Sell Yourself 'Short' - The Short Sale Process, Procedures and Tips to Avoid Foreclosure

Gosselin Law's short sale group can be reached at 781-782-6000 or toll free at 877-325-6746. Gosselin Law has convenient office locations in Boston and throughout Massachusetts.

    What is a Short Sale:

    • When a lender accepts a discount on a mortgage to avoid a foreclosure or bankruptcy.

    Why a Lender Would Take a Discount:

    • They do not like excess inventory or bad loans on their books;
    • Loss mitigators have incentive to clear up defaulted loans - short sales help do that; and
    • Lenders know they can lose more money if a home goes to auction.

    Lender "Short Sale" Factors:

    • Whether the seller deserves a break due to: financial hardship caused by unforeseen circumstances (layoffs, divorce, illness, etc.);
    • Whether it would be cheaper to repossess the home, fix and sell;
    • How many other properties the lender has in default; and
    • If co-signers are on the loan and can help pay the mortgage balance.

    The Short Sale Process:

    • Acquire a professional (such as a real estate attorney) with short sale experience.
    • Contact the lenders 'loss mitigation department' to discuss the possibility of a short sale and determine the lenders process for completing the sale. This sometimes involves acquiring a 'Short Sale' or 'workout' packet.
    • Seller must issue a signed 'Release' or 'Authorization to Release Information' to authorize the release of personal information about the loan and the property for the buyer or escrow agency.
    • Lender will review the settlement statement indicating: sale price, loan balance, expenses, commissions and fees associated with closing the sale.
    • Seller must complete a 'hardship letter' explaining the reason for wanting a short sale. The letter should include all information regarding the financial circumstances of the seller along with bank statements, investment account information, pay stubs and other necessary financial information.
    • The lender will connect with the broker to provide a price opinion based on the condition of the home, market value, maintenance costs, etc.
    • The lender reviews the purchase agreement and real estate commissions and weighs them against the cost of repossessing the home to sell or auction.
    • If the lender finds the situation works in their favor, the short sale will proceed with the terms negotiated in the purchase and sale agreement.

    Short Sale Mistakes to Avoid:

    • Don't low-ball your offer. Lenders are trying to minimize loss and have a good sense of property values so make your offer as tempting as you can while staying inside your profit guidelines.
    • Have a knowledgeable short sales professional on your side. Lenders are busy and do not have time to explain the process so make sure you know what you are doing, or find someone (like a real estate attorney or a broker with short sale experience) who does.
    • Don't assume each lenders short sale process is the same. Each lender has different documents, requirements and regulations so don't foul up by making assumptions.
    • The fewer loans on the property - the smoother the short sale process. Avoid complicating an already complex process by having a good handle on what's owed on the home.

    Why Short Sale Knowledge is Important for Brokers and Real Estate Agents

    • You can recognize  the opportunity to sell a home and receive commission on a home that would otherwise be repossessed by the lender or auctioned.
    • To develop a favorable reputation among potential buyers (who stand to purchase a discounted home with a short sale) and among sellers (who will no longer go into foreclosure or declare bankruptcy) let the experienced short sale lawyers at Gosselin Law guide you through the MA short sale procedure. Very often the legal fees are negotiated with your lender as part of the short sale procedure. Gosselin Law's short sale group can be reached at 781-782-6000 or toll free at 877-325-6746. Gosselin Law has convenient office locations in Boston and throughout Massachusetts.

Short Sale Procedure Hotline

Due to the overwhelming response that we have received to our short sale practice group, Law for Life has instituted a toll free hotline for inquiries regarding short sale transactions in Massachusetts. Although the service is intended to be a general resource for the public on short sales, it is very much a service of the Law for Life law firm and intended to serve as an access point for the law firm. Fees for legal services in short sale situations vary greatly, but generally, are included in the final settlement with the mortgage lender(s). Attorney Adam Yourell leads our short sale practice group and can be reached at the hotline's toll free number - 877-325-6746.

Massachusetts Short Sale (As seen on the Fox 25 News at 10pm)

A house in your neighborhood or even on your street may be the next one up for foreclosure. Many people are finding out that great mortgage they locked into may not be so great after all. Rising rates are causing big problems all over the country and here in the Bay State.
Click here to watch Attorney John Gosselin as he offers up tips to avoid foreclosure and navigate the short sale process as seen on Fox 25 News at 10pm with Ted Daniel. You can reach Law for Life's Short Sale Group at 781-782-6000. The experienced short sale lawyers in his law firm assist Massachusetts residents facing foreclosure. Ordinarily, the legal fees associated with short sale representation are paid as part of negotiated settlement with the loss mitigation department at your bank.