In my post on the economy in 2012, I questioned whether the fourth or fifth prediction of a “bottom” in housing was accurate. As if to slap me in the face with statistics, a report today showed pending home sales at their highest point in a year and a half. But that only takes us to the middle of 2010, not exactly boom times for the housing market. In addition, there’s a growing trend of pending sales getting called off at the last minute, which means a lot of these sales will not come to fruition.
What I do think is a genuine trend, and one that’s slightly better than a crush of foreclosures, is theincrease in short sales as an alternative to evictions and repossessions.
It’s a tarnished silver lining for people at risk of losing their houses and homeowners in neighborhoods blighted by bank-owned properties, but the robosigning scandal that slowed the foreclosure process to a crawl appears to have increased lender interest in short sales.
“Foreclosure sales are pretty devastating,” said Faith Schwartz, executive director of Hope Now, a resource for homeowners facing foreclosure. “We’d much prefer a modification, but if [homeowners] don’t quality, then the next best alternative is deed-in-lieu or short sales.”
Short sales, in which the lender agrees to let the owner sell the home for less than the amount owed on the mortgage, and foreclosures both climbed in 2010, but while short sales rose by 26,000 this year, the number of foreclosures fell by 255,000, according to Hope Now. Short sales, along with deed-in-lieu of foreclosure deals in which the lender takes the deed essentially as payment for the mortgage, still upend families, torch credit ratings and hurt neighboring property values, but they’re far less toxic than foreclosures.
Short sales are definitely preferable to foreclosures, as they leave the borrower less indebted and in a better position to rebuild their credit score. Some states allow for deficiency judgments to go after borrowers on foreclosure sales that don’t recoup the amount due on a mortgage; the whole point of the short sale process is to negotiate a sale price that avoids such a deficiency judgment.
There’s actually a government-run short-sale facilitator known as HAFA. And some lawmakers, including Jeff Merkley, have called for more efforts in this area. It’s a win-win from the perspective of the banks, too, as short sales fetch higher prices than foreclosure sales, and there are far fewer legal hassles associated with the sale. A higher price means less of a degradation in property values for neighbors, too, and the vacancy rate on a short sale is usually lower.
But all of these options are subordinate to keeping the borrower in the home. And because banks have so mashed up the securitization process and in many cases broken the chain of title associated with the home, individuals have far more leverage than they realize to make that happen.




29 Comments

Support this site!
Subscribe to the newsletter
Advertise on Firedoglake
Send
us your tips
Make us your homepage
About FDL News Desk
Aside from a clouded title, and that’s bad enough for the buyer, is there tax consequences for the Seller? The facilitator at a MoveOn meeting I attended was trying to short sale her house, as the lender wouldn’t negotiate a lower rate, but was worried the IRS might tax the difference between the outstanding mortgage and the lower sale price. Anyone tax expert know if this is plausible?
Not a tax expert, but I don’t see how a reduced loss can be considered a taxable gain.
Really excellent article in the latest HARPER’S (January) entitled “Stop Payment” by Christopher Ketcham which explains chain of title and MERS involvement better than anything I’ve seen to date. Everyone under the threat of foreclosure should read it. If the few states’ attorneys general keep up the pressure, the banks will have to do some serious re-calculating about how they treat the debt laden homeowners they screwed and are trying to throw out. Some courts have actually sided with homeowners due to MERS “shortcuts” and had mortgages ERASED! There may be hope.
Your comment makes sense. MUST be wrong. :-)
NO, I MEANT, must be right.
Now, I’m confused.
Is that you, Mittens?
;)
No it’s not me.
..
..
Ann, do you have the latest Iowa polling results?
Worder if we can work a racket accumulating reduced losses and not paying the IRS a dime.
The latest Iowa polling results show Ron Paul’s scrotum squarely on your forehead.
On edit – this is commonly referred to as ‘The Roman Helmet’. If you’re feeling adventurous I’m sure you can find it in Urban Dictionary…
Anonymous is projecting the husband of Mrs. Paul’s fishsticks as the runaway winner. That might have something to do with their having hacked the server that counts the precinct totals.
Anonymous hacked an Iowa caucus server? Link?
Next door neighbors recently divorced and were forced to sell their home in a short sale. Paid top dollar for the house several years ago in a booming market, but the market value of the house plunged since then. In the short sale the bank takes a haircut but the sellers get scalped. They walk away losing their down payment and everything they put into the house.
