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What is a short sale or short pay?
A "short pay" or "short sale" is when a lender accepts less than the total
amount they are owed as full and final settlement of all
obligations. In addition, short sales almost always
result in no "deficiency judgment" against you. If a
foreclosure sale is completed and a house sells for less than
the mortgage balance, the seller can be liable for any
"deficiency". In addition, one of the benefits of a
short sale is that it eliminates ongoing late payments on your
credit report which accumulate during a lengthy foreclosure
proceeding.
Other key points regarding short sales are:
- Generally, a lender accepting less than the amount owing
on their loan balance will not permit the seller to receive
any cash proceeds
- Lenders are not obligated to accept a short sale.
- Many homeowners hire Realtors® listed on this site because
they have negotiated "short pays" in the past. The short pay off process is a timely one and is very unlikely to take less than 30 days. For example, lenders generally require the
following information before agreeing to entertain a short
sale, including:
- A comparative market analysis
- A listing agreement from a Real Estate Office so they are convinced the home will be marketed
aggressively. Note that lenders often prefer to
work with real estate agents, not investors, because
they believe investors want to "steal" the property
while licensed real estate agents have an obligation to
represent your interests and market the property to a
wide number of potential buyers.
- A title Report and a lien search
- A hardship letter from you explaining how you got
behind on your mortgage.
- A preliminary settlement statement showing how
estimated sales proceeds are calculated.
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