Professional Documents
Culture Documents
SPECIAL REPORT
By Russ Irizarry
Introduction 3
The Foreclosure Process 4
Options to Avoid Foreclosure 7
What is a Short Sale? 10
Financial Effects of a Short Sale 13
Actual Credit report after a Short Sale 15
Short Sale Case Studies 16
Short Sale Benefits 24
Foreclosure vs. Short Sales Comparison 25
Frequently Asked Questions 27
Beware of Foreclosure Rescue Scams 29
Conclusion 30
Testimonials from past sellers 33
Disclaimer
The content in this presentation is based upon our research, knowledge and experience. In no way
is any information contained herein to be interpreted as legal or tax advice. To be assured of sound
legal advice with regards to foreclosure, real estate, bankruptcy or agency laws, please employ the
use of a competent legal or tax professional and/or your real estate broker.
Please consult your broker, accountant and attorney, as appropriate, for advice specific to your
situation. Although every effort is made to keep this presentation current and relevant, it is your
responsibility to seek guidance from qualified professionals in order to keep up with rapidly
changing market conditions and periodic changes to the law.
_______________________________________________________________________
© ShortSaleProMiami.com How to Stop Foreclosure With A Short Sale
1-866-412-5269 2
Introduction
Inside this report, you will find valuable information on the foreclosure process in the
state of Florida, the foreclosure timeline, several options to avoiding foreclosure, and an
overall explanation of Short Sales and the Short Sale process, and some sample case
studies.
I have shown homeowners not only how to stop foreclosure, but also how to
successfully get their homes sold with a Short Sale with the least amount of damage to
their credit and finances. My team has negotiated short sales successfully with major
lenders such as Wells Fargo, Bank of America, Chase, Citi, Aurora, Suntrust,
Indymac/One West, WaMu, Saxon, GMAC, EMC, Litton Loans, and BBT.
If you are facing foreclosure, this may be the first time. Well, it’s not our first time and if
you let us help you then we can guide you to make logical decisions that will not only
stop your current foreclosure, but will set you up for future financial success.
If you have any questions whatsoever as you are reading this, please feel free to call me
at 1-866-412-5269 anytime. My service is available 24/7. You can also email me at
IshortsaleFL@gmail.com
_______________________________________________________________________
© ShortSaleProMiami.com How to Stop Foreclosure With A Short Sale
1-866-412-5269 3
The Foreclosure Process
The Foreclosure Process varies by State, and falls into two categories: Judicial, and Non-
Judicial.
Non-Judicial – Foreclosure process happens without the courts. (full discussion is
beyondthe scope of this report)
Judicial – Foreclosure is processed though the courts, as in the state of FL.
3 Stages of Foreclosure
Stage I - Preforeclosure Stage II – Public Auction Stage III – Bank Owned REO
I Pre-Foreclosure is the period between the Bank’s Notice of Default (Lis Pendens) to
the Borrower, and the property going to a Foreclosure sale.
II Public Auction (the actual Foreclosure) is the 2nd phase. This is where the property is
sold on the ‘courthouse steps’. (In Dade County at 140 W. Flagler room 908 daily at
11am)
III REO is the final phase of the cycle. Here, the Bank has foreclosed and owns the
property, and will eventually put the property on market.
For the sake of this report, we will only be discussing the Pre-Foreclosure stage. In the
Pre-Foreclosure stage, the homeowner has several options prior to the property going
to Public Auction. Options for avoiding foreclosure can be categorized as follows:
1.Staying in house (slowing or stopping Foreclosure)
2.Moving from house
But before we get into the options, it’s important for you to understand the pre-
foreclosure timeline.
_______________________________________________________________________
© ShortSaleProMiami.com How to Stop Foreclosure With A Short Sale
1-866-412-5269 4
Pre-Foreclosure Timeline
As you can see from the above timeline, you have approximately 8 months from the
time you start missing payments, to the time the bank takes the property back at public
auction.
However, due to large volume of foreclosures now being taken back by the lenders, the
process can take longer than a year. Again, if you want to see details of the process in
Miami-Dade county, go to: www.miamidade.gov/foreclosure.
_______________________________________________________________________
© ShortSaleProMiami.com How to Stop Foreclosure With A Short Sale
1-866-412-5269 5
Foreclosures – Did you Know?
• A homeowner who goes through foreclosure is ineligible for a Fannie Mae backed
loan for 5 years thereafter, and an investor owner is ineligible for 7 years thereafter.
