Don't Wait for the Notice of Default Before Calling Your Sacramento Short Sale Agent

The usual scenario goes like this: An upside-down homeowner loses his job and the family scrambles to make the mortgage payments. They borrow on credit cards, ask other family members for help, sell possessions. They may ask the lender to do a loan modification and spend months trying to qualify before the lender shoots them down.

Then the bank files a Notice of Default. A few weeks before the trustee's sale, a friend suggests a short sale. Desperate, the homeowner then calls a Sacramento short sale agent, hoping for a miracle and to save what little credit the homeowner has left.

I've pulled quite a few Sacramento short sales out of the fire just moments before the home was auctioned off to the highest bidder at foreclosure. But I'm not a miracle worker, regardless of my reputation. Sometimes I can save a seller from foreclosure and sometimes I can't. It's much better to call me to list your short sale before the Notice of Default is filed.

This is how the Notice of Default works in California. Generally, the homeowner falls behind a couple months. The lender sends letters asking for payment with late fees. After 60 days or so, before the Notice of Default is filed, the lender is required to inform the homeowner in writing of its intent to pursue foreclosure. By law, this letter must be delivered to the homeowner at least 30 days before filing the Notice of Default. If you receive such a letter of intention, pick up the phone and call your Sacramento short sale agent. Don't put it off.

The Notice of Default is recorded in the public records. After 90 days, the publication period in a newspaper of general circulation begins. After 20 days, the home may go to auction on the 21st day. This means from the day you stop making your mortgage payments, you may have about 6 1/2 months before you lose your home to foreclosure.

Time is of the essence. You don't have the luxury of time when you're trying to do a Sacramento short sale. If you are trying to negotiate a Bank of America short sale, for example, on a loan that originated with Countrywide, you may need a full 6 months to get short sale approval.

So don't stuff those bank letters in a drawer hoping that it will all go away if you simply ignore what's happening because it won't. It will just get worse. Get legal and tax advice, then call your Sacramento short sale agent as soon as you possibly can. I can't guarantee that I'll be able to postpone the trustee's sale, but it's entirely possible.