About Short Sales

Past week I received a question from one person worried to receive an Eviction Notice:

“I have six months not paying my mortgage, and I am worried about it. My question is if the sheriff can take me out with my family anytime now?”

Response: An EVICTION NOTICE SIGNED BY A JUDGE FROM COURT must be shown in order to legally take you out from your home. Nobody can do this without this notice. Check your Eviction Laws, though, because every state is different, so you need to understand it very well. You can go to foreclosurelaw.org to find the legal rules for your case. Check also if your state is a JUDICIAL or NON-JUDICIAL system as this is very important to know.

Generally, this is the whole EVICTION process (some states put different names on each one):

1.- IN DEFAULT.- When you are 30 to 90 days late on your mortgage payment.

2. Notice of Default (NOD).- At 90 days late, you will receive a Notice of Default from the lender, asking for the payment or your house will be foreclosed.

3.- NOTICE OF SALE (NOS).- When you reach the 120th day being late on your payment, you will receive a Notice of Sale stating when and where will be the public sale of your home.

4. Foreclosure (FC).- After (generally) 2 months of the NOS, the foreclosure sale will be made. Some states take more months for this. (you can stay free at the property)

5.- PERIOD OF REINSTATEMENT: If your house was foreclosed, you still have a chance to find a loan to buy this property again. For this intention, many states allow you to have a Reinstatement Period on which you can also stay making no payments covered by law. NON-JUDICIAL system states dont have this rule.

6.- EVICTION: Following the foreclosure sale, or the end of the reinstatement period, you will be reached by the new title-holder of the property asking you to leave the property. If the property was bought back by the same lender, they may give you some money to leave the property clean and in good condition (this is called Cash for Key). If you don’t leave, after 30 or 45 days they can start an EVICTION PROCESS AT COURT. The Judge will send you an EVICTION NOTICE including the date when you must leave. If you dont leave that day, the sheriff will go to the property to take you out and change the locks. If they lock the doors with your belongings inside, you cannot take them out anymore.

Don’t forget you have legal rights. Homeowners can stay rent free into their home until receiving an official notice from court. See your eviction laws.

NOT EVEN A SHERIFF CAN TAKE ANY HOMEOWNER OUT FROM HIS HOME WITHOUT THIS NOTICE FROM COURT.

There are a lot of states allowing homeowners to stay into the property up 18 months without making payments to their mortgage. You need to check the laws of your state.

My best recommendation is TO LEARN HOW TO AVOID FORECLOSURE. You can do it yourself. Don?t trust on strange companies that can keep your home for them.

Disclaimer: You need to know that I am not a lawyer, or an accountant, or a tax counselor giving you lawful, tax or financial advice. This information is not a replacement for the opinion of a experienced lawyer. Even though I am a Financial Educator in the State of Arizona doing Real Estate investments, Business Coaching, Marketing Coaching, Credit Counseling, Foreclosure Prevention, Residential and Commercial Loans, Mortgage Training and Consulting since 2002, I do not say I am giving you legal counsel in this article to your explicit situation. This article is planned to instruct homeowners in failure of paying their mortgage. Nothing within this article should be interpreted to represent legal advice for your individual conditions. The information given in this article is presented only for individual information. Under no conditions this article stand for a legal counsel to market, purchase or keep any house.

In the short sale vs foreclosure comparison, it is important to look at how these two processes work. If you own a home, and stop making payments on it, the lender will begin the foreclosure process, in as little as six to eight weeks after your missed payment. If this occurs, you may need to fight the foreclosure using what is called a short sale. If your only options are a short sale or foreclosure, a short sale is often the better route to take since it offers some protection to your credit. But, what is this?

Short Sale Outlined : A short sale is a situation in which you sell your house for under what’s owed on your present mortgage. As an example, if your house is in foreclosure and you owe your bank a total of $150,000 on the property on a mortgage, the bank could foreclose on the property and then have to address attempting to sell the property. Your private credit would be destroyed in this process since you walked away from the loan. To get round this, you find a buyer who is ready to buy the home from you. The issue is, the purchaser doesn’t want to pay full cost. He agrees to pay $125,000 instead.

In a short sale agreement, the bank agrees to accept the lower payment as payment in full for the loan. You are forgiven for the loan in total and your buyer purchases the property for the concluded on cost. In this example of a short sale vs foreclosure, the simple benefit is that your credit isn’t wiped out in the short sale. However, you may still lose your house.

You could be able to get the bank to agree to a short refinance, where the bank will refinance the loan at the lower price and keep you on as the borrower. In a short refinance, a portion of the cost of the home is forgiven, which helps to lower the money payments, making it less complicated for you to make payments.

If you’re a good borrower, and something has occurred that has caused you to enter into the battle of short sale vs foreclosure, the best move to make is to work with your bank to discover a solution. A short sale might be a great answer, as would a short refinance. In either situation, you don’t need to have the negative impact of a foreclosure on your credit report. Take some time to discover what all your options are before you agree to a short sale or any kind of foreclosure.

When your house is in trouble you need to do everything you can to make sure that you don’t go into foreclosure. Yes it’s easy to just give up, but it looks terrible on your credit if you manage to lose your home in that way. Fortunately there are a few other options that you can take advantage of so that you don’t end up in more debt. One thing that you can do is opt for a short refinance.

This is a lot like a short sell, but it enables you to stay inside your house instead of being forced to leave it. Basically what occurs is you pay off your loan quickly and likely for a lower amount than common. It sounds excellent, but in fact you may just be starting another loan process.

It sounds unbelievable but there are an increasing number of lenders accepting this considering the dropping value rate of homes everywhere. It might not have been possible for you several years ago, but now it’s a real option. So perhaps you should learn about a few of the steps that are going to be required of you before you actually make this work.

It might take you some calls or long hold times to eventually find the person in charge of approving the short refinance, but tenacity always pays off! After you make contact with the correct individual, ask if they can offer you a short refinance. In the event that they approve it you must remember who you spoke to, write down their name and telephone number in the event the lending organization develops a session of absentmindedness.

The company will typically have an internet application for you to fill out, so you’ll have to do that. There will be some physical paperwork to fill out, so learn about it on the way ; you do not need to miss a single detail. The short refinance could be an advanced process, but if it implies you get to keep your home it is extremely worthwhile.

Once you get your new loan approval, you can go ahead and submit your short refinance request. This is usually a fast loan, and will be closed in no more than one week assuming your lender accepts it. Of course there is a chance that your lender will flat out say no, and this is something that you will need to be prepared for.

This isn’t precisely an orthodox technique and it could be really sophisticated. Still it’s better than going into foreclosure any day. If you are feeling you are in peril then check with your bank to work out if a short refinance is possible. It might be the best call you ever make!