• Future mortgage loans and interest % rates will be affected because the foreclosed
homeowner must answer “Yes” to the Form 1003 Uniform Residential Loan Application
question “Have you had property foreclosed upon or given title or deed in lieu thereof
in the last 7 years?”
• A foreclosure can affect credit scores downward by 200-300 points, typical for over 3
years
• Current and future employment may be affected as many employers now require
credit checks, particularly for employees in financial or sensitive positions.
_______________________________________________________________________
© ShortSaleProMiami.com How to Stop Foreclosure With A Short Sale
1-866-412-5269 6
Options to Avoid Foreclosure
There are Two Categories of Options:
1. Staying in House
2. Moving from House
If you fall behind in your loan, you should contact your creditors as quickly as possible
and attempt to work out a voluntary repayment plan. The sooner you contact your
lender, the more options you will have.
Refinance: The borrower pays off the existing mortgage loan with proceeds from a
new loan with more favorable terms. (must do before missing payments) Refinance will
not be an option if there is no equity in the home.
Forbearance Plan: Bank allows you to skip monthly payments temporarily, or make
partial payments for a specified time. Missed payments may be added to principal or
become part of a repayment plan or loan mod. (can only do if financial problem is
temporary)
Bankruptcy: A borrower’s loan may be changed from the original terms based on a
Loan Modification as part of a court-approved reorganization plan. Your options would
be either Chapter 7, or a Chapter 13. I cannot give legal advice, (in as much as my
parents would have loved for me to become an attorney), so I strongly advise you do
your own research. Try a Google search with the terms ‘foreclosure vs. bankruptcy’ or
‘can bankruptcy stop foreclosure’.
The first and most important thing you need to know about Bankruptcy is that it
does not permanently stop or prevent a foreclosure from occurring, it can only
temporarily freeze a foreclosure action.
_______________________________________________________________________
© ShortSaleProMiami.com How to Stop Foreclosure With A Short Sale
1-866-412-5269 7
A Final Note: All the above options for staying in the house have one thing in common
– the homeowner MUST be in a position to make some sort of reasonable payment
that is agreeable to the Bank, and make it on time every month.
On Feb 18, 2009 the Obama Administration announced the Making Home
Affordable (MHA) Program, a plan to stabilize the housing market and
offer FREE assistance to homeowners by reducing mortgage payments to
affordable levels and preventing foreclosures. You can find out if you
qualify by going to www.makinghomeaffordable.gov. Also, your local
HUD office will also review your loan modification options with you FREE
OF CHARGE. Go to www.hud.gov.
_______________________________________________________________________
© ShortSaleProMiami.com How to Stop Foreclosure With A Short Sale
1-866-412-5269 8
The Short Sale:
The Bank agrees to accept less than what is owed to settle the mortgage in full (a
discounted pay-off), and release or satisfy its lien upon the sale. For example:
Home Sold Price: $300,000
Mortgage Balance: $450,000
Short: ($150,000)
There are clear advantages to a Short Sale versus a Foreclosure for both
the homeowner and Bank in virtually all situations (see graph on p. 21).
_______________________________________________________________________
© ShortSaleProMiami.com How to Stop Foreclosure With A Short Sale
1-866-412-5269 9
What is a Short Sale?
If you have been unable to arrange an acceptable agreement with your
lender, or find another suitable solution in a TIMELY MANNER, then it is
time to seriously consider selling.
A Short Sale occurs when the proceeds of a real estate sale fall short of the mortgage
balance owed on the property. In 2008, Short Sales accounted for about 11% of U.S.
homes sales.
In Miami-Dade county, Short Sales make up about 35%* of all homes on the market.
In Miami-Dade over 2,200 Short Sales have closed successfully from Jan 1 – Sep 30
2009.* Those homeowners successfully avoided foreclosure.
_______________________________________________________________________
© ShortSaleProMiami.com How to Stop Foreclosure With A Short Sale
1-866-412-5269 10
Obama Administration offers
incentives for short sales
On Feb 18, 2009 the Obama Administration announced the Making Home Affordable
(MHA) Program, a plan to stabilize the housing market and offer FREE assistance to
homeowners by reducing mortgage payments to affordable levels and preventing
foreclosures.
On May 14, 2009, the Obama Administration announced incentives and uniform
procedures for Short Sales under its new Foreclosure Alternatives, as part of the
Making Home Affordable Program.
