Short Sales

Short Sales Vs Foreclosures Vs Traditional sales

We need to understand that while the current economy is really a “Tale Of Two Cities” in that some people have no idea we are in a recession whereas others are in deep pain, the real estate market as a whole is being impacted by distressed properties. Based on the current backlog of homes, it may be this way for some time. That being said, why are short sales being embraced by everyone as the most economical way to move markets forward? When you look at a comparison of the loss incurred by the lender, you will see that losses are generally worse with a foreclosure. Larger losses via lower sales prices ultimately impacts everyone who is buying, selling or refinancing. I have a report and flyer I’d like to share. Both provide you with opinions and resources so you can draw your own conclusions. Solving the housing problem starts with understanding the problem as well as exploring viable solutions.

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Short Sales

No Gain or Loss Needs to Be Recognized in Securities Loan Transaction for Short Sales

The Tax Court recently reiterated its position with respect to non-recognition of the loan of securities by one to another person, such as a broker or investor engaging in a short sale. The Tax Court rules that such a loan does not constitute a “sale” for which capital gains would otherwise be realized. The Court set forth the terms of the loan agreement that must be agreed to by the parties under Section 1058(b), including (1) the return to the owner of identical securities that were transferred to the borrower, (2) payments must be made to the owner of the shares equal to all interest, dividends and other distributions which the owner of the securities would otherwise be entitled to receive, if any, during the loan period, (3) the owner’s risk of loss or opportunity for gain remains the same, and (4) the agreement complies with all requirements under the Tax Regulations. See Henry Samueli et al v. C.I.R., 132 T.C. No. 4 (2011).

Under the proposed regulations, the payments compensating the owner of the securities for interest, dividends and any other distributions are treated as “a fee for the temporary use of property” and not as interest or dividend income, except for those instances where the borrower defaults under the loan agreement or fails to deliver any consideration to the lender of the securities. In these limited circumstances, gain or loss must be recognized by the lender at the time of the borrower’s default.

This article was written by a friend of mine, Steve Katkov. Steve Katkov is Senior Vice President and General Counsel for Commercial Partners Exchange Company (CPEC), a national qualified intermediary facilitating tax-deferred exchanges of both real and personal property pursuant to Section 1031 of the Internal Revenue Code. He has been involved in thousands of 1031 exchanges of real and personal property, including complex reverse and improvement exchanges. His client list includes Fortune 100® companies and some of the nation’s largest privately held corporations. Prior to joining CPEC, Steve served for more than six years as a Vice President/Regional Manager for First American Exchange Co. (a subsidiary of First American Title Ins. Co.).

Steve Katkov, SVP (612) 419-6118
Commercial Partners Exchange Co.
1300 U.S. Bank Plaza
220 South Sixth Street
Minneapolis, MN 55402

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Short Sales

Short Sales, Foreclosures, Bankruptcies, Judgements All in one Transaction

I just had a short sale blow up because of undisclosed tax liens and judgements. The title couldn’t be cleared and we ended up with a mess. Everyone involved has to dismantle and start over again. I couldn’t help but be disappointed. But, in today’s real estate world this is common. It is all about attitude. When life throws you lemons, learn to make lemonade. Yes, it is more complicated than that. Take a look at this video and share it with someone who may have had a set back. It is really powerful and inspirational

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Short Sales

Projected Loss Severity Of A Foreclosure-both 2010 & 2011

Short sales are probably going to be the loss mitigation method of choice.  When you look at the loss severity of a foreclosure, you can see why some other method might be preferable.  Look at the Fitch ratings report here and see for yourself.  This may be useful information when negotiating with the banks and servicer.

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Short Sales

Short Sales Are Today’s Investor Opportunity

Short sales can be win win transactions for everyone. Take a look at the video and give me a call to get started.

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Short Sales

How Do Short Sales Work?

By Andy Asbury

A Short Sale in Real Estate is a transaction in which a seller owes more money on a property than a buyer is willing to pay and the seller’s lender mediates to allow for the sale to occur. Technically, “short sales” pertain to conventional mortgage loans. Lenders use the phrase “pre-foreclosure sale” in reference to FHA loans.

I am a real estate agent focused on the downtown loft and condominium market in the Twin Cities of Minnesota. Fortunately, short sales are a fraction of home sale totals and are less common in the downtown market than in most areas across the metropolitan. However with current market conditions no area is immune to short sales.

If you are unable to make monthly payments on your mortgage for any reason, contact your lender to learn specific details about the process. Familiarity with the steps involved will help you think through the option rationally. It can be difficult to consider selling a home you have invested in heavily, both financially and emotionally. If you currently are unemployed, you probably spend more time at home than you ever have before. In a cruel paradox, this increases your emotional attachment to this home!

However, a short sale might become the best option if it allows you to move forward with life once again. As part of its formal process, your lender will collect many documents from you. These might include a hardship letter, a listing contract with a real estate firm, detailed personal budget statements, and copies of recent pay stubs and bank records.

