Losing your home can be a very emotional event in your life. Since homeownership is considered the “American Dream” and one of the best benefits of freedom, the loss of homeownership can feel like you are being evicted from a very elite club, and having your freedoms stripped from you.
You should know however, that short sales are very common and for a variety of reasons. By doing a short sale, you are protecting your rights to purchase a home in the future, and showing your high level of responsibility by working to solve the problem before the home goes to a trustees sale, which would result in a successful foreclosure, and possible worse financial distress.
Many people may not understand why they can’t just raise the price of the home to cover their costs. That's because price is happening in the present, and value is in the eyes of the beholder. What you paid for your home has no bearing on it’s current value, or the offer price they may receive.
"Fair Market Value" - is the price a buyer will pay and a seller will accept for the house, given that neither buyer nor seller is under duress.
However, "duress" is the keyword.
"Duress" - is either party under pressure, causing them to have to perform quickly.
In the case of a foreclosure, or job relocation, you may need to perform quickly. That puts you under duress. Fair market value flies out the window.
If you are upside down, you may think that you “can’t sell”. The fact is, you probably “won’t sell”. An example of somebody that can’t sell is someone whose home has been swallowed by a mudslide or an earthquake, whereas the property no longer has an value. If a buyer exists, that will pay an amount for a property, then the home can be sold. Make sure you understands the difference between “can’t sell” and “won’t sell”.
According to Eric Tyson, MBA and Ray Brown in “Home Buying for Dummies”, it is important not to let “impartial” get confused with “fair”. Fair Market Value doesn’t care about any of the following:
- How much the sellers need because they overpaid for their house when they bought it.
- How much the sellers need to recover the money they spent fixing up their house after they bought it.
- How much money the sellers need to pay off their loan.
- How much money the sellers need from the sale to buy their next [home]...
There are more than a few considerations to take into account when considering a short sale.
Credit Liabilities
A short sale will have adverse effects to your credit. However, the effects of a short sale on your credit is far more desirable than the effects of a foreclosure. A foreclosure will have a much more adverse effect. If you currently have good or excellent credit, this will be a large blemish. However, this blemish will fail in comparison to what a foreclosure will do. Credit reports recover much faster from short sales than they do from foreclosure.
Tax Liabilities
Probably the most commonly overlooked aspect of a short sale, is the tax consequences to the seller. Even though no physical money is received, banks will issue a Form 1099 to most sellers for the outstanding amount that was not covered in the cost of the sale. This will be considered income to the seller by the IRS, and will be subject to normal income tax rates. Since no income tax is paid, there will be an amount due at the end of the year. The exception to this is that some homeowners may meet the IRS’s definition of insolvency (⎯either in bankruptcy or with debts exceeding assets⎯) and may not be required to pay taxes on the amount forgiven. Also, with the economic stimulus package in 2008, the IRS for the most part stopped counting foreclosure debt forgiveness as income. Talk to you accountant to find out what, if any is your tax liability.
If you think you may be in need of a short sale, contact us, and I will be happy to review your situation and see what may be the best solution for you.