Incentives: Incentives include: (1) $1,000 for mortgage servicers for successful
completion of a short sale or deed-in-lieu of foreclosure; (2) $1,500 for
borrowers/homeowners to help with relocation expenses; and (3) up to $1,000
toward the cost of paying junior lien holders to release their liens.
Standardized Documents: The program will include streamlined and standardized
documents, including a Short Sale Agreement and an Offer Acceptance Letter. The
goal is to minimize complexity and increase use of the Short Sale option.
The Seller’s Lender will require the following documentation from the Seller to consider
the Short Sale:
Purchase and Sale Agreement – this is the contract to sell your house between you
and your buyer
Hardship Letter – a letter written by you to your lender explaining your hardship and
why you can no long make your mortgage payments.
Authorization to Release Information – Form signed by you authorizing your lender to
release information and negotiate the short sale with your agent, buyer, or other 3 rd
party such as attorney or title company.
_______________________________________________________________________
© ShortSaleProMiami.com How to Stop Foreclosure With A Short Sale
1-866-412-5269 11
HUD1 – financial summary of the transaction that that tells the lender the sales price
and the proposed payoff.
Financial Statement – A summary of your monthly income and expenses, your assets
and liabilities.
2 most recent Bank Statements, 2 most recent Federal Tax returns, and 2 most recent
paystubs.
The compilation of all of the above documents is what makes up a completed “Short
Sale Package.” The main purpose of the Short Sale package is to substantiate your
hardship to the lender, and prove that you can no longer make your payments. Your
bank wants to see that you simply cannot afford your house anymore.
_______________________________________________________________________
© ShortSaleProMiami.com How to Stop Foreclosure With A Short Sale
1-866-412-5269 12
Financial Effects
Of A Short Sale
A Short Sale can affect credit your ‘FICO’ credit score downward by 100-200 points.
However, once the property is sold, it will show as ‘account settled’ on your credit
report.. A short sale is considered to be less damaging to your credit as compared to a
Foreclosure which can affect your credit downward score by 200-300 points.
A Short Sale can result in a deficiency Judgment. There is the risk that the bank can
pursue a judgment for the shortage (difference b/w total mortgage owed and sale
amount). However, if there is no money to be recovered (if the seller doesn’t have any
other assets worth pursuing) a deficiency judgment may not be enforced. In most
cases, the lender is more likely to issue a 1099C for the amount of debt relief. (See your
local CPA for details.)
NOTE: A lender can still pursue a deficiency judgment even if the home
goes to foreclosure for the difference b/w the REO sale price and the total
mortgage balance!! HOWEVER…..By doing the Short Sale, we can
negotiate with your lender to waive the right to pursue a deficiency.
ANOTHER NOTE: In the state of Florida, certain assets are protected from
a deficiency judgment. These include your homestead (primary
residence), life insurance policies and annuity contracts, pension and
profit sharing plans, IRAs, disability income and prepaid college plans.
(see your local attorney for details, do your own research)
One of the things we ask for when negotiating a Short Sale is a full ‘Satisfaction of Lien’
or that the lender waive its right to pursue a deficiency. If the bank does satisfy the lien,
the bank will most likely issue a 1099C for amount of debt forgiven.
Example:
Mortgage balance: $450,000
Approved Short Sale payoff: $300,000
Shortage/Deficiency: <$150,000>
In this example, the bank may send the seller a 1099C showing $150,000 as income. In
the eyes of the IRS, debt relief = income to seller.
_______________________________________________________________________
© ShortSaleProMiami.com How to Stop Foreclosure With A Short Sale
1-866-412-5269 13
However, the good news is…..
In 2007, Congress passed the “Mortgage Forgiveness Debt Relief Act of 2007” which
eliminates taxation on debt forgiveness on owner-occupied homes. It applies to debt
forgiven between 2007 and 2012.
You can read all about Mortgage Forgiveness Debt Relief Act of 2007 at the IRS
website here:
http://www.irs.gov/individuals/article/0,,id=179414,00.html
So in the above example, if the bank sends you a 1099C for $150,000, you would not
have to pay income tax on it if the property was your primary residence. (Again, see
your accountant for details, and do your own research)
_______________________________________________________________________
© ShortSaleProMiami.com How to Stop Foreclosure With A Short Sale
1-866-412-5269 14
Actual Credit Report After a
Short Sale
The above screenshot was taken from a credit report of a homeowner who successfully
sold their property as a short sale. Had the property not been sold, it would have gone
to foreclosure. The seller hadn’t made a payment in over 6 months.
