Slavery was outlawed in the United States. But many people don’t realize that debt slavery is alive and not so well today. What do I mean by debt slavery? Let me give you two examples. First, the credit card companies. They look at your FICO credit score and they raise your interest rates to 20%, 24% or 29% as the “default rate” even if you haven’t defaulted. They say you’ve become riskier as a borrower. And of course, you agreed to this rate in that mess of fine print when you got their card.
For example, if the buyer pays $180,000 because that is all you can get as far as an offer, and your mortgage is for $250,000, you have to pay in $70,000 cash at closing or else the deal will fall through. Do you have that kind of cash? Many people do not have that money. And I don’t suggest you raid your 401(k) either. So the only other option that is the least bit appealing is a mortgage short sale. A short sale involves mortgage lender cooperation. Your mortgage company must agree to accept the buyer’s full proceeds as payment in full for your mortgage. The home loan lender lets you out of your mortgage and allows the new buyer to step in and buy your house. You are out of the picture and you didn’t put any cash in.
The mortgage company may still decide to come after you later, to pay them for their financial loss. Each state’s laws are different but often they have two to four years to file a complaint in court and sue you for their financial losses. You can negotiate this, sometimes, during the short sale process. They will agree not to go after you, in writing. The mortgage lender may also report you as a deadbeat to the credit agencies. Or not. You can negotiate this too, sometimes, during the short sale. The key element though is that by doing a short sale, you are helping your mortgage lender get out of a big problem. And that gives you room to negotiate more than you thought possible. You see, their problem is having a non-performing mortgage loan and they do not want your house back either. Your problem is their problem.
So you can make things a lot better if you will sell your house and get the lender to accept the short sale. The lender loses money. But not nearly as much money as they lose if they get your house back. Getting your house back could cost the mortgage company tens of thousands of dollars. Banks are not that great at holding on to your house. They have to pay for fixing it up because they can’t sell a house in any condition. And they have to hold onto it while it sits on the market. Lenders typically only recover $0.68 per $1 of value on a foreclosure house if they take it back. So why not do a short sale instead? I have learned of the system that lets you sell your house in nine days, with no fix-up, in any market. Because it is a short sale, the lender expects to get clobbered. So they will let you sell your house for 75% – 85% of market value. That means that you can sell your house while your neighbors probably can’t because they feel they must get a higher price than you need to get.
The best way to protect yourself is to do a short sale through a capable intermediary, or learn what you are doing before you start engaging your lender in a discussion. Then you can negotiate a release so the lender will not come after you later. Avoiding foreclosure and negotiating a short sale for the more expensive home is more and more critical. It can affect your financial future for years to come.
Learn more about Obama Mortgage Relief Plan Qualifications.