Tuesday, March 6, 2012

Why Short Sale Instead Of A Foreclosure Defense?

One of the services I offer to homeowners, investors and commercial borrowers is a full review of their current mortgage (sometimes known as an audit), if the mortgage is in foreclosure.  I have had many instances when the borrower has been able to establish a defense or gain leverage to negotiate based on our findings.  To date we have helped borrowers negotiate millions of dollars in reductions.  

However, over time I've also become a big proponent of short sales if they can be successfully closed with a waiver of deficiency.  Statistics show that on average a home sold through a short sale brings a 24 percent greater return to the lender than a foreclosure.  While banks are offering incentives to homeowners and borrowers to short sale, in many cases this 24 percent can be a tool for negotiating more favorable terms for the borrower such as cash for keys or a waiver of deficiency.  

Regardless of the decision you make to short sale the property or establish a foreclosure defense, it is imperative that you have a professional on your side.  I have seen many foreclosure defenses botched by inexperienced attorneys and short sales fall through due to a lack of knowledge on the part of real estate agents and attorneys.  

Due diligence is the key to putting a negative real estate experience behind you.  Should you have any questions or need an introduction to a capable and knowledgeable real estate agent or attorney, please don't hesitate to contact me.




Suzanne Morton is a partner in Compleat Consulting Group, Inc. and is a respected consultant in the mortgage field working with  over 50 law firms as an expert in foreclosure defense and compliance.  Additionally, Suzanne is a Senior Loan Originator with The Mortgage Firm originating residential loans.

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