Interestingly, hardship can include job relocation which often pertains to the condominium market. A large segment of condo dwellers are more prone to relocation since they tend to be young professionals looking to advance their career and generally have fewer people in their households which would directly by affected by the life change.

In the best case scenario, once you get an offer, your loan company will accept that amount in lieu of the loan payoff amount. It may even do so after subtracting your selling expenses.

Be forewarned that some lenders have better and more straightforward processes than others. Some realtors specialize in short sales because the transactions can become so complicated. Even after a sale is closed, questions can linger whether the debt was fully released if the seller was not educated thoroughly.

Other minuses: Experts say, a short sale can damage your credit rating between 75 and 100 points. Also in some cases, the amount of money written off may translate into 1099 income, in other words, taxable income. Though unpleasant, it could be preferable to owing the entire loan amount.

The down turn in the housing market can mean it is a good time to investigate the Minneapolis real estate market as a buyer. If you are ready to look for Minneapolis condos for sale, team up with Lofts and Condos Realtor Andy Asbury for expert advice and insight via http://www.minnesotaloftsandcondos.com today.

Article Source: http://EzineArticles.com/?expert=Andy_Asbury
http://EzineArticles.com/?How-Do-Short-Sales-Work?&id=4845078

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Short Sales

HAFA Is Here & NOW- Additional Assistance On Getting Short Sales Completed

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Short Sales

Looking at Short Sales and Understanding Your Options

With the economy in the shape that it is in and with foreclosures happening left and right, you need to be in a position where you know what is going on with your finances and what it might be doing to your ability to pay your mortgage.  A foreclosure is very close to being a homeowner’s worst nightmare, but even when losing your house is inevitable, you will find that there are choices that you can make that will cushion the fall.  Consider what your options are going to be and really take some time to research what your choices are.  Foreclosure is not necessarily the only choice that you have, and by making sure that you are educated on the subject, you will find that it is much easier to get the results that will see you towards recovery sooner.

In the first place, consider what your options are when it comes to a short sale.  Essentially, when you do a short sale, you are selling your home for the remainder of the amount of the mortgage.  It can be quite hard to get the lender to agree to this sort of loan because they will often end up losing money on it.   Do not assume that this is a possibility unless you have been talking with your lender and being open and clear on the communication that is going back and forth between you.  Take some time and really consider how your relationship with your lender is, and remember that the earlier you initiate proceedings, the easier it will be to get this kind of loan.  Essentially, you are asking the bank or lending institution to take a lower pay off.

While doing this can stop the foreclosure, keep in mind that it is not an ideal situation.  You will discover that you will still end up losing your home and your credit score will still sink around three hundred points.  On the other hand, you will be able to qualify for a government secured loan much more quickly than you would have been if you were dealing with a foreclosure and you will be able to maintain a great deal more control over the procedure.  The decision to go ahead with a short sale is something that many people have to think about, but if you want a mortgage foreclosure canceled, this may be just what you need to do.

A short sale is something that may be discussed when you are dealing with an upside down loan.  With an upside down loan, you will find yourself in the awful position of owing more on a property than it is properly worth. Though it seems counter-intuitive, you’ll find that there are a number of ways that this might happen.  The most common way that people find themselves in upside down loans today is due to the faltering housing market.  More and more people are realizing that they have loans on houses that would sell for a great deal less money than when they bought them.  If you find yourself in this situation, a short sale might be your only option when it comes to getting a mortgage foreclosure canceled.

Remember that there are many qualifications that need to met before you can get a short sale.  The first and best thing that you can do to make sure that you have a better chance of getting one is to talk with your lender right away.  As soon as you are sure that you are going to be missing a payment, call your lender to talk about the options that you have.  Remember that when you are dealing with the lender that you are essentially asking them to take a loss.  You may need to pitch it in such a way as to tell them that the loss that they are going to be taking this way is still less than the loss that they would be taking otherwise.  It is not a pleasant conversation to have, but in many ways, it is a necessary one.

Be aware that when you are applying for the possibility of a short loan that you need to consider being able to write a hardship letter.  Essentially, a hardship letter presents your situation to them in a blunt and straightforward and lets them know a little bit about what you are gong through. It should be honest and it should tell them all the details that they need.  You are using this letter to let them know that the situation that you have encountered is beyond your control.  Things that may be included may be the loss of a job, a death the family, or an illness that has caused problems in your life.  When writing this letter, make sure that you do not fall into the trap of complaining about the company that has loaned you the money or how they have made your situation worse.

If you are looking into applying for a short loan, you may also find that it would work in your favor to get to get a third party on your side.  To this end, you may wish to consult with a representative of the Homeowners Preservation Foundation or HOPE NOW, which are two non-profit agencies that can give you the counseling that you need to get you through this difficult time.  They may be able to provide you with advice that you were not aware or resources that you did not know were available.

Consider what your options and make sure that you do not fall into the trap of thinking that you have no choice at all.

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