March 8, 2008
Mortgage short sale stay in home?
Every day I get numerous emails from folks who are in financial trouble. I also get requests for interviews from the press, television and radio. I was quoted this week in a Financial Times article on mortgage walkaways, and CBS Morning Show contacted me to see if I can appear. I will see if I can. I do have a trip planned with my family out of country so I am not sure if I can meet their schedule this time around.
And speaking of emails, I have an interesting one today that I figured I'd share with you as it has a lot in it that you will find interesting. As always, I am changing the wording and the situation slightly to avoid any hint of who this person is. We'll call him "George".
Thank you for sending me this in formation. But, I do have one question that has not yet been addressed. Can I do a short sale on my 1st mortgage (I also have a second) and keep our home. Not sell it and move out. We have NO equity. You can clearly see that we owe far more than what the home is worth. And this is not taking into account a new appraisal that would be done today giving a lower value.We also have 55,000 (about $1300. a month) of credit card debt that we cannot afford anymore (we are very close to hiring a debt negotiation firm to see if they can help us or if we need to file chapt 13 or 7). We have no assets and we are paying $2800 in old debts. This does not count utilities. And our income is about $3000 per month!
Okay, well, George, here is my answer.
Let's take the first thing you mentioned. You ask if you can sell your house in a short sale and stay in the house? The answer is no. Lenders are not willing to lower the amount you owe and let you benefit in any way by remaining in the property.
A short sale involves selling the property and paying costs such as lawyers, title, settlement expenses and realtor commissions. The rest of the money from the short sale goes to the lender. If there are two lenders, the first mortgage gets most of the money usually. The second mortgage holder gets a little, just enough so they are willing to release the lien they have on the property and let the buyer get clear title.
If lenders let people stay in their house while reducing what they owe, this would be called a principal reduction. Lenders are not willing to do these. Yet. Who knows, maybe they will start. But if they did, millions of homeowners will line up to get their loan balances reduced and I think the lenders would face a financial Armageddon. As if they aren't already.
So you can do a short sale and then get out of this debt. There is never a guarantee the short sale will go through. But by doing the short sale in a systematic way, you raise your chances. And as you describe things in your financial life, you leave the lender no choice. You can walk away or you can help the lender.
How short sales help the lenders
Our Fed chairman, Mr. Ben Bernanke, recently explained in a long, droning speech, how lenders face 50% losses when they foreclose. They lose money in the form of:
- lost mortgage payments
- foreclosure expenses and legal costs
- eviction expenses if they have to get you out of the house
- maintaining an empty house
- fixing up the house
- marketing it
- paying property taxes on it
- paying real estate agents to sell it
The mortgage lenders we deal with on a daily basis are brain dead when it comes to selling. They are afraid to sell a house for too low a price. As a result, when they get a house back, they end up keeping it for a long time. And paying taxes, maintenance and all the other expenses including interest on the money they have out. 50% is probably conservative, Mr. Bernanke.
Now, on the other hand, if you sell the house in a short sale, the lender takes the loss but they don't have the house back. They will end up better off than if they have to take back and then sell the house. In a short sale, you are doing their work for them. You are making a bad situation a bit better. That also gives you a bit of negotiating room, or it should, with the lender.
So the answer is, you want to do a short sale and help to save your credit and hopefully get the mortgage lenders to release you from future liability.
Short sales and credit card debt
Now it is also a good time not only to get rid of your mortgage by doing a mortgage short sale, but also negotiating away your credit card debt. I do not suggest hiring a debt negotiating company. Most of them are scams. See dangers of credit counseling and debt counselor scams
Usually, the debt negotiators get paid a percentage of your monthly payments. So they are often out to simply get you to pay and pay and pay. It is not difficult to negotiate down your debts if you have the knowledge to do so. You can hire someone to do this and pay them a percentage of what they save you, but why bother if it's easy to do this for yourself and you save a lot in the process?
