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Short Sale Insolvency Question

Short Sale Question to Portland Short Sale Realtor:  Owner Insolvency

Portland Short Sale Realtor  – Owner Insolvency

This is a Short Sale client question about solvency and Short Sale approval.  This is a very common question.  Client is unable to continue paying for the property and found another residence.  Presently they are doing well enough.  The client is not broke, but continuing paying for the property will drive them to bankruptcy for sure.  Right now they are insolvent enough for the bank to entertain the approval of a short sale.  Most likely the bank will approve a short sale.  This is very common in Portland

If you have any question call me, Oscar Morante, at 971-222-3734.

 

L & M,

I am glad you are educating your self very well about the subject. 

Here is what will happen:
The bank will determine whether you are solvent enough for you to continue paying or not. Based on that they will negotiate with you through me.  We will present the documents in the way they request and negotiate based on that. If you would have lots of extra cash the property would not be in this situation.    For the moment all what can be done let the short sale take its course. 

Feel free to ask me any questions or get clarifications about any of your concerns.  I am happy you are on top of things.

Sincerely,

Oscar

At 05:37 PM 1/11/2012, you wrote:

Hi Oscar,

In reading over information (from your website) on "Is a Short Sale right for me", we are having  concerns about being able to successfully establish that we, as the homeowner are INSOLVENT and proving that we are INCAPABLE of covering the lender for any shortfall.

All of our financial documentation (tax records, pay stubs etc), which they will want to see, leave us having serious doubts with our ability to convince MetLife to relieve us of the outstanding dept.   Please let us know how to proceed.

M & L

 

www.portlandgolbuyers.com  www.bestshortsales.com   www.portlandshortsalerealtor.com

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West Hills Short Sale – 4230 SW Chesapeak Portland

Portland West Hills Short Sale

4230 SW Chesapeak, Portland, OR 97239

COUNCIL CREST PK, BLOCK 33, LOT 11-13 TL 5400

Portland Short Sale

 

Take Advantage of this Short Sale: Make Offer -Fixer.

Diamond in the rough.  Accepting short sale offers now.  Mostly normal wear an tear for a mid century ranch. The property needs to updated and requires renovation. Try level type floor plan. Better with cash offer.

Well located fixer in area near Council crest. Diamond in the rough.  Newer heating system, open beam ceiling, hardwood floors throughout, oversized lot. Newer appliances. 2 gas fireplaces and 1 wood fireplace.  Newer Penguin vinyl and vinyl/wood windows.  Quiet location close to downtown.  Full set of architectural remodeling drawing included ($20K worth)

This property is of a multy level type distribution.  Similar to a tri-level set up.

Call 971-222-3734

Portland West Hills Short Sale

 West Hills Short Sale

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North Portland Short Sale Communications

 

Cozy Modernized 3 Bed 1 1/2 Bath Bungalow, 

1 Block from Max, Big Lot Minutes to Downtown

$115,000

 

Great Short-Sale Opportunity                   Want a Great DEAL? Make an Offer!

 

More Info at:   http://tinyurl.com/northkilpatrick

 

3 Bedroom            1 ½ Baths  1248sf total          Built 1951   Refurbished 2005-2006  

 

Features:

 

  • Nicely modernized in 2005 & 2006
  • Designer colors
  • 5000 sf lot with nice lawn and plenty of parking
  • Laminate flooring first level
  • Carpet flooring second level
  • Newer appliances – From refurbishing date – In great shape
  • Newer water tank-less heater – From refurbishing date – In great shape
  • New double pane windows in most living spaces
  • Newer roof  - From refurbishing date – In great shape
  • Friendly neighborhood

 

Dear Short Sale Dept. Rep,

 

As per your request of today Monday June 6th, 2011, I attached to this cover letter is the listing agreement for 1330 N Kilpatrick St, Portland, OR 97217.  I am the Realtor representing the above mentioned seller.  Please start the short sale as soon as possible.  I look forward to closing this deal ASAP.  Please let me know if you need anything else.

 

Sincerely,

 

Oscar Morante

 

Rental Explanation

 

I purchased the house on April 26th, 2006. It was my home for more than two years and I had to leave in June 2008 only because I was relocating to San Diego for a better job. And even though I was in San Diego I hired contractors to do multiple repairs in the house and around the property.

 

Repair expenses totaled $20,000 and mortgage was $1,793/month so by end of August 2008 I decided to rent it to be able to keep the house payments current and to cover for seasonal repairs. I wanted to save the house so I never missed a payment even though renting was a total loss.

 

Rent breakdown is explained in detail on the next page.

In total, from August 2008 to July 2010, I paid $44,344.56 in mortgage pmts offset by $7,776.67 in total rent. Thus my resulting loss was ($36,567.89).

 

Upon letting the renters go I found out that there were more repairs to be done (flooring, cabinetry, etc.) that totaled additional $10,000. I did try my best but after the repairs were done I came to the point where my finances were completely drained and trying to keep the house was not an option any longer.  

 

Sincerely,

 

 

Statement of Maintenance

Right now the property is vacant, on the market and maintained at my expense.  I am paying for utilities and landscaping.  The interior is clean and ready to move in.

 

The property has been vacant since June 2nd, 2010 and has not been rented to anyone since then.

 

 

 

Sincerely,

 

Dear Boyd,

 

Thanks for attending the short sale of this property.  As per your request, attached to this letter are the following documents. 

