A short sale is a transaction in which the homeowner sells a property for less than what is owed and the lenders voluntarily take a loss and forgive the unpaid portion of the debt. Short sales only take place when the value of the property is less than what is owed to the lender, and the owner is insolvent. A property worth less than what is owed is "over-mortgaged".
A short sale is right when an insolvent homeowner in default owes more to a lender than what the property is worth. The homeowner is unable in any way to pay for the complete loan balance. In these circumstances, the lender is in the unfortunate position of facing losses regardless. For the lender, foreclosure will not bring enough funds to payoff the debt. Collecting losses from an insolvent owner is a difficult proposition. Because of this, the lender is better off forgiving the debt.
Based on the explanation above, a short sale is right for the homeowner if:
Short sales are not a good alternative for the homeowner if:
Under the circumstances just mentioned, most lenders will not allow a short sale. Because the homeowner has payment capacity, the lender will not forgive any debt. A good alternative for the homeowner in this position is a release of lien. In a release of lien, the property is sold for less than what is owed, but the homeowner still owes to the lender. To pay for that balance, the homeowner enters into a payment plan.
Foreclosures are hostile, lengthy and costly transactions. Short sales are faster, more amiable, and have a lower cost. Because of this, lenders facing insolvent homeowners with over-mortgaged properties commonly accept short sales. If the homeowner can in any way pay, the lender will typically only allow a release of lien. If a short sale is not right for the homeowner, most likely a release of lien is. A foreclosure is almost always a bad choice.
www.bestshortsales.com, www.nwlossmit.com, www.oscarpdx.com
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We just completed another last minute foreclosure stop. If you are in the Portland area I can definetly help you. We sometimes do King County (Seattle area) stops as well. Call me a few days in advance if possible. If you are about to get foreclosed, call me right away at 971-222-3734. I will most likely answer. I take this urgencies seriously.
What you need to do is keep track of the date and time of the sale. This varies constantly. We stop the foreclosure sale that same day. I know it is nerve wrecking, but that is how it works. For more info go to my web site www.NWLossMit.com
Oscar Morante
971-222-3734
M:
It was good talking to you. I am glad Allie and you are on top of this and resolving the situation. Hopefully what I explained you about loan modifications will help in your decision process. As I mentioned, maybe you should consider also consulting with a bankruptcy attorney. B a very seasoned bankruptcy attorney, understands real estate and the self employed well. He sees situations like yours very often. It would be a good investment to speak to someone like him prior to making further decisions. That way you will have all the cards on the table. Chances are that we can still do a loan modification if you happen to do a Chapter 13 BK.
Your interest rate is so high, there is definitely space to trim. For the bank to approve a loan modification, you will have to reduce your debt to income very significantly. Otherwise the banks will look at your situation as un-fixable and not approve.
Please don't consider anything I say as legal, accounting or tax advise.
Oscar Morante
971-222-3734
www.modificationsloan.net www.oscarpdx.com www.modificaciones.net www.bestshortsales.com
D:
It was good taking to you. I am glad you are interested in loan modifications. I can help you with this as well as with debt settlement if you have much unsecured debt. Dealing with you adjustable rate mortgage should not be too hard. If you are very tight right now, maybe we can help you settle your unsecured debt. Now, that will mess up your credit. So it depends on your financial urgencies. $10K in total unsecured debt is not that much.
Attached is an loan mod qualification form. Please complete it and fax it back to me. I can be more precise once I have those numbers. I look forward to helping you.
Sincerely,
Oscar Morante
971-222-3734
www.modificationsloan.net www.oscarpdx.com www.modificaciones.net www.bestshortsales.com
J:
Here is my estimate for your loan modification. Your project has multiple variables and entities to deal with. I usually give much simpler proposals. You are helpable and we are willing to work with you. Call me at 971-222-3734 or email me at info@nwlossmit.com
This is the process:
Your mortgages seem to be part of the BK. Because of that, a BK attorney may have to petition a stipulated motion for relief of stay. That should not be too hard. Once that is in place we can negotiate with the creditors. There is a chance that your BK plan will be modified if there is a successful loan modification. Hopefully that will allow you to pay off your creditors sooner and leave a little bit more money for your daily expenses.
Legal Expenses
BK Attorney Fees: $300 to $600 paid directly to BK attorney
Filing Fees: At least $150 (most likely) to $500 (less likely)
Note:
You may want to use your own BK attorney. However, I don't know her, and the foreclosure business is not for everybody. I prefer to use my attorney contacts. My attorney contact will have to speak with your attorney. Your attorney may want to charge your for this. I don't know.
Loan Modification Expenses
Loan Audit: $600 for one or two loans (non-refundable) - Important tool when dealing with high interest rate loans.
Negotiation: $3300 ($1500 refundable in case of no success)
Bonus: $500 additional reward if we get you a rate lower that 4% or lower your total current mortgage to 35% or less of your current payment.
Jackie, this is my opinion. There is a very high chance that we can get lower your mortgage to between 6% to 8% interest rates. However, we will be shooting for 4% or less and / or principal reduction. Because of the bankruptcy, there are more complications than usual in this transaction. That is why the cost is higher and there is less refund. I will also try to get the attorney, if possible, to fit part of the legal expenses into the bankruptcy, that way you will have less up front cost. Even like this, if you look around well, we are coming out very competitive.
Please consider that this is a negotiation. We can't promise because we don't own the bank. What we do promise is professional competence. I have a pretty good team and work according to Oregon law. Expect 120 days. If you are not paying mortgage, keep the money, you will need it. Once we have response from the bank, you will need to make up your mind within around 72 hours and start paying the mortgage at the new rate.
Please do not take any of this as legal, tax or accounting advice.
I look forward to your reply.
Sincerely,
Oscar Morante
971-222-3734
www.oscarpdx.com www.modificationsloan.com www.modificaciones.net www.bestshortsales.com
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