Thursday, August 19, 2010

If my home is in pre-foreclosure, am I able to put it up for sale by owner?

I think it depends on where in the foreclosure process you actually are. If the house hasn't gone to auction yet, you should really take a look at a short sale. I work for a real estate office and we negotiate a lot of short sales. It's a negotiation with the bank holding your note of a sale of the property that gets you out and gets your bank some money. In most cases whoever buys your house will give you a little walking money to move and a short sale looks much better than a foreclosure on your credit.If my home is in pre-foreclosure, am I able to put it up for sale by owner?
Yes, you can do almost anything you want with your home while it's in foreclosure, as long as you don't intentionally decrease the value or take fixtures from the home. This includes renting or leasing the home to another person. You are still the owner of the home and can do what ever you want. But there are laws (in most states) that prohibit you from damaging or removing built-in fixtures/appliances from the home once a NOD (Notice Of Default) has been filed.





The answer that said you would have to pay income taxes on the difference in a short sale is incorrect. The laws were changed almost 2 years ago that eliminated income taxes on the bank's losses. But, depending on your state and circumstances, you could be required to pay a deficiency judgment to the lender in the event of a short sale.





It is always better to try and sell your home outright. In fact, with a short sale, you are still trying to sell the home, but you will make it clear that you will consider any offer. Once an offer comes in, you take it to your lender and ask if they will accept it. Ideally, you should negotiate a complete settlement for the offer price. This will include the lender waiving their right to pursue a deficiency judgment.





Short sales can become very complicated, so I highly recommend using a Realtor with documented experience in getting short sales approved. If they can not show you an extensive track record of approved short sales, then I would recommend going to a professional short sale negotiation company.





Our company does this and have a very good track record and success and we know of several others around the country with similar success. There should be NO COST to hire someone to negotiate your short sale! They will get paid out of the commission from the Realtor when the home sells. This is legal because the negotiators should be attorneys or licensed agents for your state.





Good luck and let me know if you have any other questions!If my home is in pre-foreclosure, am I able to put it up for sale by owner?
Yes. If you manage to sell it and pay off your mortgage, you will not have to go through foreclosure and it spares you the 10-year record of foreclosure on your credit report.





If you sell it for less than you owe, you have to make up the difference or else you could have to pay income taxes on the portion of the loan you do not repay. Short sales are very difficult to get approved and may well cause problems in selling and closing the deal.
Yes of course, the catch is to sell before the foreclosure. Also ensure you advise your lender, lawyer, or whom ever about the posting of sale.
Yes you can
Yes, just make sure your lender approves.
You could try that but I doubt you would sell in time.
Yes.

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