 

  • Copy of your email used as check list
  • Listing history showing serious attempt to get best possible offer
  • Arm’s Length Affidavit – Signed
  • Approval to Participate – Signed
  • Purchase Agreement – Revised per your request
  • Closing Extension – As per your instructions
  • Listing Agreement – Revised as per your request
  • HUD-1 based on the offer

 

 

Sincerely,

Dear Boyd,

 

As per your instructions, attached is the lien release for 1330 N KILPATRICK STREET PORTLAND OR 97217-6639. 

 

I checked with the title company.  In reality there was never a true lien recorded on the property, it was only a claim of lien, and it expired because it was paid off and never litigated.  Mrs. x, because of her financial problems, took a little too long to pay for work done at the property.  Because of this the contractor filed a "Claim of Lien".  As mentioned above, this never became a lien.  Soon after that Mrs. x paid the debt in full.  That is why the claim of lien is not showing in title. See attached recent title report.

 

In any case, since there is release of lien, and the lien was never in title, I think all the title issues on the property must now be resolved.  Please go ahead and approve the short sale.  That way we can close this transaction ASAP.  Thanks.

 

Let me know if you need anything else.

 

Sincerely,

 

 

Boyd and London,

 

We are moving quickly towards the closing of 330 N KILPATRICK STREET PORTLAND OR 97217-6639.  Today we hit a snag. 

 

The crawl space under the house is substandard.  A loan will not be approved for the property because it most of the crawl space is less than 5" deep when it should be 18" deep.  Please let me know if you can provide an allowance for solving this issue.  I am very surprised about this issue.  The property is presently FHA financed.  Because of this, I was assuming there would not be any construction issues to affect the sale.  Can you do something about this?

 

There are two solutions.  One is to get a cash buyer.  For this the property will have to be further discounted.  Another is for Wells Fargo to allow in the closing for that work to be done.  For this we will need an estimate. I look forward to your quick reply.

 

I look forward to hearing from you soon.

 

 

Sincerely,

 

 

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Initial Default and Short Sale Questions – Portland

L & M,

Her are the answers.  Don't lose sleep.  See them in RED.

At 10:10 AM 10/3/2011, you wrote:
 

Hi Oscar,

I am losing sleep worrying about our short sale plan – probably because we just skipped our first house payment.  We have never done anything like this – our credit score is excellent.  Your credit will be damaged very soon. 

1.  When does the mortgage holder begin contacting us about missed payments?  It will happen after you miss the 30 days window of initial default.  If they don't contact you very soon, the bank probably got paid from you account.  Check.

2.  How long do they keep trying to contact us. Permanently until the house is either short selled or foreclosed.  The bank will not leave you alone.  However, you have the right to make them not contact you by phone.

3..  When we purchase a phone jack, how will they know to call that new number?   I assume we have to set up a new ph number & line with the phone co.  The lending co (Met Life) has our home ph number. You will have to inform them to call you only to the majic jack number.  It has a message system, so you can take messages.

4.   Will they physically approach you in trying to get payments?  Most likely not.  Eventually they will serve you with a foreclosure notice.  That will not be soon.
 
5.   How much of our financial information do they have access to?  Whatever you give them.

Let me know if you have additional questions.

Oscar
 

Thanks,
Li

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USDA Loan Short Sale Situation Question

Dear K & J,

Thanks for contacting me for your short sale questions.  I can definitely help you.  Below are my answers.  Please consider that I am not providing legal or accounting advice.

The financial situation affecting the property is very common.  Right now the employment situation is tough.  It is typical that the property is over mortgaged.  Most properties acquired with the tax credit and the USDA loan were bought new and at high retail.  That is why soon they became over mortgaged.

Here are the answers:

  • I have not shorted a USDA loan.  Most likely it is entirely possible.  I can find out
  • The more broke you are, the higher the chance Bank of America will approve your short sale
  • Normally the bank looks at your last three months bank statements, last two years taxes and other recent financial information
  • Banks usually don't negotiate until the borrower is a few months in default.  T
  • Your credit will definitely be affected by a short sale.  The damage is comparable to settlement of a credit card for less than owed.  Less than foreclosure

Let me know how else can I help you.  Are you in the Portland area?

Oscar

At 01:41 PM 8/29/2011, you wrote:

Hi Oscar,

Here's the situation… 

Purchased a home 05/2009 for $229,500 with a 100% USDA loan through Bank of America – Received $8,000 first time home buyer tax credit. 

Home is now worth approx $190,000 – $200,000 (based on area comps)  I owe $221,700. 

Wife's business failed in early 2011.  My employer is telling me my position will be eliminated in the next few months….   Were barely making it now and won't be able to make the mortgage payment once my position is eliminated.

1. Can I short sale on a USDA Loan?  Is the process any different? 

2. Do I understand correctly that I essentially have to be broke in order for B of A to approve a short sale?  (I'm planning on hiding my savings cash to get approved for the short sale) and I owe more on my car than it's worth and have no other assets.  Do they only look at 2 months back bank statements or do they ask for 6 ?  
 
3. Do I have to be behind in the mortgage payments to get a short sale approved?  I'm hoping not to destroy my credit too much if possible I would like to stay current.

Any information you can give would be helpful. 

Thanks,

J & K

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Short Sale Property Taxes – Portland

L & M,

I am glad you are looking at all the angles of this transaction.  The taxes will be part of the closing.  Basically the bank will pay for them.  If you get foreclosed, whoever gets the property will have to pay them.  The taxes are attached to the property, not to you.  Let me know if you have any other questions.

Sincerely,

Oscar Morante, Realtor    oscar@bestshortsales.com

Short Sale Specialist

At 11:26 AM 9/26/2011, you wrote:

Hi Oscar,

We are concerned that the property taxes (which are included in the mortgage on our  house – short sale property) will not be paid if we do not make the house payments.  How should we deal with this?

L

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