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Welcome to HER Realtors 
10/29/14 1
HER Realtors 
Cincinnati – Columbus - Dayton 
11995566 Founded in Columbus, Ohio by Harley E. Rouda, Sr. (HER) 
11996600ss Becomes Central Ohio’s No. 1 brokerage, and remains to this day 
22000066 Named the Most Productive Agents In The Nation – REALTOR® 
MAGAZINE 
22000099--1133 Named Best Real Estate Brokerage by Columbus CEO Magazine 
five years in a row 
22001122 Realty Services merges into HER Realtors to become the largest 
brokerage in the region
Equal Housing Opportunity 
Everyone benefits from an open 
housing market. Restrictions limit 
the pool of homes for sale and hinder 
those who are hoping to sell. 
Federal Law – Right of Every Buyer.
Our offices….. Our Agents 
55 offices….1000+ agents…10 MLS areas
“One-Stop” Real Estate Experience 
Our title representatives have offices in or near almost every 
HER location to provide you with one-stop-shopping. We 
can offer a preliminary title search to ensure there are no 
surprises that could delay closing. 
HER Realtors has joined forces with pmac Lending 
Services, one of America’s premier lenders to provide 
great rates, superior service and convenience of one-stop- 
shopping. 
Most buyers request a Home Warranty from the seller. 
Homes with warranties tend to sell faster and for more 
money. Put our HMS HomeGard Coverage in place 
during your listing period.
Serving Ohio and Kentucky Clients 
Credentials 
• Real Estate Agent with 8+ years of experience 
• Attorney with 17 years tax, contract, real estate 
experience 
• Specializing in Target Marketing with Results 
• Technologically savvy 
• Specialist in Short Sale and Distressed Situations 
• Licensed Attorney-Michigan 
• Licensed Realtor- Ohio, Kentucky 
Paul Sian 
Realtor, 
Attorney
Disclaimer: 
Nothing in this presentation is intended to 
be legal advice. Legal advice is often fact 
and circumstance specific. If you are in 
need of specific legal advice please seek 
legal counsel.
Short Sales for home owners
What is a Short Sale? 
• A situation where the homeowner needs to 
sell the house but may not be able to pay back 
all amounts owed on the house from the sale. 
– This could be because the price the house will 
fetch on the open market is less than what is 
owed. 
• Used as an alternative to Foreclosure. 
– It is cheaper for the bank to have a short sale than 
process a foreclosure.
What is a Short Sale? 
• The remaining amount which the owner is 
unable to be pay back is called the 
“deficiency” amount. 
• Short sale is used as an alternative to 
foreclosure as a cost savings measure. 
• All lenders who will receive less than what 
they are owed in the sale must agree for the 
short sale to happen.
How do you Short Sell 
your house? 
• Start by getting an idea of what your home may get 
on the open market to make sure you are truly 
underwater on the mortgage. 
• Prepare a letter explaining why you need the short 
sale. (due to unemployment, reduced income, medical emergency, death, 
divorce etc.) 
• Talk to a Mortgage Counselor to understand all your 
options. 
– HUD.gov provides list of approved mortgage counselors by state.
How do you Short Sell 
your house? 
• If a short sale is needed then call up your lender and 
speak with their Loss Mitigation Department to ask 
about short sale options. 
• Anyone negotiating (realtor, attorney, accountant) 
with the lender on your behalf will need some sort of 
seller authorization to represent form. Check with 
your lender if they have a specific form.
How do you Short Sell 
your house? 
• Generally the lender is going to require that 
the home owner prove financial hardship. 
– The lender will look at all your assets and debts 
together to demonstrate financial hardship. 
– Paying your mortgage on time does not 
necessarily disqualify you. 
– Your mortgage counselor and/or you lender will 
want to see your financial picture through 
documentation. (see attached list of suggested documents 
needed)
How do you Short Sell 
your house? 
• If you have multiple loans on your home (1st, 
2nd mortgage, HELOC) you will need to 
coordinate the short sale with all lenders who 
will be asked to take less than they are owed. 
