With a short sale, do we continue to pay our mortgage?

Kristen
Both Buyer and Seller
Chicago, IL

My husband and I are thinking of doing a short sale on his property. Currently, we own 2 condos - my husband took a $15000 pay cut last year, and we are newly married. We are living in mine (also for sale, listed at $179, owe $164, comps $150, CANNOT rent), and renting his (lease up in Dec, listed for $210, owe $209, comps $160 - he also has 2 mortgages). We have decided to move forward with a short sale on his as we learned it will only damage HIS credit, and in the future when we want to buy a home, we can use me as the buyer. We have heard from our lawyer and realtor to stop paying the mortgages as the bank will not look at a short sale unless we are in default. When we spoke to the lender (Chase on BOTH mortgages), he advised it would not be as damaging to our credit if we continue to keep current on payments. We are not sure who to trust.

Answers (5)
Nichole Lathus
Agent
Tinley Park, IL

HI KRISTEN,

IN MY EXPERIENCE WITH SHORT SALES, I WOULD HAVE TO SAY THAT IT WOULD BE IN YOUR BEST INTEREST TO MAKE WHATEVER PAYMENTS YOU ARE ABLE TO MAKE. ONCE YOU COMPLETELY STOP MAKING THE PAYMENTS, IT IS ONLY A MATTER OF TIME BEFORE THE BANK WILL START THE FORECLOSURE PROCESS ON YOUR HOMES. I BELIEVE THAT A FORECLOSURE WILL HARM YOU UCH MORE THAN A SHORT SALE. THE SHORT SALE PROCESS IS NOT STARTED UNTIL THEY RECEIVE A CONTRACT FOR THE PROPERTY. ONCE TEHRE IS A CONTACT, THEN THERE IS A PACKAGE THAT MUST INCLUDE THE CONTRACT, MARKET ANALYSIS, HARDSHIP LETTER AND OHER ITEMS FOR THE BANK TO APPROVE THE SHORT SALE. YOU MUST BE ABLE TO SHOW TRUE HARDSHIP AND PROOF THAT YOU ARE UNABLE TO MAKE YOUR PAYMENTS.
IF YOU HAVE ANY OTHER QUESTIONS, FEEL FREE TO CONTACT ME AT 708-646-6533

HAVE A GREAT DAY AND GOOD LUCK,
NICHOLE LATHUS
MCCOLLY REAL ESTATE

Fri Oct 23 2009, 16:05
Kristen
Both Buyer and Seller
Chicago, IL

We actually do not have equity in the condo, which I believe from reading has us out of the Deed-in-Leiu. My husband met with the bank regarding a mortgage modification, but they said it could not be modified as we are not living in the home?? Also, did not qualify for re-financing the second loan because of the way it is set up.
If we do go through with the short sale, we should continue to pay the mortgage?? From my understanding, our realtor will just lower and lower the price every few weeks until we have a buyer, at which point in time, we can say yes or no, and then we have to apply to the bank, which can take a few weeks for them to approve and accept the lower offer??
Also, stupidly, my husband and I have our primary checking account with Chase, a savings (with nothing in it), and a credit card with Chase. Our checking does have auto-deposit and every 2 weeks a large chunk is deposited there, but it goes to pay bills as well as almost $4200 in mortgages/taxes/HOA dues. If we were to stop paying the mortgage, would Chase just start auto-debiting the account for the mortgage??
Truly, other than the fact that we cannot sell for anywhere near the market value, we have two places with a LARGE bill for mortgages, and my husband took a $15000 pay decrease, we have no "real" hardships (as I have read with many people with kids, losing jobs, etc). Do you think we would even qualify for a short sale??? Thank you!!!

Fri Oct 23 2009, 05:43
BenitoGarza....
Agent
Minneapolis, MN

Please seek help:
http://www.nhschicago.org/content/calendar_fp.php

Thu Oct 22 2009, 21:53
BenitoGarza....
Agent
Minneapolis, MN

Hi, have you tried a Loan Modification? Renegotiate your loans, maybe instead of 30 years, ask for 40 or 50 years.
Also, I had heard that some 2nd mortgages are subordinating in order to refinance the first one and lower your payment. Ask the second mortgages if they have a plan to do that. As long as you are current, you could be able to do it.

Check with your county / city for a foreclosure prevention.

Call your lenders and ask if a Forbearance could be for you. If you do not want to keep neither of the properties you could try: Deed-in-Lieu
http://www.hud.gov/offices/hsg/sfh/nsc/faqdil.cfm

If you stop making payments and the homes do not sell you could face foreclosure.

Thu Oct 22 2009, 21:12
Suren Pogosov
Agent
08550
FIRST ANSWER

Short sale is not the way to get rid of the property. It is a foreclosure alternative. Before they approve a short sale they will make sure you have a hardship. If you can afford your mortgage payments you don’t look like a person who has a hardship in his life. A short sale wouldn’t damage your credits more than having a foreclosure on your records. Short sale is a very difficult transaction. 1-st to get approval from your lender (the more leans the harder to get approvals) 2-nd to find the buyer who would wait for few months and will pay the fair market value for the house.

Read more about short sale on my web-site

Good luck.

Suren

Web Reference: http://www.freeMLS.org
Thu Oct 22 2009, 20:41

Didn’t find what you were looking for? Ask a question!

Search Advice

Ask a question

Got a real estate question? Get answers from locals, experts and real estate pros.
Ask
Email me when…

Learn more

View all » 1 - 3 of 16
Copyright © 2009 Trulia, Inc. All rights reserved.   |   Fair Housing and Equal Opportunity
Help us improve our service—send us feedback