Understanding a short sale approval letter is a critical skill for a real estate agent, homeowner selling on a short sale, investor buying on a short sale, and anyone affected by a particular short sale transaction.
Most banks approving short sales are national. This means they have loans in most states. However, they often have legal council for the states they have loans in. Because of this, often they will adjust their short sale approvals based on what works on the state were the property collateral to the loan is located.
This subject can get real technical. That would be outside the scope of this blog post. Lets focus on what the person selling on a short sale (homeowner) really want as first choice. That is to not owe after the short sale.
Just to not miss any components, there are three important concepts to understand. Here I am simplifying to the maximum.
- Short Payoff: The bank gets paid less than the total present value of the loan balance and releases its interest on the property. So the property is no longer collateral.
- Release of Lien: A type of short payoff in which, the shortfall between what is owed to the bank and obtained from the sale, is still owed by the homeowner. Basically the homeowner still owes to the bank
- Short Sale: A type of short payoff in which the homeowner does not owe anything to the bank after the property is sold.
Needless to say, all homeowners want a short sale. The question now is to know what is that the short sale letter actually means behind all that legalese wording.
How to Distinguish a Short Sale Approval Letter:
A short sale approval will always clearly state that the loan will be satisfied in full for less than the amount owed or very similar wording. See sample below.
How to Distinguish a Release of Lien:
A release of lien letter will always indicate that the lien will be released but the debt will not be satisfied in full. In addition, most likely, the homeowner will have to sign a promissory note at closing.
Oscar Morante
Ph: 971-222-3734
Fax: 866-844-7009
PDX Experts Real Estate, LLC
www.PDXExperts.com
534 SW 3rd Avenue
Suite 305
Portland, OR 97204
Real Estate Agent
Realtor
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