I have people who are getting large reductions in their balance. And they get positive credit reporting after a period of time. The best time to negotiate all this is when you are in maximum financial trouble. Then the creditors can deal with you on your terms because you have nothing to give them and you can prove it.
Bankruptcy is always an option. I suggest you consult a good bankruptcy lawyer and then make your own decision. Nowadays, if you don't meet the means test and other tests, you may end up with court supervised finances for years, paying back a percentage of your debts in a chapter 13. A good bankruptcy lawyer can often steer you to what you need to do to meet the means test so you get a chapter 7 discharge instead.
But why do bankruptcy if you can get out from under with it, improve your credit, and rent a nice place?
I teach you how to reduce credit card debts in my home study course, Mortgage Relief Formula. The fact is that you can get your own debts down dealing with creditors mostly through the mail. It is very hard to hire someone to do this for you.
And if you haven't already done so, please watch my video on short sales that explains how to do your short sale, keep good credit, avoid IRS tax liability, and hopefully avoid personal liability.
This is a screen shot of my video –>

Type in your email and I'll whisk you to the video — I never share your info with anyone ever
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8 Comments on Mortgage short sale stay in home? »
March 8, 2008
Credit, Debt, Life @ 2:53 pm:
I'm seeing more people that have not made a mortgage payment in 18 months or so being asked by their lenders to stay in their homes. With some many empty homes in some areas it is almost better for lenders to have someone stay and watch over the house for now.
Strange times we live in.
March 9, 2008
Jack @ 11:56 am:
I thought a short sale was done to avoid foreclosure, but in transferring the ownership rights to the lender, they can tell you to get out. Right?
March 10, 2008
Richard Geller @ 2:24 pm:
a short sale is done to prevent foreclosure and you generally can't stay in the house because it must be sold to a third party. The lender accepts a payoff that is "short" the full amount of the loans.
March 24, 2008
Don @ 7:54 pm:
I'm finding that some banks will do a principle reduction (if the home is quite under the value of the current appraised value and if its over extended in equity [ie, 100 ltv on 1st and 125 ltv on 2nd]. This is also referred to as a 'discount payoff' with the option to stay in the home. At least that is what my lender calls it on their web site (interesting as it sounds very similar to a short sale even though its not.) I'm attempting to do this with both my 1st and 2nd mortgages at this time.
April 27, 2008
Geena @ 4:08 pm:
+My home would still have equity if not for my second. I am attempting a short sale on the second and a loan modification of the first. An investor is buying my second loan for pennies on the dollar. The first is okay with this because we can stay in the home. Bottom line is–if we don't- the house could foreclose and the 2nd wouldn't get anything.
I am not on the loan for the home, just title. But I'm a realtor and have to go stated income. So basically it is impossible to get a loan on stated income (which is my husband's) He used to have great credit until the 1st house payment jumped 2 points ($3200/month to $4800/month). Trying to find rental horse property is a burden to itself.
Have you heard of a successful situation as this?
May 1, 2008
Richard Geller @ 12:57 pm:
Geena, I have bought many properties without using my own personal credit, by buying "subject to" existing financing. I will probably buy my next house that way. I don't see the point on getting on the hook for a new loan these days if you don't have to.
You are very enterprising to have come up with this creative solution and my hat is off to you.
regards
–Richard
July 22, 2008
Kandarp Oza @ 12:38 pm:
I have a question. I had loaned money to a friend of mine over a period of time and my loan is now secured by a 3rd trust deed. Howevere, he has defaulted on this first loan with WAMU and received a Notice of Default. I am thinking about making a short sales offer. Question: How much should I offer? The first loan of Wamu has balance of $915K and the second of $122K. The house is worth about 850K to 900K in today's market. How much principal reductions would the other two lenders do?
March 12, 2010
Stephanie @ 11:39 am:
I was wondering………..My husband and his brother bought our house 4 years ago, the loan being in his brothers name, but the house title in both of their names. Is it possible for His brother to get a short sale and sell it to my husband who is on the title?? Thank you!