BEST ANSWER
Diane:
In answer to your question and based on my experience doing short sales:
1. You do not have to be behind in your payments to negotiate a short sale. You just have to show that making your payments is not a sustainable option.
2. Those who tell you that banks won't speak to you if you are current on your mortgage are buying into an 'old wives tale'. The clerks in the Loss Mitigation department like to tell you that, but the higher ups don't require it, in most cases.
3. More and more, banks want to work with you to keep you from becoming delinquent in you payments during the short sale process. One of my clients got a forebearance from the lender for 2.5 months. The terms were NO payments, NO negative reporting to the credit bureaus, NO late charges, NO default interest charges, NO collection or legal fees, NO foreclosure proceeding.
4. A short sale is all about negotiating. You can't get what you don't ask for. I have been asked, how did we get the forebearance. Answer: ask and negotiate.
5. A short sale is basically an agreement from your lender to take less than what is owed as payment in full for your loan. Therefore, any payments that you make during the short sale process are basically to reduce the negative impact on your credit score and show good faith. (Then again, if you have a forebearance, this is a moot point.)
6. Negotiate, negotiate, negotiate and ask for the moon. Make sure your Realtor knows how to do this, is tenacious and persistent, and knows when to push and when to give the lender time. Then have patience yourself while the process works its way through.
Now that I have answered your question, I am wondering, what has brought you to the conclusion that a short sale is your only option. As a home retention consultant, I work with people to explore ALL their options for saving their home and / or their credit. I would be happy to speak with you directly to explore the options that fit your specific circumstance, no charge, no obligation and also no promises. If you could find another solution, would you take it? Dare to Dream.
Shel-lee Davis
Real Estate Consultant
RE/MAX Palos Verdes Realty
Fri Aug 8 2008, 18:10