Tag: Short sale

Short Sale

If you are facing foreclosure and can no longer afford your home, you may qualify for a Short Sale—even if you don’t think you can or haven’t been able to sell your home.

What is a short sale?

A short sale, also known as a pre-foreclosure sale, is when you sell your home for less than the balance remaining on your mortgage. If your mortgage company agrees to a short sale, you can sell your home and pay off all or a portion of your mortgage balance with the money you sell it. Depending on your situation, you may be required to make a financial contribution to receive a short sale.

  • You are ineligible to refinance or modify your mortgage
  • You are facing a long-term hardship
  • You are behind on your mortgage payments
  • You owe more on your home than it’s worth
  • You have not been able to sell your home at a price that covers what you still owe on your mortgage
  • You can no longer afford your home and are ready or need to leave

When is a short sale a benefit?

  • Eliminate or reduce your mortgage debt
  • Avoid the negative impact of a foreclosure
  • Start repairing your credit sooner than if you went through a foreclosure
  • May be able to get a Fannie Mae mortgage to purchase a home sooner (in as little as 2 years) than if you went through foreclosure (up to 7 years)

What is the process for a short sale?

If you qualify for this option, the process is similar to a normal real estate sales transaction. You will work with a real estate agent to market and sell your home. However, your mortgage company will also be working with you and your real estate agent every step of the way to:

  • set the sale price based on the market value at the time
  • collect financial information and negotiate with other lien holders
  • review acceptable offers,
  • agree to the terms of the sale once a buyer is in place

A short sale may take up to 120 days, but this could be shorter or longer depending upon your specific situation. If you are unable to sell your home, you may be able to transfer the ownership of your property to the owner of your mortgage.

The Bottom Line: Your mortgage company wants to help you avoid foreclosure and, in most cases, will be willing to work with you. The biggest mistake you can make is to wait any longer to take action. Contact your mortgage company today to determine if you are eligible for a Short Sale.

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Short Sale and Title Insurance

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The reasons for getting title insurance are not obvious at first. One thing we stress at Title First is the importance of owner’s title insurance policies for real estate transactions. When buying a home, a foreclosed property or a short sale, an owner’s title policy is necessary.

Title insurance helps to safeguard that there are not any legal claims out there against the home you want to buy in a short sale. Usually, the owner can’t afford mortgage payments anymore, so the risk is that there are also liens for other debts such as overdue taxes, unpaid contractors’ bills, etc. More often than not, short sales include unsatisfied obligations and if you are to close on the home with these unsettled claims, you would be held responsible for the outstanding debt. require the title insurer to deal with the seller and lien holders on your behalf;

When you have Title First helping, we can require the seller to take care of the outstanding problems prior to the closing, deal with the lien holders directly, and even ask the seller to lower the price of the house. Without a title policy, you may end up with multiple problems.

What Title First will look for is not only unsettled claims but also for fraud, forgery, clerical errors, omissions, encroachment issues, restrictions, judgments, divorce decrees, missing heirs and other problems that are sometimes impossible to anticipate. Having an owner’s policy ensures that Title First will stand behind you, should a problem occur down the road.

Dedicated to innovation and passionate about service, Title First Agency is your comprehensive, nationwide resource for title and real estate settlement services.

To better serve its customers, Title First has implemented best practices and third-party audits, equipping itself to facilitate compliance efforts. In 2014, Title First instituted ALTA Best Practices and continually reviews its compliance. More importantly, in 2015, Title First completed its examination in conformity with Statement on Standards for Attestation Engagements (SSAE) No. 16 through an independent third-party auditor. Each year, Title First continues its SSAE examination, and in 2017 earned the SSAE-18 certification. Title First is one of the few title agencies in the industry having an SSAE-18 certification.

In fact, Title First is one of only two title companies in the state of Ohio to earn the SSAE certification. This certification provides reassurance that Title First Agency is in compliance when it comes to financial controls and internal procedures for data security, availability, processing integrity and privacy.

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Short Sale, Foreclosure and the Title to a Property

The most basic part of buying a new home is dealing with potential problems that may have been created by its previous owners. Short sales, foreclosures, bankruptcies and financial situations have added another element to the entire closing process that makes title insurance essential.  The title to a house is the document that proves that a person owns it.  Without that proof, the house can’t be sold or bought.

Title First Agency experts oversee and perform thousands of closings each year nationwide and ensure that all of the details of the title transfer and closing are in proper order. Unfortunately, at this time there are plenty of situations that could make problems with a title and complicate the process of buying the affected houses.  No matter why the house is being sold, its title problems must be cleaned up so they are not inherited by the buyer.

Short Sale: A short sale is when the lender agrees to let you sell your home for less than the outstanding mortgage debt. The proceeds from the sale pay off a portion of the mortgage balance and the lender releases the lien on the property. A title from a short sale is not always free and clear. A good Realtor will make sure to get a preliminary title search performed to determine the extent of outstanding legal obligations. If a home is bought without a clear title, the buyer could be responsible for the mechanic’s lien, which is a legal claim placed on a home to settle unpaid or partially paid contractor work,  any unsettled contractor liens, property-tax liens, IRS liens, homeowners’ association special assessment liens or even a second mortgage loan.

Foreclosure: Homeowners that can’t afford their home may decide to relinquish ownership and give the house to the bank that holds the mortgage. Mortgage foreclosures can cause a lot of issues with the chain of title. Sometimes, even though the owner loses their home, they may not actually lose the title to the property.  The property may have plenty of repair problems since financially distressed owners often let their properties fall into disrepair. From leaky basements, unpaid taxes,  to bills from homeowners’ associations to quarreling lenders – it can take some time to sort out who is owed what, how they will be paid, and when the title will finally be cleared. All buyers of foreclosed property need to protect themselves by making sure the title search shows that any previous mortgage was satisfied, canceled or otherwise released to avoid any future title problem.

The Bottom Line: There are dozens of potential barricades to clear title.  Buying or selling a home has become a complex transaction and you need a trusted title search company to guide you through the process. The experts at Title First oversee and perform thousands of closings each year. When using Title First, you can sign confidently on the dotted line knowing that all details of your title transfer and closing are in proper order. We are here to answer any questions you may have about buying or selling a home, and our team will guide you through the entire process.

 

 

 

 

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