What Is A Short Sale In Real Estate? A Guide To The Process (2024)

How To Buy A Short-Sale Home: The Process For Buyers

Although the steps involved in a short-sale process are very similar to the ones in a traditional deal, the short-sale process is more complicated because of the lender’s involvement. The typical home buying journey merely requires the seller to transfer their property to the buyer in exchange for the agreed-upon purchasing price.

However, in a short sale, the transaction is in the hands of the lender, so everything tends to be more time-consuming and convoluted. Next up is a breakdown of how a short sale works.

1. Get Approved For Financing

With any short-sale home purchase, the first step is getting approved. While it’s always beneficial for buyers to obtain an initial approval before making an offer, it’s even more important in a short sale. That’s because the lender will want to ensure the new buyer is capable of purchasing the short-sale property.

2. Pair With A Real Estate Agent And Find A Home

Finding any home can take time, but it’s more challenging when your heart is set on scoring a short sale. Instead of searching through all the listings available in your desired area, focus on preforeclosure property listings online. You can also search through public records by contacting the local county court.

Identifying and navigating a short sale can be tricky, but an experienced real estate agent can help you. They can assist with and explain all aspects of the home buying process, which includes locating short sales.

3. Do Your Research

You’ll want to begin by reviewing comparable sales in the area to find out the value of the home. Real estate agents are an excellent resource for determining home value because they have access to the multiple listing service (MLS), which provides information on the prices of homes currently on the market and recently-sold homes.

Since short sales are transactions in which the homeowner owes more on the home than it’s worth, you’ll want to find out exactly how much the homeowner owes the lender. Before you purchase a short sale, you must make sure you know of every person or entity with a claim on the property (these are called lienholders.).

You can ask the homeowner, their agent or lender for this information. However, to be safe, you should also ask a title company to do a title search on the property.

4. Make An Offer

When making an offer on the property, you must use your knowledge of local home values to consider what the lender will think of your offer. You might be looking at the short sale as a way to get a deal on the home, but keep in mind that the lender is still trying to recoup as much of the remaining mortgage balance as possible – and likely also must meet investor guidelines to accept the offer. Your offer should be close to the market value of the home if you want it to be accepted.

When you’re looking at properties, beware of fraudulent activity. If the seller asks you to pay money under the table for the opportunity to apply for a short sale, refuse and report it.

5. Have The Home Inspected

Short-sale properties are sold “as is,” meaning you won’t be able to negotiate a lower purchase price if the property has issues. However, you should still know the condition of the home you’re buying before you decide to close on it. While the seller is required to disclose any known defects, this type of information can fall through the cracks.

Be sure to get a home inspection so you know what you’re getting into. If repairs are needed, research the cost or get estimates so you can find out if the home will make financial sense for you in the long run.

6. Close On The Property

Assuming the approval letter and documentation are in order, you’ll be able to close on the property, receive the keys and move in. By this stage, things should proceed normally because the lender has already done all the legwork on your offer.

Benefits Of A Short Sale In Real Estate

A short sale can be beneficial for all parties involved. It provides greater investment opportunities for buyers and minimizes the financial repercussions that both the lender and seller would face if the property went into foreclosure.

Let’s take a closer look at the benefits for both buyers and sellers.

Short-Sale Benefits For Buyers

Short-sale homes provide buyers with several advantages, which we’ll explore momentarily.

May Be Less Expensive

Although the short sale property will be priced according to market value, the lender is highly motivated to sell to cut the bank’s losses. As a result, buyers can often get a better deal on the home than they would if they purchased it in typical fashion.

A Less Competitive Market

Given the lender’s entanglement in the deal, short sales are far more complicated than traditional sales. Since most buyers aren’t experienced in short sales, they tend to shy away from them.

There’s less competition and a better chance to make an offer and get it accepted when fewer buyers are interested.

Less Risk

Buying a short-sale home could potentially be less risky than buying a foreclosed home. If you buy a short-sale home, you have an idea of what you’re getting yourself into, especially if you request a home inspection. When you buy a foreclosed home, banks aren’t required to disclose information about the home. As a result, you could later have to deal with issues you aren’t presently aware of.

