property’s original appraised value. And, the buyer benefits by getting a property that has avoided the stigma of foreclosure and deterioration from neglect, at an attractive price.

There are however, pitfalls, issues and problems inherent in the process of buying and selling pre-foreclosure properties that you want to be aware of before entering into a transaction. An agent’s experience and knowledge can help you control the situation and reduce the inherent risks. In any market when there is turmoil there are those that will try to take an unfair advantage of the situation. In these transactions you can find opportunists trying to do sale/leaseback, lease-
purchase agreements, options, and land contracts. Keep in mind than none of these is illegal or even unethical. But, in a pre-foreclosure situation, where time is of the essence, these agreements can put a seller in the position where he has lost control of his property and could very well end up with a substantial deficiency judgement after a foreclosure.
On the buyer’s side you could end up losing your deposit, any downpayment made plus rent/purchase monies paid. In these situations, a “middleman” collected your deposit, downpayment and rent/purchase monies and failed to pay the mortgage. Now, you’re out in the cold without your cash and no place to live.
 
For more information specific to a Buyer that has an interested in purchasing “short sale” homes - click here.
 
Homeowners interested in more detailed information about the process of selling a home “short sale” can click here for more information.
 
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