About a year and a half ago, I attended a day long seminar on foreclosures. Short sales happened to be a secondary topic. Led by an asset management company who listed foreclosures, they recommended it would be a good idea to do short sales. That was the first I had heard of them so I kept increasing my knowledge of the short sale process until I finally successfully closed my first one. For an explanation of a short sale, click here. If you are a buyer and want to know the ins and outs of buying a short sale, click here.
It seems that every other listing now says "subject to third party approval". So not a surprise when our title company teamed up with a law firm to assist with short sales. The law firm consults with sellers as part of an upfront fee that the seller pays. The title company will collect the hardship package, contact the bank/lender and continue to facilitate the short sale. However, not all are companies promoting short sale services are equal.
A new title company (soliciting my business) recommended a third party who turned out to be a company that negotiated for an investor. They find out how low the bank will go, sell to an investor and make their money on a percentage of the profit when the investor buys (very simplistic explanation). I received an offer on one of my short sale listings (far below the home's value) which was contingent the buyer's representative taking over the process. On the first scenario, it was my buyer and I was suspicious when they wanted to make sure that my broker would sign the HUD. I realized they were doing something similar to the investor scenario I described. While it is very tempting to have someone deal with all the paperwork, agents want to be careful when turning the process over to a third party. It is a must for Sellers and buyers to get representation from a Realtor experienced with short sales. Successfully closing and protecting credit is the ultimate goal.
There were a couple of things I learned from the lawyer affiliated with our Title company. The bill to extend the Mortgage Debt Relief Act of 2007 which "allows taxpayers to exclude income from the discharge of debt on their principal residence" has been extended to 2012. The lawyer also said that he has been seeing a change in the amount being recorded on a Sherriff's sale. Previously the lender recorded what was owed on the property. Essentially this establishes the debt as paid since the initial debt has been recorded in a sale. However, he is seeing lenders entering a low amount which allows them to go after the debt since technically they recouped less than the amount owed. He suspects that they may start packaging them and sell these to debt collection agencies.
While everyone (agents, sellers & buyers) should thoroughly read all closing documents, it is vital to take extra care in short sales. The lender will agree to the short sale and release the mortgage but may not cancel the note or obligation to pay any deficiency balance (in light of paragraph above). The lender may have written in some sort of agreement for the seller to pay back the deficiency amount. While they can forgive it entirely, this is negotiable and lenders may agree to a reduced cash amount to be paid immediately or for a balance (negotiated) to be paid in some sort of note.
For things to know if you are buying a short sale, click here.
Metro Detroit Realtor selling Real Estate in Southeastern Michigan. TishHouse sells Houses - selling Oakland County Real Estate with RE/MAX Showcase Homes in Birmingham, Michigan. Helping People in a challenging market by specializing in Short Sales. See what my clients have to say about my extraordinary customer service. Follow me on Twitter.

What is a Short Sale?
The importance of staging a home has come up more and more in my conversations when listing a home. I know enough to tell clients to take away the clutter including pictures on the refrigerator-have as much space as possible for the prospective buyers to imagine themselves in the home-not to mention painting, upkeep and cleanliness. I can walk through a home and know when it looks off kilter or dominated by excessive furniture etc. What came up recently for me was how does it look in the pictures I take - is there a sense of space and openness when people view it online. I take a lot of pictures and post the best ones but it got me thinking-what else can I learn about something I thought I knew already.