Short sales can be lengthy and difficult, but if you know what you're doing, you can end up with a great deal. Image: fotog/Getty Images

By preparing for a real estate short sale, you can emerge with a great home at a favorable price.
 
When sellers need to sell their home for less than they owe on their mortgage, they’re shooting for a short sale. Short sale homes can sometimes be bargains, but only if you do your homework, stay patient, and remain unemotional during the sometimes lengthy and difficult short sale process.

Here are six tips for protecting yourself emotionally and financially when bidding on a short sale.

1.    Get help from a short sale expert

A real estate agent experienced in short sales can identify which homes are being offered as short sales, help you determine a purchase price, and advise you on what to include in your offer to make the lender view it favorably. Ask agents how many buyers they’ve represented in short sales and, of those, how many successfully closed the transaction.

2.     Build a team

Ask agents to recommend real estate attorneys knowledgeable in short sales and title experts. A title officer can do a title search to identify all the liens attached to a property you’re interested in. Because each lienholder must consent to a short sale, a property with multiple liens, like first and second mortgages, mechanic’s and condominium liens, or homeowners association liens, will be harder to purchase.

A title search may cost $250 to $300 up front, but it can help weed out less desirable properties requiring multiple approvals.

3.    Know the home’s fair market value

By agreeing to a short sale, lenders are consenting to lose money on the loan they made to the sellers to purchase the home. Their goal is to keep those losses as low as possible. If your offer is dramatically less than the home’s fair market value, it may be rejected. Your agent can help you identify the price that’s good for you. The lender will determine whether approval is in its best interest.

4.    Expect delays

There are two stages to a short sale. First, the sellers must consent to your purchase offer. Then they must submit it to their lender, along with documentation to convince the lender to agree to the sale.

The lender approval process can take weeks or months, even longer if the lender counteroffers. Expect bigger delays if several lienholders are involved; each can make a counteroffer or reject your offer.

5.     Firm up your financing

Lenders will weigh your ability to close the transaction. If you’re preapproved for a mortgage, have a large downpayment, and can close at any time, they’ll consider your offer stronger than that of a buyer whose financing is less secure.

6.     Avoid contingencies

If you must sell your current home before you can close on the short-sale property, or you need to close by a firm deadline, your offer may present too many moving parts for a lender to approve it.

Also, consider ordering an inspection so you’re fully informed about the home. Keep in mind that lenders are unlikely to approve an offer seeking repairs or credits for such work. You’ll probably have to purchase the home “as is,” which means in its present condition.

This article includes general information about tax laws and consequences, but isn’t intended to be relied upon by readers as tax or legal advice applicable to particular transactions or circumstances. Consult a tax professional for such advice; tax laws may vary by jurisdiction.

Other web resources:

• More on short sales
• Real-life discussions of short sales

G.M. Filisko is an attorney and award-winning writer who luckily has avoided the need for a short sale on her properties. A frequent contributor to many national publications including Bankrate.com, REALTOR® Magazine, and the American Bar Association Journal, she specializes in real estate, business, personal finance, and legal topics.

I was struck by her comment “Mom, you’re always out there taking care of other people’s houses. I can’t believe you do that. It seems like they should be doing this stuff themselves.” My response was “Welcome to Real Estate!”

Thinking back, my open-ended job description has changed significantly over the last two-three years. Is this a result of the “economy?” A result of my own changing standards and desire to be of help to folks? Or just laziness by allowing myself to get sucked-into agree to tasks that maybe could be delegated. Hmmmmmmm

Certainly my business profile has changed:

• Most of the homes I list and market are vacant. Used to be they were almost never empty!
• The majority of my listings are the result of financial distress on the part of their owners.
• The majority of the Buyers I assist have never owned a home before.
• Most of the Buyers are young, just starting out in their real estate ownership lives.
• A significant chunk of my business (almost 40%) comes from internet exposure.
• Nothing is fast — not the marketing time of a listing, nor the “finding a house and closing the sale” time with a Buyer.

So what does that mean to the actual “practice” of real estate?

Well, it means that my job description continues to evolve. Buyers don’t jump as fast at a great house — we have to see lots of houses. And then once a house is identified, an offer is accepted, inspections are negotiated and completed, the whole nightmare of completing all of the financing tasks comes into play. Let’s see, over the last half-dozen Buyer clients I’ve had to:

• Run to a Buyer relative’s home to pick up copies of bank statements and send them to the loan officer. Why me? Well, the Buyers got called away on a family emergency and somebody had to do this now!
• Go to the local IRS office to try to get copies of tax returns when an underwriter demanded real copies at the last minute.
• Attended a oh dear! super fun septic inspection in the pouring rain only to find out that the pump didn’t work.
• Negotiated payment for the septic repair over a period of a week and ran it around to all of the various parties because, gee, we were already a week past closing and the bank was threatening to pull our short sale approval.
• And on and on ……….

Sellers generally need help. They need hand-holding. Some of them are desperate. Most are anxious:

• I spent the better part of a day mucking out a garage and yard. Why? Well, it needed to be done and the Seller was totally unable.
• Met repair people at vacant listings!
• Helped move extra furniture out of the house and into storage because … well, I have a truck available and these two single gals had no idea what I meant when I said “pack!”
• Supervised the cleaning of gutters
• Picked up replacement locks and had them changed out.
• Bought food for an abandoned fish pond and cleaned it out.
• Above all, I’ve listened and listened and listened to their anxieties.

Now WHY should an agent bother with this? My response is always … because it has to be done. Somebody has to do this. To serve my clients well, the house needs to be sold/bought, they need help to be on their way to their next step in life, to be their ear, sometimes to encourage, sometimes to nag. To serve my clients, I am their trusted advisor, their “do-er,” the one to whom they look when there are snags along the way … and sometimes even after the transaction closes.

It all comes down to service. Real Estate is a service business.

Welcome to Real Estate!