Short-Sale Benefits For Sellers

How exactly do sellers stand to benefit from a short sale? Here’s how.

Foreclosure Prevention And Fewer Fees

In a typical sale, the seller pays the agents’ commission fees. However, in a short sale, the lender pays these fees. A short sale will also prevent a seller’s home from going into foreclosure. Foreclosure can have a more detrimental impact on the seller’s credit score.

Debt Absorption And Forgiveness

The short-sale home buyer will pay off much of the seller’s debt. And, it’s possible that the lender will accept the proceeds from the short sale and write off the remaining debt as a loss if there’s no equity to cover the payoff. In these cases, the seller may not be responsible for paying off whatever debt remains after the short sale.

Housing Market Reentry

Under the right circ*mstances, a short sale enables the seller to reenter the market and obtain a mortgage with a Federal Housing Administration (FHA) loan. To do this, you must have no late mortgage or other installment loan payments in the year leading up to the short sale. The same is true for the year leading up to applying for the new mortgage.

Drawbacks Of A Short Sale In Real Estate

Despite the benefits involved, a short sale can be problematic. The process is complex and drawn out, which can make the transaction riskier and have a negative impact on the finances of buyers, sellers and lenders.

What are some examples of this impact? Let’s delve a bit deeper.

Short-Sale Drawbacks For Buyers

If you’re a buyer looking to obtain a short-sale home, be sure you understand some of the drawbacks discussed in detail below.

More Time

A short sale usually takes longer than a traditional sale because of the lender’s involvement. In an attempt to recoup as much money as possible, the primary lender and any junior lienholders in the mix will take their time negotiating and closing the deal. Remember, the more lienholders involved, the longer the process will take.

Keep in mind: A seller will sometimes delay the sale because they either second-guess their decision or don’t have the necessary paperwork.

Increased Risk

Since short sales are sold “as is” without typical disclosures, such as a Seller’s Disclosure, the condition of the home and the quality of the deal aren’t always clear to the buyer. Moreover, there’s no guarantee the deal will close, so the buyer may risk spending time and money on a home they’re unable to ultimately purchase.

More Homework

A short sale requires the buyer to put in a lot more work upfront. Doing research to figure out the true value of the home, discovering all liens on the property and identifying any issues with the property’s condition are essential to determining whether the purchase is worthwhile.

Property Condition

Given that those who part with their home via short sale are financially strapped, short-sale properties tend to be in worse condition than the average home on the market. As a result, the buyer often has to spend a lot more money on repairs and improvements.

Short-Sale Drawbacks For Sellers

Although a short sale on real estate offers multiple benefits to the seller, it also comes with the drawbacks – both real and potential – detailed next.

No Negotiation Power And The Absence Of A Profit

Although a seller plays an active role in the sale of the property, they won’t have the power to negotiate the purchasing price of the home.

Since a seller owes money to the lender in excess of the market value, they likely won’t receive any of the proceeds from the home sale.

Credit Score Damage

A short sale can do real damage to a seller’s credit score. The higher your credit score, the larger the hit. However, a short sale tends to cause a seller’s credit score to drop by fewer points than it would drop with a foreclosure.

Delays In Obtaining Another Mortgage

After a short sale, a seller typically must complete a waiting period before qualifying for a new mortgage. Outside of an FHA loan, the waiting period may be anywhere from 2 – 7 years.

A Deficiency Judgment

In some circ*mstances, the lender can sue the seller in an attempt to retrieve the remaining debt after the short sale. If a seller is sued, their credit score will receive a blow similar to the blow it would receive with a foreclosure. Deficiency judgments aren’t legal in all states, however, so you may not need to worry about this.

What Is A Short Sale In Real Estate? A Guide To The Process (2024)

FAQs

What Is A Short Sale In Real Estate? A Guide To The Process? ›

A short sale in real estate is an offer of a property at an asking price that is less than the amount due on the current owner's mortgage. A short sale is usually a sign of a financially distressed homeowner who needs to sell the property before the lender seizes it in foreclosure.

