I Am Filing For Bankruptcy, Should I Short Sale My House?

Thus I am often asked about short sales, and how they relate to bankruptcy proceedings.

Before we get ahead of ourselves, I should first make sure we are on the same page. A short sale refers to the sale of real estate for an amount less than the principal balance owed on the mortgage. In non-deficiency states such as Arizona, the homeowner likely walks away without liability (but without any equity) and the lender agrees to accept an amount less than the mortgage balance in fulfillment of the loan.

To clarify this, let’s consider an example. Pretend you purchased your current home in 2006 for 0,000 with a 3% down payment and thus a mortgage principle of 1,000. Now consider the 2010 appraised value of your home has fallen to 0,000, and that a buyer is ready to pay this purchase price. A short sale would occur if your lender agreed to accept the purchase price of 0,000 in fulfillment of the 1,000 mortgage.

Because Arizona is a non-deficiency state, you would likely walk away from this sale without any liability towards the remaining balance, but you would have lost you initial 3% investment.

Historically, the biggest detriment to short sales is that canceled debt is a form of income and must be reported on form 1099 to the IRS. This was then considered taxable income, excluding the following exceptions: bankruptcy debt, insolvency, farm debts, and non-recourse loans. Thus as the seller you would be required to pay income taxes on the deficiency in a short sale. Given the drastic fall of home prices, this could amount to a pretty hefty chunk of change.

However, the Mortgage Debt Relief Act of 2007 added an additional exception to the cancellation of debt income that benefits underwater homeowners. Specifically, it allows the exclusion of income realized as a result of modification of the terms of the mortgage on your principal residence.

This act only applies to indebtedness forgiven between 2007 and 2012 and pertaining to loans of a primary residence. A maximum of million ( million if married and filing separately for the tax year) of forgiven debt may be forgiven. The forgiven debt must still be reported to the IRS by filing a Form 982.

Juggling an underwater home is not easy. There are many options for you to consider, just one of which is filling for bankruptcy protection. Such matters should be carefully considered, and decisions should be made based solely on what makes the most sense for your specific set of facts and figures. Again, if you have any question pertaining to filing bankruptcy in Arizona or short sales in Arizona, don’t hesitate to contact me at my Phoenix office.

My name is Christopher H. Ariano and I am a Phoenix bankruptcy attorney and managing partner of Ariano & Reppucci, PLLC. We are a boutique law firm located in Phoenix, Arizona that focuses on the preparation and filing of consumer bankruptcy petitions. If you are in need of an experienced and dependable Phoenix bankruptcy lawyer, don’t hesitate to contact me today.

The information contained on this web site may provide general legal information but is not intended to give legal advice or counsel on any specific legal matter. It does not create an attorney-client relationship and should not be relied upon in lieu of legal counsel. The links provided in this web site are for the information and enjoyment of on-line readers and do not constitute an endorsement of products or services represented there. The hiring of a lawyer is an important decision and you should consider the information contained on this Website as well as other factors in making your own decision.

How to Advertise House for Sale Online

There are many online media to advertise a house for sale and best of all most of them are free. Home owners or real estate agents can use this media to reach home buyers and to get free advertising for their home or listing.

Most of them are very easy to use and walk you through step by step to add a new listing to those real estate websites. Trulia, Oodle, Zillow, Craiglist are the name of few of those popular real estate websites where real estate agents can advertise home for sale for free and advertise themselves as well.

Real estate agents can use postlets.com to create online brochure of their listing as well. This website syndicate their listing to different website mentioned above and more.

It’s easy to post listing at postlets.com, you can add property description, upload property photos, enter contact info, etc. You can also add this listing to your social networking such as my space, facebook, linked in, etc.

Real estate agent can use this media as their personal promotion and add link to their personal website or company website.

Home owners can advertise their house for sale online as well at FSBO (for sale by owner) website with small fees. There are a lot of things that home owners need to do to sell a house, such as put the house in the market for sale, show the house to potential buyers, prepare the contract agreement, hire a settlement company to do the closing, order the HOA resale package, termite inspection, etc.  Home owners can also hire the real estate professional to help them sell the house from start to closing.

Written by mommyhub

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To Buy an REO or Short Sale

A couple of people have asked what’s better to buy: houses that are foreclosures (REO, Real Estate Owned, Bank Owned) or short sales?

Well, first off, what is meant by better? Cheaper, easier, surer? Let’s address all three.

Foreclosures are generally priced very low, because banks want them sold fast. Houses are usually vacant and in poor conditions. Almost always there is only one lender, the second lender having been wiped out. But as the market is showing, bank owned properties are selling for more than asking price with multiple offers. A house listed at 9,000 sold for 5,000, with 15 offers.

On the other hand, short sales are usually owner occupied; in poor to fair conditions; banks act like they don’t want them sold; and there are usually two lenders. Listing agents and sellers want to get an offer that will satisfy the first and second lender but this is usually not possible. A house that was a short sale for 5,000 went into foreclosure, and came back on the market as an REO for 5,000. There was no second to worry about, and the bank priced it low to generate offers, which it did, and got more than asking price.

Generally speaking, a foreclosure sale will be cheaper than a short sale. However, it could take somewhere between 6 to 9 months from the date of foreclosure until the bank puts it on the market. Most buyers can’t wait that long for something that may or may not be. Also note that a low price draws more buyers, thus a higher sale price. At this time, short sales are very competitive.

Next, are bank owned properties easier to buy? Or rather, less difficult to buy? Right now, multiple offers are making it very hard to get an offer accepted. Also, banks come out with their own purchase contract; their very own submission procedures; and they want to dictate and control the process. Banks most always stipulate that the sale is As-Is; and they threaten per diem late fees. And worst, they claim the right to cancel the contract at any time for any reason. So, they too are difficult transactions.

Short sales are very difficult because banks take a long time to go over the owner’s information and the offer. It’s not uncommon for banks to approve in four to six weeks, even if there some agreement between the first lender and second lender. A first may give a second only 00 to release, and the second may accept. Or the second, may want 10 to 20% of their money. If there is only one bank it’s less difficult. The lengthy process becomes irritating, annoying, and frustrating to the point that most buyers quit and move on.

Are foreclosures more of a sure thing? Yes. The bank has done a Broker Price Opinion (BPO), set a price, done a few repairs, and put it on the market.

A short sale is less, less certain. If there is only one bank, the odds of getting the offer approved are 50-50; two lenders 25-75, a 75% chance working against the buyer. With three lenders, it’s nearly impossible. This is why many buyers avoid or try to avoid short sales. That with the fact, that a lender may entertain other offers coming in later. Buyers don’t want to wait two to three months only to be told sorry this offer isn’t going to work for the bank.

So taking everything into consideration, i.e. price, difficulty, and certainty, bank owned sales (REO) are ‘better’ than short sales.

My advice to buyers is go with a regular sale first, an equity sale, and a foreclosure second. If there’s a house that buyers really, really, really got to have, and it’s a short sale, then so be it. Go for it. This is the third option. There was a fellow who wanted to expand his business space; when a house adjacent to his business came up as a short sale, he bought it because it made sense. (Of course, price should be attractive.)

Written by ErnestVillafranca

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