– If your 1st mortgage will be paid off in full but you 
are only asking your 2nd mortgage to take less then 
only need permission from the 2nd mortgage 
holder for the short sale.
How do you Short Sell 
your house? 
• Do you qualify for Home Affordable 
Foreclosures Alternatives Program (HAFA)? 
– Government run program to help avoid 
foreclosures. 
– Can be used for mortgages that are owned or 
guaranteed by Freddie Mac, Fannie Mae and 100+ 
private lenders. 
– Certain minimum requirements (see attachment). 
– Banks still need to give ok to participate.
How do you Short Sell 
your house? 
• HAFA Benefits include: 
– Complete release from mortgage debt after sale. 
– Less negative effect on credit score than 
traditional short sale. 
– HAFA may provide up to $3,000.00 in relocation 
assistance. 
• Link for more HAFA info toward the end of 
presentation.
How do you Short Sell 
your house? 
• Veterans Administration loans (VA) 
– Have a short sale program referred to as 
“compromised sales”. 
– VA will make whole the private lender who lent 
money under VA loan after short sale closed. 
– VA usually will not pursue the Servicemember for 
the deficiency. 
• Further VA eligibility is decreased based on the 
deficiency so they may not be eligible to do VA 
financing unless they pay it back.
Short sale was approved by 
lender, now what? 
• Short sales process is slow until an offer is 
approved by the lender. 
– Usually the short sale approval letter lasts for only 30-60 
days. So you must act fast! 
• Short sale buyer can ask for inspection prior to 
or after approval of the offer. 
– Prior to wastes less time. 
– After buyer can walk away in case of major issues with 
house. i.e. foundation, water issues…
Long term effects of a 
short sale 
• If your lender reports your debt as “settled” or 
“renegotiated” (and they most likely will) your 
credit score will go down. 
– This will affect your ability to borrow money in the 
future and can affect anything else credit related 
as well (apartment rental, car loans, utility bills 
usually run credit checks).
Long term effects of a 
short sale 
• Make sure you get a release from all lenders 
associated with your house. 
– No release, you still owe them. 
• Forgiven debts can have tax consequences. 
– Prior tax relief law has expired. 
– Consult with tax attorney or accountant to 
determine your tax liability.
Be Wary of Scams! 
• There are many scam artists out there. 
– Review credentials if someone approaches you. 
– Don’t take their word for it. Confirm with 
government or third party websites. 
– Approved mortgage counselors are found on 
government websites and are a better source of 
information and help.
Useful Links 
• www.HUD.gov/offices/hsg/sfh/hcc/hcs.cfm 
(for a list of HUD approved mortgage 
counseling agencies by state) 
• For VA loans involving short sales search for 
“Compromise Sales” www.benefits.va.gov 
• www.makinghomeaffordable.gov has info on 
HAFA, list of mortgage servicers who may do 
HAFA, and more.
My contact info: 
Office Phone:513.752.8200 
Cell Phone: 513.560.8002 
E-mail: Paul.Sian@HERrealtors.com 
Facebook: www.facebook.com/paulsian 
LinkedIn: Paul Sian 
My Web Site: www.herrealtors.com/paulsian 
My Blog: www.cincinkyrealestate.com

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Short sale presentation

  • 1. Welcome to HER Realtors 10/29/14 1
  • 2. HER Realtors Cincinnati – Columbus - Dayton 11995566 Founded in Columbus, Ohio by Harley E. Rouda, Sr. (HER) 11996600ss Becomes Central Ohio’s No. 1 brokerage, and remains to this day 22000066 Named the Most Productive Agents In The Nation – REALTOR® MAGAZINE 22000099--1133 Named Best Real Estate Brokerage by Columbus CEO Magazine five years in a row 22001122 Realty Services merges into HER Realtors to become the largest brokerage in the region
  • 3. Equal Housing Opportunity Everyone benefits from an open housing market. Restrictions limit the pool of homes for sale and hinder those who are hoping to sell. Federal Law – Right of Every Buyer.
