If you reside in FLA and you own a house, the chances are that you or someone else in your neighborhood is upside down in equity. The recent drastic drop in real estate values has hurt certain markets more than others and FLA has been hurt a lot. If you have to sell your house when you have little to no equity, a short sale is your best bet.

A short payoff sale is when a house is sold for less money than the current balance on the mortgage. To avoid having a seller deficiency, one can negotiate with a mortgage company to accept less that the lien amount.

To start a short payoff sale you need to contact a short sale professional. Very few property agents or brokers are true experts at short selling, but there are some out there. You can either have an realtor put your house on the market and have them do the negotiating with the lien holder or have a third party do the negotiating for you.

Whoever it is doing your short sale in fl, they first will contact the lien holder’s loss mitigation dept and fax in an third party authorization. Once they get it they should get the requirements from the lien holder.

It may take some time for the lien holder to process you authorization to release information, typically twenty four to seventy two hours. I at times fax it twice by “accident” to avoid the mortgage company from losing it.

After an offer to purchase is received, you will be asked to find a bunch of financial information to be sent in in your short payoff package. Once it is received by the mortgage company, they will order an BPO to get a value of the property.

After a lot follow up and a little negotiating, hopefully the bank will approve your short sale. If you have to sell your house for less than what the mortgage is, this is what you should do. As hard as it sounds, it’s not. I do it frequently and you will do it too!

Deficiency judgments are when the lien holder issues a judgment against a property for the deficient balance or forgiven debt. Contrary to popular belief these are few and far between. Banks usually don’t go after these and in some states they are illegal.

Many lien holders will issue a 1099 for the forgiven debt. This means that they will expect a homeowner to pay tax on the forgiven debt. The Mortgage Debt Forgiveness relief Act of 2007 exempts owner’s of a primary residence from paying federal income tax.

It sounds nuts and most people don’t even believe it works but mortgage companies do accept short sales because it can be a lot cheaper than a foreclosure!

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