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FORECLOSURE and NOTICE OF DEFAULT PROCESS

What is a Short Sale?

A short sale happens when the bank is shorted on a mortgage, meaning the lender accepts less than the total amount that is due. If your mortgage is $200,000, but your home, in today’s market is worth, say, $160,000, you are $40,000 short, after the sale not including costs to close the sale such as real estate commissions, recording fees or title and escrow charges. The homeowner avoids foreclosure and lessens the affect on his credit.

Why should a lender be willing to negotiate?

Reason #1

Because they want to avoid foreclosure at all costs – and here’s why. When a bank forecloses on a home it becomes a non-performing loan. This affects the amount of money a bank can borrow from the Federal Reserve. Since banks only make money by borrowing from the Fed and lending to the public, they must borrow as much as they can. Every non-performing loan reduces the amount the bank can lend to the public, affecting their bottom line profits.

Reason #2

The bank knows if the property is foreclosed, it goes to auction and is sold for what is owed or less. Think about it – if you were in their shoes, wouldn’t you rather recoup something rather than nothing at all? So for the bank a short sale creates a win-win situation for everyone involved. The bank gets some money, but more importantly they keep a non-performing loan off their books.

If you are considering selling or buying a short sale, there could be drawbacks. For your protection, I suggest you consult:

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