A short sale can be a great solution for such people. The lender has to approve such a sale because they have accepted the home as collateral for the debt. How the sale works, what happens to the “short” amount, what you tax liabilities are and how to be protected from future deficiency lawsuits are the right questions to ask. Let me start with question one, how they work.

This is How a Short Sale Works

Short sales work the same as traditional sales, with one additional step. When a solid buyer and a good offer are found, it must be submitted to the lender along with an explanation of your situation and a settlement summary (HUD-1) document showing the final payout to all parties if this deal is approved.

The application also includes a HUD-1Worksheet of the expenses involved in the execution of this purchase contract, and showing the net proceeds that the lender will receive. One of the items on the HUD-1 is the payoff amount of any “junior” lien holders. Typically, these lien holders settle for a small fraction of the amount owed as their claim on the collateral is subordinate to the 1st, or senior mortgage. That, by the way, is why they always charge higher rates – they are more exposed to loss.

Your lender then reviews the application and gets their assessment of the value of the home and the appropriateness of the offer. They do this by hiring a local Realtor to provide a Broker Price Opinion (BPO) or by using the Automated Valuation Model (AVM). The AVM is a computerized estimate of net proceeds if the home goes to foreclosure and the lender must sell it themselves. Usually this evaluation takes at least 30 days.

There are common misconceptions – myths – about short sales. Here are the most common ones I hear.

1. Banks would rather foreclose than approve a short sale

This is a common error. The reality is that banks do not want to foreclose on your property because the process is lengthy and costly. After all, the lender has to sell the property on the market eventually. Banks lose less through a short sale than a foreclosure.

Myth 2 – You have to be in default to get approved for a short sale

This is not true. The factors considered are whether or not the offer is reasonable and whether or not the buyer seems qualified.

3. Short Sales take too long to succeed after the foreclosure process has begun

This is a dangerous misconception. Many homeowners fail to pursue short sales believing that it’s too late. Actually, short sales are effective workout solutions right up to trustee sale (sheriff’s sale).

Lenders welcome the short sale application as an alternative to foreclosure. It’s just better for all parties, including the community (vacant, bank-owned homes are a real problem).

Myth #4 – Listing My Home as a Short Sale is an Embarrassment

It is understandable to have reservations about letting the world know that you owe more on your home than it is worth. However, according to recent estimates, one out of five homeowners in the U.S. is in the same situation. Estimates are that 40-60% of U.S. home sales in 2009 and 2010 will be short sales or foreclosures, you are not alone.

Myth #5 – Buyers are Not Interested in Short Sales

Smart agents and their buyer-clients evaluate deals based on the facts. The fact is that short sales are a significant part of the housing inventory and often the best deals are short sales. So, this is a misconception.

Short sales will continue to be an important part of the housing market stabilization. They are better than foreclosure, for all parties involved.

Want to find out more about actually getting short sales done? Visit Rockwood’s site at Home Loan Modification

The hardest thing for a homeowner to do is admit the fact that we may not be able to save our home, but if we cannot save it, our primary goal should be to avoid foreclosure. Accepting a bank short sale in lieu of foreclosure is not the only way out – but it may be the best way out. A foreclosure could end up with us having wages garnished, other properties seized, being sued, and harassed for years to come. Not to even mention the damage to our credit. If handled by an expert, a bank short sale could settle all of these issues right now.

Either way, for the layman, a bank short sale or foreclosure can be quite stressful due to all of the complexities involved. There are attorneys, lenders, accountants, complex forms, legal jargon, and the internal revenue service to deal with. On top of that the money is tight on every side. We’ve got to remember in this situation that all parties involved are trying to get as much of their money as they can – so we’ve got to be prepared for anything. Banks are well-known for dropping surprise requests at the last second. Don’t allow yourself to be pushed around!

By having expert legal advice from the outset, we can avoid many of these last minute surprises. Don’t be fooled into thinking you can complete this process without expert advice. A bank short sale involves many aspects of law relating to taxes, lending practices, and real estate. Be sure that you have access to professionals in “each” of these areas. There are services offered by teams of attorneys, accountants, and real estate professionals that will help you complete the entire process – and then get their fees paid by the lenders. As with any service, there are good ones and bad ones – so be careful – but there are some excellent services out available.

Keep in mind is that the bank is not exactly enthusiastic about doing the short sale. Yes, they do want to avoid a foreclosure also, but their attitude towards a short sale is definitely not to be considered positive. They are trying to recoup as much as they can and at times may be rather difficult to deal with. If you keep this in mind, you’ll go a long way in understanding why certain aspects of the process move so slowly when you know in your mind that they should be moving faster. Keep a cool head and be patient. It’s going to be like trying to work out a deal with the government – they’ll answer you when they’re ready – and not a second before.

The entire short sale process is strenuous and all parties may not agree on every issue – but if we can tough it out, we’ll be the winners in the end. We’ll be successful if we avoid foreclosure and bankruptcy, get our debt forgiven, and come out without any unpaid property taxes. This is why a bank short sale is such a sweet deal. It won’t be perfect, but at least we’ll be in a position to buy another home. Completing a short sale puts us in the best position for the future. No, a bank short sale may not be the only way out, but it is one of the better options!

Anthony Mauwer’s short sale advice has helped many distressed homeowners successfully complete a bank short sale. Be sure to check out his short sale blog for tips, advice, and information on how the bank short sale can best work for you.