  • 4. Our offices….. Our Agents 55 offices….1000+ agents…10 MLS areas
  • 5. “One-Stop” Real Estate Experience Our title representatives have offices in or near almost every HER location to provide you with one-stop-shopping. We can offer a preliminary title search to ensure there are no surprises that could delay closing. HER Realtors has joined forces with pmac Lending Services, one of America’s premier lenders to provide great rates, superior service and convenience of one-stop- shopping. Most buyers request a Home Warranty from the seller. Homes with warranties tend to sell faster and for more money. Put our HMS HomeGard Coverage in place during your listing period.
  • 6. Serving Ohio and Kentucky Clients Credentials • Real Estate Agent with 8+ years of experience • Attorney with 17 years tax, contract, real estate experience • Specializing in Target Marketing with Results • Technologically savvy • Specialist in Short Sale and Distressed Situations • Licensed Attorney-Michigan • Licensed Realtor- Ohio, Kentucky Paul Sian Realtor, Attorney
  • 7. Disclaimer: Nothing in this presentation is intended to be legal advice. Legal advice is often fact and circumstance specific. If you are in need of specific legal advice please seek legal counsel.
  • 8. Short Sales for home owners
  • 9. What is a Short Sale? • A situation where the homeowner needs to sell the house but may not be able to pay back all amounts owed on the house from the sale. – This could be because the price the house will fetch on the open market is less than what is owed. • Used as an alternative to Foreclosure. – It is cheaper for the bank to have a short sale than process a foreclosure.
  • 10. What is a Short Sale? • The remaining amount which the owner is unable to be pay back is called the “deficiency” amount. • Short sale is used as an alternative to foreclosure as a cost savings measure. • All lenders who will receive less than what they are owed in the sale must agree for the short sale to happen.
  • 11. How do you Short Sell your house? • Start by getting an idea of what your home may get on the open market to make sure you are truly underwater on the mortgage. • Prepare a letter explaining why you need the short sale. (due to unemployment, reduced income, medical emergency, death, divorce etc.) • Talk to a Mortgage Counselor to understand all your options. – HUD.gov provides list of approved mortgage counselors by state.
  • 12. How do you Short Sell your house? • If a short sale is needed then call up your lender and speak with their Loss Mitigation Department to ask about short sale options. • Anyone negotiating (realtor, attorney, accountant) with the lender on your behalf will need some sort of seller authorization to represent form. Check with your lender if they have a specific form.
  • 13. How do you Short Sell your house? • Generally the lender is going to require that the home owner prove financial hardship. – The lender will look at all your assets and debts together to demonstrate financial hardship. – Paying your mortgage on time does not necessarily disqualify you. – Your mortgage counselor and/or you lender will want to see your financial picture through documentation. (see attached list of suggested documents needed)
  • 14. How do you Short Sell your house? • If you have multiple loans on your home (1st, 2nd mortgage, HELOC) you will need to coordinate the short sale with all lenders who will be asked to take less than they are owed. – If your 1st mortgage will be paid off in full but you are only asking your 2nd mortgage to take less then only need permission from the 2nd mortgage holder for the short sale.
  • 15. How do you Short Sell your house? • Do you qualify for Home Affordable Foreclosures Alternatives Program (HAFA)? – Government run program to help avoid foreclosures. – Can be used for mortgages that are owned or guaranteed by Freddie Mac, Fannie Mae and 100+ private lenders. – Certain minimum requirements (see attachment). – Banks still need to give ok to participate.
  • 16. How do you Short Sell your house? • HAFA Benefits include: – Complete release from mortgage debt after sale. – Less negative effect on credit score than traditional short sale. – HAFA may provide up to $3,000.00 in relocation assistance. • Link for more HAFA info toward the end of presentation.
  • 17. How do you Short Sell your house? • Veterans Administration loans (VA) – Have a short sale program referred to as “compromised sales”. – VA will make whole the private lender who lent money under VA loan after short sale closed. – VA usually will not pursue the Servicemember for the deficiency. • Further VA eligibility is decreased based on the deficiency so they may not be eligible to do VA financing unless they pay it back.