As you can see, the account status was reported as “Account legally paid in full for less
than the full balance.” There are many factors which will invariably affect your credit
score, however, the credit impact of a short sale is considered to be less damaging than
a ‘deed-in-lieu of foreclosure, or a foreclosure.
_______________________________________________________________________
© ShortSaleProMiami.com How to Stop Foreclosure With A Short Sale
1-866-412-5269 15
Short Sale Case Studies
Below are some recent examples of Short Sales that we have successfully completed in
Miami-Dade County. I have also attached the respective Short Sale Payoff approval
from the lender.
CASE STUDY 1.
22161 SW 94 Ave
Cutler Bay, FL 33190
___________________________________________________________________
CASE STUDY 2.
21470 SW 86 Pl
Cutler Bay, FL 33189
21470 SW 86 Pl
Cutler Bay, FL 33189
_______________________________________________________________________
© ShortSaleProMiami.com How to Stop Foreclosure With A Short Sale
1-866-412-5269 16
__________________________________________________________________
CASE STUDY 3.
____________________________________________________________________
CASE STUDY 4.
17655 SW 80 Ct
Palmetto Bay, FL 33157
____________________________________________________________________
_______________________________________________________________________
© ShortSaleProMiami.com How to Stop Foreclosure With A Short Sale
1-866-412-5269 17
____________________________________________________________________
CASE STUDY 5.
8493 sw 158 ct
Miami, FL 33193
____________________________________________________________________
_______________________________________________________________________
© ShortSaleProMiami.com How to Stop Foreclosure With A Short Sale
1-866-412-5269 18
_______________________________________________________________________
© ShortSaleProMiami.com How to Stop Foreclosure With A Short Sale
1-866-412-5269 19
_______________________________________________________________________
© ShortSaleProMiami.com How to Stop Foreclosure With A Short Sale
1-866-412-5269 20
_______________________________________________________________________
© ShortSaleProMiami.com How to Stop Foreclosure With A Short Sale
1-866-412-5269 21
_______________________________________________________________________
© ShortSaleProMiami.com How to Stop Foreclosure With A Short Sale
1-866-412-5269 22
_______________________________________________________________________
© ShortSaleProMiami.com How to Stop Foreclosure With A Short Sale
1-866-412-5269 23
Short Sale Benefits
The following are the greatest benefits of the Short Sale transaction:
• Sellers get the house sold and remove a major burden. The sale allows
them to move on with their lives.
• Credit ratings are not as damaged as compared to a Deed-In-Lieu, or a
Foreclosure Action. Sellers can regain their financial stability much sooner,
and qualify for a new mortgage easier and quicker at some time in the
future. Credit will ‘heal’ faster.
• The Short Sale can be negotiated so there is no deficiency judgment. The
mortgage lien can be satisfied (depending upon the lender’s approval).
• Sellers have a greater sense of personal dignity by having their home sold,
versus losing the property to foreclosure.
• The 1099C received by the sellers for the amount of debt relieved by the
lender is non-taxable if the home is their primary residence. (The Mortgage
Forgiveness Debt Relief Act of 2007 eliminates taxation on debit forgiveness
if the residence was owner-occupied. See your accountant for details. This is
not tax advice.)
• Per Fannie Mae guidelines, you can be eligible for a new home mortgage
only after 2 years, versus 5 years with a Foreclosure
_______________________________________________________________________
© ShortSaleProMiami.com How to Stop Foreclosure With A Short Sale
1-866-412-5269 26
Frequently Asked Questions
Will a Lender accept a short sale if my payments are current?
Speak to your lender. In most cases they will accept a short sale if you can
prove a financial hardship that is not temporary, have explored all of your
options (refinance or loan modification), and will soon no longer to be able
to make your payments.
Can you guarantee that the bank won’t come after us for the deficiency if
we do the Short Sale?
No we cannot guarantee that. It is up to your lender. However, we can tell
you that the bank will have to incur costs if they pursue a deficiency
judgment. Unless you have great credit, are not delinquent, or have
significant assets, most banks will not. A lender usually releases liability of
the mortgagee as part of the short sale approval, and issues a 1099 instead
(depends on the lender, and your financial position).