What is the meaning of short sale in real estate? ›

“A short sale is when a mortgage lender agrees to accept a mortgage payoff amount less than what is owed in order to facilitate a sale of the property by a financially distressed owner. The lender forgives the remaining balance of the loan.”

What is the basic short sale procedure? ›

The lender is presented with an offer, accepted by the seller, along with a completed short sale package and narrative explaining why the short sale is necessary and desirable. The lender approves the offer and escrow closes as usual. No proceeds go to the seller.

What is the downside of a short sale on a home? ›

Disadvantages Of A Short Sale:

More complicated and a lengthier process. The sale must be lender approved. The bank or lender could pursue a deficiency judgment. Your credit score will likely drop.

Why do sellers choose a short sale? ›

Short-Sale Benefits For Sellers

However, in a short sale, the lender pays these fees. A short sale will also prevent a seller's home from going into foreclosure. Foreclosure can have a more detrimental impact on the seller's credit score. The short-sale home buyer will pay off much of the seller's debt.

What is the rule of short sale? ›

Under the short-sale rule, shorts could only be placed at a price above the most recent trade, i.e., an uptick in the share's price. With only limited exceptions, the rule forbade trading shorts on a downtick in share price. The rule was also known as the uptick rule, "plus tick rule," and tick-test rule."

What happens to the seller in a short sale? ›

All of the proceeds of a short sale go to the lender. The lender then has two options—to forgive the remaining balance or to pursue a deficiency judgment that requires the former homeowner to pay the lender all or part of the difference.

Who benefits from a short sale? ›

If you are in a position that you owe more than your home is worth and you need to sell, the biggest advantage of a short sale is that you will be able to avoid foreclosure and save your credit. If you have a foreclosure on your credit history, you have to wait at least seven years before you can get a mortgage.

Can you make an offer on a short sale? ›

In a foreclosure, the lender has already bought the property, so you'll make an offer directly to the lender, without a buyer involved. In a short sale, the home is being sold at a loss. So, while the seller still owns the property, the lender must approve any offers.

What is a simple example of a short sale? ›

For example, let's say a stock is trading at $50 a share. You borrow 100 shares and sell them for $5,000. The price subsequently declines to $25 a share, at which point you purchase 100 shares to replace those you borrowed, netting $2,500.

What's a typical reason that a seller might opt for a short sale? ›

The No. 1 reason homeowners might consider a short sale is because they're financially distressed, and the situation has deteriorated to the point that their mortgage payments have become a burden they can no longer manage.

Can a buyer negotiate a short sale? ›

You can negotiate for a favorable price on a short sale. But first, make sure you understand the interests and situation of the other parties. The lender's primary goal is to recoup sufficient money to cover the outstanding mortgage debt.

How is a short sale actually beneficial for the homeowner? ›

However, if all sides agree on a short sale, a new buyer in a better financial state could absorb some of what the original homeowner owes the lender. This would ease the original homeowner's hardship and put him in a more manageable position [source: Foust].

Do you owe money after a short sale? ›

You may still owe money after a short sale. In some cases, the lender may take legal action against you to collect the remaining balance — this is called a deficiency judgment. Some states, including California and Nevada, prohibit deficiency judgments after short sales in specific circ*mstances.

Which is the most likely consequence of a short sale? ›

You might not have the entire debt eradicated and could be responsible for the difference between what you owe and the sale price, called a deficiency judgment. If the difference is forgiven, you could be taxed on it. It is a significant credit hit.

When should a seller pursue a short sale? ›

A short sale is a situation where a homeowner is unable to continue making their mortgage payment and must sell their property when the balance of the mortgage exceeds the current value of the property.

What is an example of short selling? ›

You borrow 100 shares and sell them for $5,000. The price subsequently declines to $25 a share, at which point you purchase 100 shares to replace those you borrowed, netting $2,500. Short selling may sound straightforward, but this kind of speculative trading involves considerable risk.

Can you offer less on a short sale? ›

If you make an offer tremendously lower than the fair market value of the home, the lender could make a counteroffer, which will lengthen the process.

Do agents get paid on short sales? ›

In rare markets, a buyer may also pay agent commissions. In a short sale, the commission technically remains the responsibility of the seller, but the lender covers it with part of the sale proceeds.

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