  • 18. Short sale was approved by lender, now what? • Short sales process is slow until an offer is approved by the lender. – Usually the short sale approval letter lasts for only 30-60 days. So you must act fast! • Short sale buyer can ask for inspection prior to or after approval of the offer. – Prior to wastes less time. – After buyer can walk away in case of major issues with house. i.e. foundation, water issues…
  • 19. Long term effects of a short sale • If your lender reports your debt as “settled” or “renegotiated” (and they most likely will) your credit score will go down. – This will affect your ability to borrow money in the future and can affect anything else credit related as well (apartment rental, car loans, utility bills usually run credit checks).
  • 20. Long term effects of a short sale • Make sure you get a release from all lenders associated with your house. – No release, you still owe them. • Forgiven debts can have tax consequences. – Prior tax relief law has expired. – Consult with tax attorney or accountant to determine your tax liability.
  • 21. Be Wary of Scams! • There are many scam artists out there. – Review credentials if someone approaches you. – Don’t take their word for it. Confirm with government or third party websites. – Approved mortgage counselors are found on government websites and are a better source of information and help.
  • 22. Useful Links • www.HUD.gov/offices/hsg/sfh/hcc/hcs.cfm (for a list of HUD approved mortgage counseling agencies by state) • For VA loans involving short sales search for “Compromise Sales” www.benefits.va.gov • www.makinghomeaffordable.gov has info on HAFA, list of mortgage servicers who may do HAFA, and more.
  • 23. My contact info: Office Phone:513.752.8200 Cell Phone: 513.560.8002 E-mail: Paul.Sian@HERrealtors.com Facebook: www.facebook.com/paulsian LinkedIn: Paul Sian My Web Site: www.herrealtors.com/paulsian My Blog: www.cincinkyrealestate.com

Editor's Notes

  1. Costs much more in time and money to do a foreclosure versus short sale. If even one lender does not agree then the short sale is not possible. May see this in situations where one lender is covered by mortgage insurance.
  2. If you are not as underwater on home price as you thought you might be, it may be better to sell and try and pay out of pocket the difference if you can afford it. Talk to a realtor to get a CMA done. Your bank is still going to do their own research to determine what your home might be worth, but you need to have an idea as well. Many realtors will provide you a CMA at no cost.
  3. Setting up a short sale with more than one lender involved becomes trickier since banks want their full amount owed. It is advisable to speak to a mortgage advisor to get advice with regards to all scenarios. HUD.gov provides a list of HUD approved mortgage counselors.
  4. You have a documented financial hardship. You have not purchased a new house within the last 12 months. Your first mortgage is less than $729,750. You obtained your mortgage on or before January 1, 2009. You must not have been convicted within the last 10 years of felony larceny, theft, fraud, forgery, money laundering or tax evasion in connection with a mortgage or real estate transaction.
  5. Anyone asking for a post offer acceptance inspection is wasting time since usually there will be no negotiations after the bank has accepted. The bank accepted the price as is and will usually not negotiate on anything after that. Makes sense to have an inspection before acceptance so buyer can know what they may be buying.
  6. Short sale can be treated similar as a foreclosure for credit purposes. The time you have to wait before getting another mortgage after a short sale depends on many factors like where the loan was from, was it an FHA loan, your current credit score and debts etc. etc. With time and keeping up with your other bills your credit score will recover. If part of your mortgage debt was release and you are no longer required to pay it back, the tax regulations require you pay tax on that amount. There may be certain exceptions to that so it is advisable to talk with a tax accountant or attorney to make sure you don’t get penalized by the tax authorities. The lender will give you a 1099-C to show the amount of debt that has been forgiven and will also give that 1099-C to the IRS.
  7. If you did not secure a written and signed release from all lenders associated with the property you sold they can come after you for the amount you still owe on the house. They can also send you to collections further ruining your credit. Make sure you get a release as part of the short sale.
  8. Costs much more in time and money to do a foreclosure versus short sale. Setting up a short sale with more than one creditor involved becomes trickier since banks want their full amount owed. It is advisable to speak to a mortgage advisor to get advice with regards to all scenarios. HUD.gov provides a list of HUD approved mortgage counselors.
  9. Agent – Optional.