Short Sale Package | Print |
Short Sale Package - Work with our legal team and the Realtor of your choice

This plan is designed to allow allow you to work with the Realtor of your choice.

Here is what our Short Sale Transaction plan does: 

1. We start with our Upside Down Analysis to make sure a short sale is right for you. 

2. We provide you with on point tax information from the IRS and the CA Franchise tax board.  

3. We go over your work out strategies.  For instance should you remain current on one or both of your loans?    Should you pay HOA and property taxes.  We advise you when and why to offer a Deed in lieu, when you should fight foreclosure or when you should accept a foreclosure if the lender does not approve your short sale. 

4. We explain the foreclosure time line and what you should do if you get a Notice of Default.  

5. We explain the consquences of not paying homeowners insurance, association fees and Mello Roos.

5. We explain whether you should find a renter or let the property sit vacant.

6. Should you accept rent or turn it over to the lender.

7. We provide you with questions to help you choose your Realtor.

 

  Transactions: 

8. We will provide you with a template for the listing agreement you will sign with your Realtors brokerage.  We make sure there are important addendums in the agreement and provide you with the legal language you should use to protect you from your Realtor's Broker.  Our legal clauses are designed to give you the ability to cancel the short sale without owing anything to the buyer, the buyer's Realtors or your Realtor.  

   

9. We provide you with a template for the Purchase and sale agreement.  Again we give you sample clauses to supplement the purchase and sale agreement.  In about half the transactions we have reviewed the short sale forms have been filled out incorrectly.  We tell you what to look out for as some Realtor seem to incorrectly use certain addendums like the San Diego Association or Realtor's short sale addendum.  In our opinion that addendum should not be signed by a seller unless there are multiple other addendums being used and a lawyer reviews the material very carefully.  We have no idea why Realtors keep trying to make the transaction so complicated.  Use the basic forms, check the correct boxes and add supplemental language to protect the sellers (and buyers) from the lenders.  

We will review the short sale package you put together with your Realtor and if requested we can provide a cover letter on legal letterhead informing the lender that you are submitting the materials under certain conditions which we discuss. 

We will also provide one (1) closing transaction audit where we have one of our lawyers review the closing escrow instructions and the lenders instructions to your Realtor to see if you are really being released from a deficiency and not just being released from the lien.  There is a difference and your Realtor is not even licensed to give his or her opinon on the subject.  If your Realtor is advising you,  make sure the advice you get is in writing, it is on brokerage letterhead and co-signed by the Broker in charge at your Realtor's brokerage.  

 

You will  also have multiple consultations with one of our Real Estate attorneys 

Depending your circumstances you wish to include our optional Qualified Writen Request under RESPA designed to soften up your lenders and it can result in getting your lender to pay more attention to your file or pressure your lender to negotiate better terms. 


Please fill out the form to find out more.   

 

Short Sale Program

*Email Address
*First Name
*Last Name
Best Phone Number
Has this property been your residence yes since purchase
  Never
  Part of the time
Zip Code where property located
Are you Current on your Loans Yes
  No
  Yes on 1st but not 2nd
  Not on 1st but yes on 2nd
Type of Property
At time of Purchase - you took out 1 Loan
  2 Loans
  3 Loans
Now you have
Which loans have been refinanced?
Have you Taken Cash Out
Indentify Home Equity Lines of Credit 1st
  2nd
  3rd
Total Owed
Approx Value of House
Please contact me
Goals No deficiency
  Minimize credit damage
  Short Sale
  Deed in lieu
  Short Payoff
  Soften up Lender with Lender Liability Letter
Do you have a Realtor
How long has the property been listed
Do you have an offer in to the lender
Which loans are late
Has a Notice of Default been filed
Date of NOD if any
Comments
Enter the code:
 Reload image
  
Last Updated ( Sunday, 04 January 2009 )
 
< Prev   Next >