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Jan 22, 2010 -- New regulations give banks more incentive to do shortsales

Looking for a real deal in the home market? Consider a shortsale.

A shortsale is where you work with a lender to actively market your home and sell it for less than the mortgage balance. The buyer gets a home at a great price, the bank doesn't have to absorb the expense of a foreclosure and you can walk away with only a minimal hit on your credit -- much less than if you had gone into foreclosure.

But the banks have been playing Three Stooges with the handling of shortsales. The banking industry had its own guidelines that required them to respond to shortsale offers in 45 days. Unfortunately, they weren't even able to do that in many cases.

Now new federal rules will require lenders to respond to all shortsale offers in 10 business days. That makes shortsales a very real option for many. Florida's Sun Sentinel reports that 20 percent of houses in certain parts of the state have been shortsales, while more than 40 percent were foreclosures.

As part of the new federal regulations, banks will get a kickback from the feds to push shortsales through in the 10 business days. Another federal subsidy of the banks?! Yes, but this one could actually save taxpayers money by averting foreclosure.

Unfortunately, Clark won't be able to answer any questions submitted via commenting. If you have a question, please try posting it to our message boards.

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What others are saying

  • Stop Paying Mortgage?
    Does anyone know where I can find out about real people's experience when they stop paying their mortgages in GA. How long does the lender let them stay in the house? Will the lender seek a deficiency after a foreclosure s complete? Will they seek a deficiency on a short sale? I know they have the right to seek these deficiencies, but I am not sure if they are actually utilizing it.
  • Short Sales
    Clark,

    I have heard conflicting information re Short Sales. You said that the “hit” on the Seller’s credit is less for a short sale than for a foreclosure. Have you actually checked? I have heard that even if it is less it is not significantly less.

    Another issue that no one brings up is the financial exposure to the Seller. I have also heard that as of January 1, 2010, if the lender forgives any portion of the Seller’s loan, the Seller will have to pay taxes on the amount forgiven, which could be significant. Obviously, if none is forgiven, the lender would still have the right to pursue the seller in court. Personally, if I were in the trouble causing me to consider a short sale, the foreclosure route would probably be my choice, especially if I were short on cash. I would rather have a bank after me than the IRS.
  • New Regulation
    Can you tell me when the new regulation will come into effect.
  • Short Sale
    We have been trying to buy a home Since Aug 2009.The owner was laid off work and it had been on the market since may .We made a offer but was unable to come to an agreement because he was over his head he had 2 mortgages.Then the house was up for forclosure in November the realitor offered to do a short sale now it is february and still no responce from the bank we would like to get in on the tax credit.Any suggestion on what to do now?
  • Home Foreclosure
    My home is scheduled to be sold at the court house on feb. 2. we have a sale for the house but the bank is dragging their feet and doesen't respond to anything. I keep calling so does my realtor only to be sent to another deptment only to keep the shuffel going.

    I guess its standard procedure to keep feeding us more lies until it reaches the steps of the court house.

    The bank told us they would take the house out of foreclosure if we had a offer on the home and now that we have that offer, they are telling us we need to qualify for modification loan.

    Is their no relief in sight.
  • HELOCs and 2nd mortgages
    @Andy S:
    The holder of your second mortgage wants their money now because if the bank forecloses or completes the short sale, holders of seconds and HELOCs are wiped out with no recourse in most states.

    It's a legal mess because the secondary note holders are supposed to "stay in line" in the process and not try to cut to the front with a lawsuit. That is why they get to charge much higher interest rates than the primary mortgage, it's to cover the higher risks they face in the foreclosure process.
  • I am jealous!
    I am jealous of buyers now because last year I bought a short sale after waiting for 8 months. It would have been so nice to these new regulations when I was in the market. Oh well, at least I got a good deal on my house.
  • Confusing
    If you require something there is no need for incentives or kickbacks. This sounds to be a guideline and not a new regulation. Guidelines need not be followed therefore we offer them money to please do what we ask. Don't count on it.
  • Anything but a short sale.
    We have had 6 buyers since Nov 2008 that all withdrew due to the process taking too long,sometimes as long as 10 wks. My 1st mort is with Wells Fargo who has requried the same info to be supplied numerous times, consistently claims not to have recieved or has lost info,changes people constantly,keeps it's people removed from being contacted,and is reluctant to supply status reports.We are on our 7th buyer and the bank threatens foreclosure every 1st Tue of every month as they continue to delay. My 2nd mort holder Wachovia (now owned by WF) acts like they aren't and has conducted a civil suite outside the short sale process. Does this make sense!!!
  • Sure Clark, we're just dummies
    The banks don't want to do these short sales, so they drag their feet with paper shuffling or set ridiculous prices that no one in their right mind would accept. It's all part of the "extend and pretend" policy that lets everyone make believe the banks are still solvent. If Wells Fargo, BoA, Citi, etc., had to properly value the mortgages on their books, they would be shut down by the FDIC tomorrow. Since the FDIC is broke too, that isn't really an option, so let's all play extend and pretend istead!
  • Short Sales
    I have been trying to complete a short sale since June of 2008. The mortgage is held by Wells Fargo. What may I do to get this closed?! 911
  • Be Informed
    Before a purchase, ask yourself if you would pay the same price at a normal interst rate. Because someone like yourself have to afford to pay for it when interest normalize from the current historic low. People with more money is more likely to buy in areas with more money.
  • Clark's BS
    "this one could actually save taxpayers
    money". Clark is full of BS again. Who is going to pay for the bailout? Taxpayers! Once again those who are responsible and have kept their financial house in order will bail out those who have not. And politicians will tell us how great government is. It is all BS and maybe one day Clark Howard will see thru it.
  • Short Sale Regulations
    When will this take effect?
  • Short Sales Regulations
    There is a blog on Active Rain (posted in December) about this.

    It does not divulge the source, but indicates that the lenders do not have to adhere to these regulations until April 5, 2010. That's pushing it for anyone to qualify for the tax credit.
  • Short Sale regulations
    Hi Clark -- Did they just announce this? I can't find anything online and wanted to confirm the loan types that qualify. I do hope that this will speed up the process and they will actually adhere to the 10 day limit -- it would make a WORLD of difference in the short sale market.

    As always, thanks Clark!
  • Shortsale
    Anything to keep me living mortgage free as long as possible....13 months so far and counting.
  • Where can we find these regulations?
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