The short sale by itself is a sophisticated game. It is even more interesting when a second mortgage is involved. Often, both mortgages are with the same lender. In this case, it is processed as one and the negotiator will apply all of the paperwork and actions on both loans. If the second mortgage is with another lender, then there is more work involved.
I was surprised on several occasions when negotiating with second mortgage lenders. The negotiators did not know about the rules and the priorities of differed lien holders. Here is the most important rule: at the public sale the second mortgage is completely wiped out. They get nothing. The real estate market is experiencing the lowest point of the bell curve. Almost 80% of the houses in foreclosure are upside down, which means that the fair market value is lower than the amount owed on the first mortgage. There is nothing left over for the second and the following mortgages, if any.
All of the contracts involving a short sale are subject to the lender’s approval. The first mortgage allows the second mortgage to receive some funds, but usually no more than 10% of the balance on the loan. Here is how to proceed:
1. Start the negotiation process with the first mortgage holder. Request the short sale package and provide the information required. It includes the following: purchase contract, preliminary HUD (net sheet), hardship letter, financial sheet (income and expenses), prove of income, tax returns, bank statements, preapproval letter from the buyer’s lender.
2. Call the second mortgage lender and let them know that a short sale has been initiated with the first mortgage. Provide the paperwork they require. Explain, that at a public sale the second mortgage is wiped out. As I told you, often they do not know it. The public sale also ends their relationship with the property. The second mortgage will obtain a credit card status. They can pursue their balance as an unsecured loan.
3. Make sure that the first mortgage holder is aware of all of the liens and other mortgages. This is the reason they require a preliminary HUD to go with the contract. The Title Company usually prepares the HUD. It is a settlement or net sheet that shows the lender how much they are going to net. On this sheet there should be the pay off for the second mortgage. The first mortgage holder must approve it.
If everything goes smoothly, the second mortgage gets paid something in order to release the lien. They are required to provide this release to the title company in order for the closing to happen. Both lenders will send you forms 1099-A or 1099-C. The amount forgiven is considered an income and should be included on the tax return. There is an exclusion if the house was a primary residence.
By: Margarita Slavkova