Short sale may be an option if you are several months behind on mortgage payments and worried that you may soon be in foreclosure in Miami. A short sale is when your lender agrees to you selling your home for less that you still owe on it which allows you and the bank to avoid the money and stress of a foreclosure. Generally the bank will also agree to forgive the rest of the mortgage. Only Miami foreclosure attorneys can advise you if a short sale is the best option for your situation. If you are considering asking for a short sale Miami, it is important to educate yourself. Here are a few tips to a smooth short sale.
- Get organized. Make sure you have all of your financial documents handy. Your bank will need taxes for the last few years and pay check stubs. Create a file with all your financial documents including bank statements, and retirement or investment accounts. When you are in the review period, the bank may ask for additional documentation. The process will go much smoother if you are organized.
- Make your case to your lender. Your bank must agree to the short sale. You need convince them that you are in true financial distress. Remember you are asking them for a favor and they are under no obligation to accept your offer.
- Make sure that you hire a realtor who is experienced with short sales Miami. Short sales require different paperwork and an experienced realtor will make sure that all the paperwork is correct.
- Understand how your taxes might be affected. If you lender does agree to discharge the remainder of your mortgage after the sale of the house, the IRS may consider that taxable income. Consult a tax attorney or CPA to determine how the short sale might effect your taxes. You many end up owing some money.
- Make sure the buyer you find understands how a short sale works. While you are waiting for your lender to make their decision there will be weeks or even months where you hear nothing. If the buyer changes their mind and backs out you could be forced into foreclosure.
- Do not wait too late to ask your lender. You will need to be several payments behind, but still several months before foreclosure. Ask too soon and you will be denied, ask too late and you will not have time to close before foreclosure.
- The lender does not have to discharge your debt after the short sale. Depending on your financial situation, they may still come after you for the remaining balance unless you have it in writing that the rest of the mortgage was discharged. Additionally, they may ask you to share the loss with them and pay just a portion. Make sure you understand your bank’s offer when you apply for short sale.