From CNN:
Banks say they want to help troubled homeowners, but they are delaying deals
that could save everyone - including the lenders themselves - a lot of time and
money.Lenders are taking much longer than necessary to approve short sales,
according to Duane LeGate, of House Buyers Network, a short sale specialist.
In a short sale, a homeowner who cannot keep up with their loan asks the
lender to take a dollar amount less than what is owed on a home's mortgage, and
forgive the remainder of the unpaid debt.So if a borrower has a mortgage balance of $100,000 and finds a buyer who will pay $95,000 for the house, the lender agrees to accept that $95,000 and close out the loan.
"There was a much greater chance of success with these in the past," said LeGate
Ideally in a short sale, everyone wins. Borrowers avoid the ugly foreclosure process
that destroys their credit, while lenders recoup more of their costs than they
would by spending the time and money it takes to kick an owner out and resell
the property.
The CNN article is worth a read, and it discusses a number of problems that sellers, investors, and agents are having as they try and get short sales approved in today’s housing market.
In our experience as closing attorneys who work with investors, the entire short sale experience differs greatly from lender to lender, and there are few industry-wide standards that can be applied when negotiating a short sale. Some lenders require that their borrower be down a payment before talking short sales. Others don’t. Some are very responsive and work quickly to get potential short sales approved. Others drag their feet. Overall, it is impossible to paint with broad strokes the attitude of the mortgage lenders toward short sales, just because individual lenders approach them very differently.
To be fair, though: the recent rise in the number of short sale requests is unprecedented, and frankly something the mortgage industry was not prepared for. While years ago a lender might have a very few individual short sale loss mitigators, today they’ve had to create entire departments, with all of the policies, procedures, and bureaucracy that entails.
Still, with home prices continuing to fall and an increasing number of homeowners finding themselves upside-down in their mortgages, short sales are becoming ever more common. As they do, one should expect those lenders who have yet to streamline their short sale processes to do so, and the overall experience to become smoother and more uniform from lender to lender.
Photo: Safe And Secure, originally uploaded by bob1217.