How to Buy a House in a Non-Arms Length Transaction?

Table Of Content

• Buying Options
• Work With a Real Estate Lawyer to Draft and Review the Sales Contract
• Obstacles to expect during the short sale process
• Step 3: Make an offer
• Frequently Asked Questions About Short Sale Properties
• How the short sale process works
• How is my home’s current value determined during a short sale?
• Explore the pros and cons of buying this type of property

The asking price is set by the homeowner and their agent but keep in mind that the lender has the last word. If the lender feels the agreed-upon sales price is too low, they will simply not approve the sale. The asking price must reflect current market conditions and the sales price of recently sold comparable properties in the same neighborhood.

Buying Options

They can assist with and explain all aspects of the home buying process, including locating short sales. Oftentimes, buying a short sale home gives buyers the opportunity to get a good deal on a piece of real estate. These properties are also often in better condition than distressed properties. The extent of the seller’s control is a significant difference between these two processes. In a short sale, a seller will decide to submit a financial package, seeking a lender’s approval to sell the property for less than the amount they owe on it.

Work With a Real Estate Lawyer to Draft and Review the Sales Contract

Be sure to get a home inspection so you know what you’re getting yourself into. If repairs are needed, research the cost or get estimates, so you can find out if the home will make financial sense for you in the long run. Your bank may be more likely to be generous in this regard if you brought up your hardship before you were significantly behind.

Obstacles to expect during the short sale process

For example, if real estate values drop, a homeowner may end up selling a house for $150,000 when there is still $175,000 remaining to be paid on the mortgage. The difference of $25,000 (less any closing and other selling costs) is called the deficiency balance. Selling a home shortly after purchasing can be risky, primarily due to the upfront costs of buying and selling real estate. In a high-demand market like Cincinnati, it’s possible to realize a profit or at least break even in a shorter timeframe, but this requires favorable market conditions and savvy marketing.

In a foreclosure, the lender seizes the home after the borrower fails to make payments. Unlike a short sale, a foreclosure is initiated by the lender alone. Lenders can still enforce this portion either through a new note or the collection of the deficiency.

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Frequently Asked Questions About Short Sale Properties

You can avoid this by asking for a "waiver of deficiency" from the lender before the sale goes through. They provide greater investment opportunities for buyers and minimize the financial repercussions that both lenders and sellers would face if the properties went into foreclosure. Let’s take a closer look at the benefits for both buyers and sellers. Short sale properties are sold “as is,” which means you won’t be able to negotiate a lower purchase price if there are problems with the property.

How the short sale process works

If yours is a recourse loan, the bank can go after your other assets to collect on the deficiency amount left after the home sale. Lenders who instead decide to forgive the remaining debt on a recourse loan will send you a 1099 because it’s considered income. The only way to qualify for a short sale is if you currently owe more than your house is worth. However, letting your lender foreclose on your house doesn’t necessarily mean you’re freed from your mortgage debt. Depending on where you live, your lender can sue you to recoup some of what you owe.

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How is my home’s current value determined during a short sale?

The sale would short the lender $20,000 of the $180,000 (hence the term short sale), but it allows the bank to avoid foreclosure. Since short sales are transactions in which the seller owes more on the home than it’s worth, you’re going to want to find out exactly how much the seller owes the lender. Before you purchase a short sale, you must make sure that you know of every person or entity that has a claim to the property (these are called lienholders).

Explore the pros and cons of buying this type of property

Some listings may not be advertised as short sales, so you might have to look for clues within the listing. A short sale or foreclosure are two possible outcomes for homeowners who are behind on their mortgage payments, own a home that is underwater, or both. In either case, the owner is forced to part with the home, but the timeline and consequences are different. The first is the lien against the property that is used to secure the loan. The lien protects the lender in case a borrower can’t repay the loan. It gives the lending institution the right to sell the property for repayment.

Other states, like California and Oregon, don’t allow such deficiency judgments. According to Derek Bauer, a real estate broker at Real Estate One in Michigan, the short sale process varies by state, since each state has its own statutory periods and guidelines for short sales. A short sale is a type of home sale that takes place when a mortgage lender agrees to accept an amount lower than what the seller owes on the mortgage. Having a solid grasp of the short sale process and the differences between a short sale and a foreclosure is an important topic to understand when preparing for a real estate licensing exam. At the beginning of the foreclosure crisis, short sales were taking 6 months or longer. A benefit to the borrower is that this is a much simpler process than finding a buyer themselves and going through a short sale.

As a buyer, you may be able to get a home for less than its appraised value. Short sales are different than foreclosures in that during a foreclosure, the lender or a third party purchases the home and the homeowner may be evicted. If it’s accepted, you’ll then work with your own lender to get your loan underwritten and closed. Consider other options before a short sale if you think you might not be able to pay your mortgage. We believe everyone should be able to make financial decisions with confidence.

Our content is intended to be used for general information purposes only. It is very important to do your own analysis before making any investment based on your own personal circumstances and consult with your own investment, financial, tax and legal advisers. Submitting an appraisal with an offer on a short-sale property can better position you to land a deal, particularly if you're offering less than the asking price and the appraisal backs up your offer amount. In the loan approval process, they minimize risk by lending only to borrowers who meet certain strict criteria and who have solid collateral. This is something that occurred millions of times across the United States during the foreclosure crisis and eventually led to the failure of many banks, mortgage companies, and investment bankers. Believe it or not, the government and your lender don’t want you to default on your mortgage and face foreclosure—it’s bad for the economy and your lender’s bottom line.