I’m pretty sure he’s joking. I think they use marbles or sticks to signify their votes in Iowa. Pretty hard to hack those. :)
Link.
For some reason BradBlog is restricted from the machine I’m working out. If the link doesn’t work, google Bradblog, Anonymous, Iowa.
Not joking. Brad Friedman posted the story over a week ago.
We looked at a few short sales. One was the former home of a county deputy. It’s a sad state of affairs when you put your life on the line and you can’t afford a 1/4 acre plot with a doublewide on it without your wife’s income(she got laid off.) The bank had allowed them to lower it to $92,000(from $109,000). It’s still overpriced though and still on the market. It’ll be a year in March. Sad.
Really? I thought caucuses were different then primaries. Most of the ones I heard about consisted of people standing in groups and playing the political equivalent of Red Rover and shouting.
My apologies.
At the precinct level, voting is done in various ways, the Red Rover method included. Those results are sent to a central server for tabulation. That’s were Anonymous is setting up shop.
Here’s what smart money has to say
http://www.smartmoney.com/taxes/income/the-taxing-consequences-of-short-sales/
Well I’m totally cool with Mrs. Paul’s fishsticks being our Republican nominee and next President. We might as well get a corporation on the ballot. Perhaps there can be some tax savings if we cut out the middleman in politics.
I am in the same boat. My wife and I divorced earlier this year, and she decided to just “give” me the house when she learned that we could not sell it for what we owe. I have struggled most of this year to keep making the payments, but it does not make any sense to keep doing that. So, unless good old Bank of America is willing to negotiate some different terms, I think I am going to go the strategic foreclosure route and just let them have it back. From what I understand, they may be willing to go the short sale route, but it takes them too long to make a decision and a number of sales have fallen through because of that.
Don’t know about this either, but I wish they’d amend the tax code to allow a folks to count a “loss” when they sell their house for less than what they bought it for. [They tax it as capital gains if you "win;" why not the corollary?]
We’re trying to sell our house, at what will be a significant loss, but it’s we who have to eat that.
I’d be asking two questions:
1) what jurisdiction are you in [and does it allow a deficiency judgment]?
2) are there any groups in your area who help homeowners in your situation? I believe there was one referenced in the MSNBC article to which DDay linked.
Or buffalo chips.
Dunno just yet… I have an appointment with an attorney next week to discuss it all. I live in Texas, and some deficiency judgments are allowed. I agree fully — losses should be considered for tax purposes. One of the things I am going to talk to the attorney about, as well, is full bankruptcy — and I may be able to do it using the house. BoA has refused to negotiate on some other debt that my wife and I were paying down. She paid off her half, but now BoA expects me to continue paying the full note ($700+ per month) and I cannot do it. So, between the house and that note, maybe BoA will suddenly be willing to negotiate…
Take a look at the link to Smart Money cwaltz provided @ 19. Within and adjacent to the article are Q + A’s on tax effects, what-to-do in various situations.
I seem to recall that bankruptcy was raised favorably as an option.
I was complaining on another thread about a CBS/60 Minutes Report a couple of weeks ago that was “lauding” folks in a Cleveland suburb who continued to pay on their underwater mortgages. Yes, this meant they stayed in their houses, preventing one more house from being abandoned, vandalized, and ultimately torn down, but at what personal price? [One woman had to rely on the food bank, and often went hungry, just to have enough $$$ to pay her mortgage.]
I hope folks like you can get fully educated on what’s financially best FOR THEM and do it. Banks et al. try to sell “moral hazard” and the “shame” of not continuing to pay on a losing contract, but you know that if the places were reversed, they’ be outta there in an instant. Behave like a bank!!
Good luck to you.
The bank will send you an IRS form 1099 (miscellaneous income)for the amount of loan that is forgiven in a short sale.
If you move and sell the home before you have recouped the costs, you won’t end up receiving a financial benefit from refinancing. Use our refinance calculator to help you decide. Check out 123 Refinance calculator to find your refi rates in seconds.
The Short Sale process requires that the mortgage holders qualify which means the sellers need to provide the bank with extensive current financial data. 99 per cent of current short sales are contracts between the mortgage holder and a potential buyer but the bank needs to approve the short sale price and terms before it can become a normal RE transaction. This process can take several months or many months depending on the number of financial liens on the property and the ability of the bank to generate a selling price and approval. In Calif only 43 per cent of short sales become final due to the complexity of these transactions.