In the past 4 years, short sale procedures have changed dramatically.  The biggest change I have seen is the requirement of a Promissory Note from Mortgage Insurance Companies.  I believe that we, as real estate professionals, absolutely must educate our sellers the very first time we meet with them before listing their home as a short sale.  Promissory notes, based on my experience, seem to be required if the seller does not have a legitimate hardship.  I had an experience where a promissory note was put on a seller for 15 years at about $138 per month.  Of course, this did not go over well.  At the same time, it sure beats the seller possibly being held accountable for the entire mortgage default.  Sellers have to be educated. 

 

On the same token, if someone has a legitimate hardship and their home is selling for current fair market value, I have never seen a promissory note required. 

 

I work in the North Atlanta Market primarily in Gwinnett, North Fulton, Forsyth, Hall, and Jackson Counties.  I run across a lot of people moving across country that are in a hardship position.  Please feel free to contact me if you have short sale expertise in a different part of the country, and I will keep you on my referral list.

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Hi Mike,

I too have noticed the same dramatic changes in my market here in South Florida. I have been processing short sales through the many changes since 2003. Having a background in banking, post closing years ago and an active mortgage broker in the 90's has provided insight on boths sides of the negotiation.

I have experienced the same situations wherein a seller, owner occupant or investor, who may not have a legitimate hardship would be asked to sign a promisorry note or have some requirement for 'participation' in the form of a cash payoff.

By the same token, I have also had some negotiators tell me that they are required (by the investor) to request the promisorry note and or a participation from a seller, owner occupant, with a legitimate hardship. I have found much success with by providing additional documented counter response outlining the reasons why the the seller cannot participate nor qualify. Sometimes its a matter of that additional doucment for their file.

Please feel free to contact me for exchange of info as well as referrals. I live and work in Fort Lauderdale and surrounding cities in Broward and Miami-Dade counties.

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PREPARING THE SELLER

Started by Mike Beernink. Last reply by Lorraine Hunter, CIAS, CDPE Nov 5, 2010. 1 Reply

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