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By Patty DaSilva, CDPE,
As a CERTIFIED DISTRESSED PROPERTY EXPERT©
and short sale specialist, I specialize in working with sellers who are in financial distress by avoiding the devastating consequences of a foreclosure with the successful negotiation of a short sale.
If you are in distress, please do not get discouraged! A successful short sale will end your foreclosure and give you the ability to move on and most likely be able to purchase a new home in two years. There is so much negativity out on the web about short sales and they are just not true facts about short sales. They are however the facts of a short sale transaction that was handled by an agent who was never trained nor qualified to work the complex, detailed world of short sales.
A home that is properly listed, properly documented, properly prepared and fully complete when presented to the lender should never end up in foreclosure. Take my word for it! LENDERS DO NOT WANT YOUR HOME!! They want to be shown all the reasons why they should accept the short sale offer presented to them. And they do accept them.. day in and day out... they just have to be shown, with facts, data, marketing material, etc... all they need to know, plus all they could ever possibly wish to know about your home, your area's, city's, county's market condition and they will be convinced that if they do not accept the offer, they will end up with a foreclosed home (tens of thousands of dollars + months later) that they, themselves cannot sell.
Many families are in financial trouble because of a declining economy and an unstable real estate market. Numerous families are finding it increasingly difficult to pay for their homes and, consequently, are in jeopardy of losing their home to foreclosure*. Unfortunately, homeowners are not aware of the options that are available to them, or whom to turn to for help. First and foremost, a homeowner about to be or already in financial distress should contact their current lender(s) to find out if there are options available for their particular situation. In some cases, a loan modification can be arranged directly with the lender, at no cost.
Regrettably, a significant number of home loans were poorly written; therefore, loan modification is not an option for a large portion of borrowers in distress. Homeowners may seek counseling; counseling is offered free of charge, by calling the U.S. Department of Housing and Urban Development, HUD, toll free at: (800) 569-4287
Homeowners should beware of paying any fees to and stay away from any so called, "counseling agency", as they are not regulated and offer little to no help. Most States have also set up toll free numbers to counsel their residents. More and more homeowners, who have been unsuccessful in getting any assistance from their lenders and/or government agencies, are turning to a CERTIFIED DISTRESSED PROPERTY EXPERT© (CDPE©) who specializes in helping distressed homeowners who are “upside down” on their equity, late on their mortgage or who are already in the foreclosure process.A CERTIFIED DISTRESSED PROPERTY EXPERT© (CDPE©) will see the homeowner out of their distressed situation by successfully negotiating a short sale with their lender(s). A CDPE© understands the issues, concerns and consequences that distressed homeowners are facing everyday. It is imperative that affected homeowners consult with a CDPE©, a short sale specialist, who is qualified to answer their questions.
The consequences of a short sale are minor when compared to the outcome of a foreclosure. Foreclosures have a devastating effect on credit history, job security, employment opportunities, security clearances, military and law enforcement careers, and the ability to purchase a home in the future, to name just a few. Additionally, a foreclosure becomes public record, searchable by anyone, and can NEVER be removed.
Lenders are now more willing to accept a short sale offer for a property's true value, even if it is less than the amount owed. However, lenders are receiving thousands of short sale offers per month (most of which are incomplete packages that get tossed to the side) so, a complete and well-prepared short sale offer package, sent by a CERTIFIED DISTRESSED PROPERTY EXPERT©, has the highest chance to be expedited quickly through a lender's full log.
If you (or anyone you know) are about to miss a mortgage payment, have already defaulted on a home loan, or have been served foreclosure papers, a CERTIFIED DISTRESSED PROPERTY EXPERT© is able to help. The sooner you seek help, the better the chances of a positive outcome but help is available up to last phase of the foreclosure, so please do not refrain from seeking help because you think it is "too late". A CDPE© will not charge any fee to the homeowner, the CDPE© will get paid by the lender, at the end of foreclosure proceedings due to successful sale of the home.South Florida
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We have all been bombarded with new creative ads, mailers, door hangers, and TV and radio commercials promoting "foreclosure delay experts." ads. These ads are a few of many examples of how advertising is being misused to confuse vulnerable homeowners. Some ads claim to provide a service whereby they guarantee a homeowner will stay in their home for one year. This is just one example of deceitful information targeting the already distressed homeowners. The average time for a foreclosure proceeding in Florida is in excess of 200 days, free of charge, so these less-than-forthcoming advertisers are charging money, when people need it the most, for a service that homeowners, in essence already have.Please do not pay, or let anyone you know pay money to anybody claiming they can stop foreclosures, including attorneys. Attorneys cannot stop foreclosures!
The new "fighting foreclosures" and "foreclosure defense" ads attorneys are now broadcasting are just another example of manipulation of information used to confuse and mislead the targeted distressed homeowner. Attorneys will "fight" a foreclosure until the homeowner is out of money. The only "defense" to a foreclosure is either to bring the loan up to date or sell the home with lender's approval. The use of an attorney to represent the seller in conjunction with efforts to sell the home in a short sale is the proper action to take.
If the borrower can catch and pay the total amount owed to the lender, even up to the sale date, the lender will stop foreclosure. No one but the lender can stop the foreclosure process, and they will do so when either the home owner pays the mortgage, bringing the loan payments up to date, or with the successful negotiation of a short sale. These are the ONLY two ways for a foreclosure process to end. The homeowner will then be able to move on with his/her life, and in many cases, be eligible to own a new home in two years.
This information barely scratches the surface. Mortgage delinquency and foreclosure are complex issues, and each and every case has its own unique set of facts and challenges. In most cases, homeowners are experiencing this overwhelming stress alone, without help of any kind, from anyone. It does not have to be that way. Families all around the country are in desperate need of proper guidance. Not only do homeowners feel uncomfortable seeking the help of strangers, but a good amount of distressed homeowners might not feel comfortable asking delicate, private financial questions to people they do know. As a result, they do not ask anyone, and end up falling deeper in trouble. The Short Sales Message Board is a venue that was created specifically for distressed homeowners to ask Experienced Real Estate professionals questions while maintaining total privacy.
A foreclosure is a devastating financial and emotional process for any family to endure and recover from and it should be the homeowners last resort.
(This article reflects the opinion of the author and it is not to be considered legal advice. The author is not an attorney or a CPA. If you are in need of legal or tax advice, it is recommended that you to contact someone you trust, as laws vary from State to State. The author is a Licensed REALTOR® and able to give real estate advice.)
* In Florida, a judicial State, a foreclosure happens when a lender files a lawsuit in State court against a borrower.