A short sale refers to a situation where a homeowner sells property at a loss, but is not held liable for the difference between the loan balance and the sale price itself. This is known as being “upside down,” where the amount owed to the mortgage lender is more than the market value of the property. If the seller cannot or does not want to pay the difference, they can request the lender accept a loan payoff for less than what is owned by releasing their security interest on the property. With the help of our legal team at Attorneys’ Title Services (ATS), we can help facilitate the often-confusing short sale process.
Despite their name, a short sale is very often not short at all. A typical short sale can take anywhere from 30 to 120 days, some even longer.
Here is a basic step-by-step list of how the timeline of a short sale works:
- Document collection/Pre-contract
- Approved contract with ATS
- Negotiator assignment & Appraisal Order of the property
- Counter offer process (often back and forth for a while)
- Approval of the offer
- Settlement (time will depend on the buyer’s financing)
What ATS Can Do For You
We are here to lighten the load off homeowners. We assist you in receiving a contract, review all contracts, prepare all documents, monitor progress, negotiate counter offers, assist with closing and settlement and everything in between. Here we take a demanding process and create an approach that facilitates your short sale to completion. Our staff works hard to provide support when it is needed most. Our valuable service saves you time. We work with both homeowners and realtors and give realtors time to sell homes and spend less time working on situations like these.
Short Sales FAQs
- Who qualifies for a short sale?
It isn’t true that only sellers who are behind on their mortgages qualify for a short sale. Sellers whose monthly household expenses excess their monthly income and are near falling behind also qualify as well as those going through medical issues, job relocation, disability, divorce, etc.
- What is the negotiator’s fee?
We never charge fees to our sellers, our fees are charged to the bank, subject to their approval during the settlement process.
- How long does the process take?
Typically, it takes 60-90 from contract to close. However, our variables come into play such as cash offers versus financed offers, terms of counter offers, cooperation, number of liens on the property, etc.
The goal of a short sale is to get a full short sale lien release, which allows the transaction to take place. If you are in need of a lawyer for a short sale, we at ATS want to help you get the outcome that you deserve. To learn more about what we can offer you, contact our legal team today at 904-260-0105. We can’t wait to hear from you!