Foreclosure Defense - Short Sale - Real Estate Attorney San Jose
A short sale is the sale of real estate property by the debtor in situations where the homeowner is financially obligated to pay more than the property is worth. This circumstance is commonly known as an "upside down" or "underwater" mortgage. The debtor must first negotiate with their lender to agree to a short sale, since the amount of the sale will be less than the amount owed. Once the lender agrees, the debtor can sell the property and use the proceeds to pay off the majority of their debt, while the lender forgives the balance. A short sale has numerous benefits as an alternative to foreclosure or filing for bankruptcy. Some of these benefits include:
- Less of an impact on seller's credit score
- Eligibility for an FHA loan less than 2 years after the sale
- Possibility of remaining at the house until the completion of the sale
- Difference between sale and loan amounts may be renegotiated and homeowner is not liable
Short Sales: Effective Foreclosure Defense Attorney
If you are struggling to make monthly payments and have no means to pay off your mortgage, a bank will usually consider a short sale. According to the vice president of Bank of America, most banks entertain the possibility because they do not want the home and would rather sell it. Banks are also trying to avoid foreclosures because the legal process, especially in California, can be lengthy and very costly.
As the default rates increase in California, lenders and banks are expecting to see more short sales and especially among homeowners with poor credit who have taken out adjustable loans. However, it is important to keep in mind that a short sale is comprised of many legal and financial concerns which enhance the potential for problems along the way or the sale process being slowed down. It is not advisable to attempt a short sale on your own. Capital Law Offices has a wealth of experience in these matters that enable us to provide the guidance necessary for you to get through the process as quickly as possible, while making sure your interests are safeguarded at every turn.
If you have any questions or would like to schedule a FREE initial consultation with one of our experienced attorneys, please Contact Us online or call at (408)627-4898 today!