A Guide to New Jersey Short Sales & Law

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By Henry Jackson

While a ‘Short Sale’ can allow underwater homeowners to avoid foreclosure, the process is not always as short as buyers would like. In return, the  government has brought a New Jersey Short Sales & Law that establishes the process for the offer consideration from the short sale purchaser in residential mortgage foreclosure.

In a short sale, the servicer or lender agrees to emancipate the lien secured by a residential mortgage over the property on receiving a lower amount than the mortgage. For mortgagee, a short sale is usually desirable to foreclosure as it allows the bank to avoid much expense and time of a foreclosure suit and the responsibility of owning a hard-to-sell property.

What is a Short Sale?

A ‘Short Sale’ is when a lender agrees to accept the loan payoff lower than the due amount on the mortgage. In some cases, this may hypercritically affect the owner’s credit score and does not damage an individual’s credit as a bankruptcy or a foreclosure. Moreover, if a person has comparatively other debts that they can’t pay, bankruptcy may be a great and permanent solution. However, a short sale is a great option for several homeowners if the debt problem is real estate.

The Short Sale Process

The short sale is frequently difficult to execute as several parties with different financial interests – like the home’s potential buyer and the mortgage lender – must approve the short sale process for it to be completed. Here is a rundown of the crucial steps in the process – including several roadblocks that can be experienced along the way, efficiently stopping the process, etc.

Step – 1

A financially stressed homeowner – usually someone who is several months back on their mortgage payments pays and who is conscious that the present fair market value of their house is lower than the amount owed on their existing mortgage loan – sets about their mortgage lender if the mortgage lender would be prepared to accept payment on the mortgage for lower than the full due amount.

Step – 2

Assuming that the lender is usually agreeable to the fundamental idea of creating a short sale, then the owner of the house will start working with a realtor to explore buyers for the property. When a potential buyer comes forth – someone willing to buy your property and wanting to pay the full amount that the seller is asking – then the sale is presented to the mortgage lender for approval.

Step – 3

The process gets very tricky when it arrives at the 3rd stage, as back and the 4th stage approvals by both the potential homebuyer and the lender must occur. The fact that there’s an existing agreement already between the potential buyer and the seller on the terms and price of the sale is no result; however, the mortgage lender allows the proposed deal. 

Step – 4

Considering an agreement can be stretched out, the short sale takes place. The lender has spent all the money from the sale of your house. Even though the mortgage isn’t paid off to the fullest, the lender manumits the financially stressed homeowner from the mortgage loan contract. Then, the buyer takes the property’s possession following the sale closing.

Wrapping Up

A short sale refers to the Short Sale transaction that may happen when the homeowner is financially stressed to the extent that they can neither turn in their pending mortgage payments nor they can sell their house for a good price to pay out all lienholders.