What is a 1099?
1099 is a form used by the IRS to report various types
of income. The bank may report the amount of debt
forgiven to the IRS, which you will have to report as
income on your tax return whether or not you receive
the 1099 (Debt relief = income). However, in 2007
Congress passed the “Mortgage Forgiveness Debt Relief
Act of 2007” which eliminates taxation on debt
forgiveness on owner-occupied homes. Applies to debt forgiven
between 2007 and 2012. (Again, we’re not giving you tax advice. See your
local CPA for details.)
_______________________________________________________________________
© ShortSaleProMiami.com How to Stop Foreclosure With A Short Sale
1-866-412-5269 28
ALERT!! Beware of Foreclosure Rescue Scams
HELP is free!!
Scam artists often target homeowners who are struggling
to meet their mortgage commitment, or anxious to sell
their home. Recognize and avoid common scams.
Assistance from a HUD approved housing counselor is
FREE. Go to www.Hud.gov for more info.
Beware of anyone who asks you to pay a fee in exchange
for a counseling service or modification of a loan.
Beware of people who pressure to sign papers
immediately or try to convince you that they can ‘save’
your home if you sign or transfer over your deed to your
house.
Do not sign over the deed to your property to any
organization or individual unless you are working directly
with your mortgage company to forgive your debt.
Never make a mortgage payment to anyone other than
your mortgage company without their approval.
Learn your options and your rights and be an informed
consumer!
_______________________________________________________________________
© ShortSaleProMiami.com How to Stop Foreclosure With A Short Sale
1-866-412-5269 29
Conclusion
If your payments are several months behind, your lender
may have already started the foreclosure proceeding.
As time passes, thousands of dollars in penalties and
legal fees can be added to the balance. Time is not on your side. You
must REALIZE that you need help. THE QUALITY OF THE HELP YOU SEEK
WILL MAKE A DIFFERENCE IN THE END.
The reason I wrote this Special Report is to provide information, and help
homeowners understand their options. My intention is to help educate,
and hopefully lessen any confusion, fear, or anxiety there may be about the
foreclosure process. I hope you found the information in this report to be
helpful. Please call me anytime at 1-866-412-5269 if you would like to
discuss any of these options, and I will gladly answer your questions.
When the market was hot, I sold hundreds of homes and became
successful in real estate sales. When the market turned, many clients came
to me looking for help. For me it is a MORAL OBLIGATION to help past
clients to whom I’ve sold homes in the past.
I’ve also set up a free hotline, that you can call anytime if you have any
questions related to real estate, the foreclosure process, Short Sales, or
anything in this Special Report.
_______________________________________________________________________
© ShortSaleProMiami.com How to Stop Foreclosure With A Short Sale
1-866-412-5269 30
Call us at 1-866-412-5269
If you have already decided that it is in your best interest to sell the
property and are ready to discuss this option, call me, and here is what we
will do:
• Initial phone consultation with you to make sure you’ve explored all
of your options (ie. loan modification)
• If you decide that a Short Sale is for you, we‘ll set an appointment
with you to discuss the process in detail. We will guide you through all
of the necessary paperwork and what is required.
• If your property qualifies, we submit a cash purchase offer to the
lender(s) with a completed Short Sale package.
• We negotiate a settlement with your lender(s).
• We continue to market the property and secure an end buyer while
we are negotiating with your lender to accept a short sale. You
cooperate by making the house available to show.
• We pay off lender(s) and close with the end buyer.
In friendship,
Who is Russ Irizarry?
Russ Irizarry has been a resident of Miami-Dade
county since 1996. He is a former CPA with a Big 5
accounting firm and a Fortune 500 corporate
background. From 1998 to 2005 he worked for a top
national homebuilding company, selling hundreds of
homes to families in the Miami-Dade county area.
_______________________________________________________________________
© ShortSaleProMiami.com How to Stop Foreclosure With A Short Sale
1-866-412-5269 33
Testimonials
_______________________________________________________________________
© ShortSaleProMiami.com How to Stop Foreclosure With A Short Sale
1-866-412-5269 34
Testimonials
_______________________________________________________________________
© ShortSaleProMiami.com How to Stop Foreclosure With A Short Sale
1-866-412-5269 35
Testimonials
_______________________________________________________________________
© ShortSaleProMiami.com How to Stop Foreclosure With A Short Sale
1-866-412-5269 36