A short sale is a sale of real estate in which the sale proceeds fall short of the balance owed on the property’s loan and is a strategy rapidly gaining popularity in the real estate market. It is a real estate sales transaction in which the seller’s mortgage lender agrees a payoff that is less than the balance due on the loan and in which the borrower does not have to pay the difference. This agreement takes place between the seller and their lender, prior to the onset of foreclosure, allowing the home to be sold for less than the current outstanding loan balance. When a homeowner owes more on their home than it is worth, a short sale may be an option. The goal of a short sale is to help the homeowner avoid foreclosure and when both the borrower and the lender agree to the short sale process, it generally enables the avoidance of foreclosure, which involves hefty fees for the bank and poorer credit report outcomes for the borrowers. Keep in mind that, unlike bankruptcy line items, short sales do show on a credit report and can remain on your credit report for 7-10 years.

A real estate investor engaging for the first time in foreclosures and short sales will need to know exactly what a short sale is and clearly understand the process involved in a short sale. A key component for a buyer to be successful when purchasing a short sale is to make sure that they do research on the market conditions and area of the home. Although aquisition through a short sale can be a successful strategy in purchasing distressed real estate, due to the real estate market’s foreseeable inconsistencies a buyer can purchase a home and still experience additional reduction in value. Keep in mind that while Lenders want to get rid of distressed properties as soon as possible, they typically aren’t going to sell them for ridiculously low prices. It is also important to remember that it is very possible that a short sale can and will fall through if the Broker Price Opinions come in much higher than the agreed upon price.

A real estate short sale is a strategy that can help homeowners who owe more for their house than the houses are worth, and is another option of relief for troubled homeowners. Before proceeding with a short sale it is imperative to evaluate your personal situation and determine if a real estate short sale is right for you. A short sale is typically faster and less expensive than a foreclosure, but there are downsides that merit consideration as well. Sellers should be careful to consult with their lenders and tax advisers as to the impact of a short sale and clearly understand the impact of the potential outcomes. If all other options have been exhausted and a short sale is the best choice, it is highly recommended that the seller work with a licensed real estate agent who can assist in listing the home for sale. Sellers should also keep in mind that Buyers can get tired of waiting for short sale approval and cancel because banks can’t process their short sales fast enough. Buyers need to understand the current market conditions and values and work with a Realtor they trust. However, when utilized in the appropriate situations a short sale can be beneficial to all parties involved.

The Obama administration and all the agencies at its disposal are working around the clock to save troubled loans but it is simply not good or fast enough.

In the third quarter there was a 6.2% rise of all seriously delinquent (i.e. 60 days or more past due) and 3.2% increase of all loans in the process of foreclosure.

What is even scarier is that even prime mortgages, those loans with the best interest rates and conditions also rose heavily.

However banks and loan servicers do seem to have stepped on the gas a little and supported the government’s efforts through the HAMP program, or Home Affordable Modification Program. Out of every 6 troubled homeowner one received a permanent or trial loan modification. Unfortunately the homeowners that get a trial but don’t get a permanent modification make up most of that figure. The bad news is that even those who do get a permanent loan modification (31,000 out of 750,000 in the last count) half tend to re-default with 6 months. The good news is that that loan mods done in the second quarter show a lower initial re-default rate. This could be because lenders are making more generous loan modification and reducing monthly payments more aggressively to make payments more likely.

So how are mortgages performing? Badly seems to be the sad consensus. 87 percent of all US home loans are listed as performing, which obviously means 13% aren’t. Government backed mortgages are not faring much better, in some cases worse. Only 83% of the Veterans Benefits Administration loans are “performing”. Fannie and Freddie mortgages (with government backing) are not celebrating with 8% of their mortgages “not performing.

It is not all bad news. The housing market with low interest rates and a large portfolio of “cheap” homes is attracting buyers. This large inventory is likely to stay with us for a while as banks continue to try to unload their distressed properties and troubled homeowners continue to agree to “short sales”.

According to First American CoreLogic one in four home loans is still “under water” or has a mortgage that is worth more than its current value.

What is the government doing to fight this situation?

Two main strategies: 1) Keep the housing market stable by keeping the interest rates low.

2) Loan Modifications.

The first strategy does seem to be helping by encouraging buyers to invest in a new home. Loan modifications are not meeting with the expectations but the latest figures do show that re-defaulting has dropped with the latest more generous mods.

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