Sequim Foreclosures, Port Angeles Foreclosures, and Short Sale Opportunities for Buyers
What is a short sale? A short sale is the sale of a home that is in foreclosure at a price less than the existing balance of the mortgage, which can only occur with the full cooperation of the bank holding the mortgage. The process is very involved, and frankly, it is a rare event, or at least it has been. We will undoubtedly see more short sales in the coming year.
The legal and procedural traps for the unwary are so significant that I would not recommend that a buyer try to purchase a home through a short sale without the professional help of an experienced person. By the way, most attorneys and most real estate agents are not experienced in this area. Due diligence in finding someone who can help you is critical to your success. Let me make the point this way: if you find someone who really knows how to help you purchase a home out of foreclosure, you will be ahead of the crowd of buyers, and you may be the only legitimate buyer as far as the bank is concerned.
Briefly, here is the process:
- Find and identify homes that are in default (even before the formal non-judicial foreclosure starts);
- Of course, also search for homes that are in foreclosure with plenty of lead time before the Trustee’s Sale (you need many weeks and probably a couple of months to coordinate, so if the Trustee’s Sale is around the corner, it is too late to do a short sale);
- Narrow this short list down to the one you would want to buy as your own;
- Do an accurate CMA (comparative market analysis) using “sold” homes of the same or very similar features (you’ll need access to a good database, like the local MLS);
- Find out the exact mortgage balance and the status of the default or foreclosure;
- Find out if there is a second or third mortgage (trap for the unwary);
- Find out if there are other liens (tax liens, mechanic’s lien, labor lien, state liens, etc.)
- Know how to talk to the loss mitigation department of the mortgage holder (not always a bank);
- Beware that purchasing a home in a short sale, which is before a formal foreclosure takes place, does not wipe out any subordinate loans or liens;
- You need to know which costs and fees, in addition to the mortgage balance, can be compromised and by how much (this is learned from experience);
- Put together a comprehensive package to the mortgage holder, which is the key to making all this happen. This includes the Purchase & Sale Agreement, and it includes a thorough analysis of the home, prices, the local market, and justification of the offering price (this must be very professional or your offer will be dismissed without serious consideration, and you must convince the bank they should sell at your price to you);
- Follow through with all parties and details is critical to reaching the closing table on a short sale.
Buying a foreclosure will be one of three experiences: 1.) a dead end after months of frustration, 2.) a fast way to lose money because of major mistakes in the process, or 3.) a great way to pick up a lot of equity immediately at closing because your purchase price is below the true current fair market value of the home.
Read a detailed description of the Washington Foreclosure Process
See Chuck Marunde’s detailed Deed of Trust Foreclosure Checklist
See what a Notice of Trustee’s Sale looks like here.
Read more on Foreclosures on this Blog.
Last Updated on September 1, 2019 by Chuck Marunde
Hi, I found your blog while searching the net for tax sale foreclosure properties in utah and your post on Sales and Foreclosures looks right on!
This is one of the most realistic post on short sales thanks!
You’re right, short sales can end up being very complex. Especially now when property values from 2 months ago may not reflect the current state of the market in a given area, buyers need to be careful. Getting through to the loss mitigation/foreclosure department working for the mortgage company is also an enormous challenge sometimes. Patience might be the most important ingredient in a successful short sale.