The short sale by itself is a sophisticated game. It is even more interesting when a second mortgage is involved. Often, both mortgages are with the same lender. In this case, it is processed as one and the negotiator will apply all of the paperwork and actions on both loans. If the second mortgage is with another lender, then there is more work involved.
“This leads to more questions, like quite frankly, what does this have to do with the government not being able to afford you losing your home?” Everything! One of the government’s largest tax revenue sources comes from real estate taxes. If people cannot keep or obtain new loans for homeownership, the government suffers, entitlement programs such as Social Security and Medicare suffers, which leads to more job loses and the cycle continues to domino.
1. Start the negotiation process with the first mortgage holder. Request the short sale package and provide the information required. It includes the following: purchase contract, preliminary HUD (net sheet), hardship letter, financial sheet (income and expenses), prove of income, tax returns, bank statements, preapproval letter from the buyer’s lender.
To get an answer to these queries let us learn about the procedure behind foreclosure. Foreclosure occurs when a homeowner cannot pay their mortgage. The bank which had issued the mortgage then becomes the owner of the property, and sells so that the remainder of the debt can be cleared. Hence when you buy such properties you actually relieve the bank of the burden. The bank does not aim at profit making, it is interested in getting back the amount it had given out as a loan and they want to do it quickly.
3. Make sure that the first mortgage holder is aware of all of the liens and other mortgages. This is the reason they require a preliminary HUD to go with the contract. The Title Company usually prepares the HUD. It is a settlement or net sheet that shows the lender how much they are going to net. On this sheet there should be the pay off for the second mortgage. The first mortgage holder must approve it.
If everything goes smoothly, the second mortgage gets paid something in order to release the lien. They are required to provide this release to the title company in order for the closing to happen. Both lenders will send you forms 1099-A or 1099-C. The amount forgiven is considered an income and should be included on the tax return. There is an exclusion if the house was a primary residence
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