The foreclosure activity in some places like the state of Arizona shows an 18 percent monthly increase. That is one in every 259 units involved receiving a notice. Mortgagors, who are in default facing foreclosure, should consider a short sale. Lenders will generally approve a short sale request if the conditions are met:
- The lenders are not in favor of foreclosures, but will not accept an offer for much less than the actual value of the property (lenders obtain their own appraisals of properties);
- Solid proof that the mortgagor does not have the financial ability to pay the short fall. This can be done with supporting documentation such as: a hardship letter, financial statement, tax returns, pay stubs and bank statements.
- A signed purchase and sale contract of an approved buyer together with a listing agreement of a real estate agent;
- The seller will not receive any of the proceeds from the sale. An owner approved under the government’s HAFA program is allowed to receive up to $3,000 at closing;
- Proposed HUD Settlement Statement. This is to confirm to the lender that costs are reasonable and that nobody is getting funds that could go towards the mortgage.
In the case where foreclosure action already started, legal representation should be obtained while the short sale request is pending. The short sale request can take long (between 3 weeks to 3 months) before it has been either approved or declined. The lender’s attorney can obtain a judgment of foreclosure in less than two months.
To avoid foreclosure or bankruptcy a short sale is the best option to eliminate the balance of the mortgage. The negative impact e.g. auction signs, effect on one’s credit and judgments can be avoided by a successful short sale.














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