Northern Virginia short sale sellers can't sell to family members. Surprised by that? You shouldn't be. Many lien holders, like Wells Fargo for instance, require that short sale transactions be arm's length. That means selling to someone you don't know.
Why do short sale lien holders impose this condition? Well, if you aren't able to pay back the amount of money you borrowed, the lien holder doesn't want you to maintain the privilege of living in the property, or the ability to buy it back at a reduced price.
I was contacted by a local short sale seller's sister recently. She wanted to buy her brother's listing and had been in contact with the listing agent about it. The listing agent strongly discouraged it, but she couldn't understand why. After all, she was a real estate investor. Why wouldn't she be able to invest in the property?
Mind you, it was a one bedroom, one bathroom condo well outside the metro Washington, DC area. Not the first property that comes to mind for an investor. If she wanted to invest, there were plenty of other, better opportunities. But, the lack of arm's length was clouding her judgement. Really, she just wanted to help her brother by buying the place....exactly the kind of the thing the lien holder didn't want to happen. The last person the lien holder wants to help is the person that just defaulted on paying the mortgage and can't repay the money they borrowed.
I advised this sister it was a bad idea to even try. In the long run, she would be hurting her brother's chances of getting a viable buyer. You see, in Northern Virginia, our MLS requires that a home be placed as CONTIGENT when a ratified contract is presented to the lien holder for short sale approval. And with Bank of America and their 120 day approval period getting longer, well, that was 120 days that her brother would be unlikely to get another offer from another buyer. So why put in 120 days to soemthing we knew had a high liklihood of not being approved.
Arm's length transactions are a must when it comes to having a legitimate shot at short sale approval. Northern Virginia short sale sellers can give themselves the best chance of success by keeping their family out of any contractual dealings. That's advice you can take to the bank!
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Short sale sellers often hear the term 1099. So what exactly is a 1099?
A 1099 is a form that reports income other than wages and salary to the IRS. As a short sale seller, what can be reported to the IRS on a 1099 is the amount of forgiven debt by a lien holder. In other words, the amount not repaid, but forgiven by your mortgage holder(s) in a short sale.
When this income is reported to the IRS, you are expected to pay income tax on the money. However, many short sale sellers find tax relief in the Mortgage Debt Relief Act of 2007, that has been extended to 2012.
When considering a short sale, please consult your tax professional for information on how a 1099 can affect you.
This afternoon I traveled down I-95 to Fredericksburg, VA where I heard Special Attorney, for the Virginia Association of Realtors (VAR), Lem Marshall speak for three hours on the topic of short sales.
This was an event that Brokers from all over the region were invited to attend. And while I do not yet have my Broker's license, I was invited to attend as a state approved instructor on the subject of short sales.
I'll be posting in more detail a lot of what was discussed. For now, it is enough to know that I left the room more confident than ever in my own abilities as a short sale listing agent. It is utterly amazing to me that as we are facing the end of 2009, that more Realtors do not understand the simple logistics of short sales. It is also amazing to me that while the vast majority face failures in this arena of their own making, as listing agents, that they are the voices being heard when it comes to implementing policies for ALL.
It's Friday night and I'll save jumping off THAT diving board until tomorrow morning. Halloween seems an appropriate time to discuss short sale issues. Trick or treat. Perhaps that should be the new slogan for short sales nationwide.
The Northern Virginia Model Home Furniture Sale You Don't Want to Miss!!
Amazing Grace will be hosting the model home furniture sale to end all model home furniture sales. (Don't take that literally. This is just a doozy of a sale.) November 6-8, Amazing Grace will be at JK Moving & Storage in Sterling, VA. Items that will be sold come from multi-million dollar, professional decorated model homes. Upscale items is what you'll find here.
This is a rare sale where Amazing Grace will be taking credit cards and the odl standby--cash. No checks at this event! Delivery will also be available, unlike the other cash and carry events.
Here are the hours for this mega model home furniture sale:
Friday, Nov. 6th: 12p-5p
Saturday, Nov 7th: 9a-5p
Sunday, Nov 8th: 10a-4p
Directions to JK Moving & Storage are:
Take Route 66 to Route 28 North, past Dulles Airport, to Route 606 West. Go three miles and take a right on Mercure Circle. From there, watch for signs.
If you have specific questions about this model home furniture sale, or would like to be on the email notification list for area events, please contact Amazing Grace directly at amazinggraceinc@gmail.com.
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