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Thursday, October 1, 2009

A Bank Short Sale - My Only Option?

By Anthony Mauwer

A bank short sale is not the only way to get out of foreclosure - but it might be the best way. If you're already in this situation, you're already straining under intense financial pressure. Much of this anxiety should be alleviated if approved for a short sale, because you'll be in the best position possible to buy another home.

The hardest thing for a homeowner to do is admit the fact that we may not be able to save our home, but if we cannot save it, our primary goal should be to avoid foreclosure. Accepting a bank short sale in lieu of foreclosure is not the only way out - but it may be the best way out. A foreclosure could end up with us having wages garnished, other properties seized, being sued, and harassed for years to come. Not to even mention the damage to our credit. If handled by an expert, a bank short sale could settle all of these issues right now.

Either way, for the layman, a bank short sale or foreclosure can be quite stressful due to all of the complexities involved. There are attorneys, lenders, accountants, complex forms, legal jargon, and the internal revenue service to deal with. On top of that the money is tight on every side. We've got to remember in this situation that all parties involved are trying to get as much of their money as they can - so we've got to be prepared for anything. Banks are well-known for dropping surprise requests at the last second. Don't allow yourself to be pushed around!

By having expert legal advice from the outset, we can avoid many of these last minute surprises. Don't be fooled into thinking you can complete this process without expert advice. A bank short sale involves many aspects of law relating to taxes, lending practices, and real estate. Be sure that you have access to professionals in "each" of these areas. There are services offered by teams of attorneys, accountants, and real estate professionals that will help you complete the entire process - and then get their fees paid by the lenders. As with any service, there are good ones and bad ones - so be careful - but there are some excellent services out available.

Keep in mind is that the bank is not exactly enthusiastic about doing the short sale. Yes, they do want to avoid a foreclosure also, but their attitude towards a short sale is definitely not to be considered positive. They are trying to recoup as much as they can and at times may be rather difficult to deal with. If you keep this in mind, you'll go a long way in understanding why certain aspects of the process move so slowly when you know in your mind that they should be moving faster. Keep a cool head and be patient. It's going to be like trying to work out a deal with the government - they'll answer you when they're ready - and not a second before.

The entire short sale process is strenuous and all parties may not agree on every issue - but if we can tough it out, we'll be the winners in the end. We'll be successful if we avoid foreclosure and bankruptcy, get our debt forgiven, and come out without any unpaid property taxes. This is why a bank short sale is such a sweet deal. It won't be perfect, but at least we'll be in a position to buy another home. Completing a short sale puts us in the best position for the future. No, a bank short sale may not be the only way out, but it is one of the better options! - 23221

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