Massapequa Short Sale Attorney
Navigating Short Sales in Suffolk County
If you want to end your real estate loan obligation, a short sale may be in your best interest. A short sale is the process of selling your property but at a price less than your loan. In order for a short sale to be completed, it is necessary to obtain the lender’s approval without agreeing to unfavorable terms.
Want to learn more? Contact James J. Quail & Associates, P.C. via online form or dial (516) 246-2449. Our Massapequa short sale real estate attorney has years of experience and can provide in-depth short sale assistance.
What are the Benefits of a Short Sale?
There are several advantages of a short sale, for both the property owner and the lender. Some of these benefits include:
- Avoiding a deficiency judgment
- Giving the homeowner the opportunity to sell the property for less than they owe on the property
- Giving the lender an alternative to a deed in lieu of foreclosure
- Helping the homeowner avoid foreclosure
- Helping the lender avoid the lengthy process that is involved with a foreclosure
- Having the homeowner better control when they have to leave the property
Navigating Short Sales and Avoiding Deficiency Judgments
The worst part about letting your property go to auction is that you could be liable for the difference that the bank loses. In other words, if your house sells at an auction outside of your control for an amount less than what remains on your mortgage, it could be you on the hook to repay the bank the rest! This is known as a deficiency judgement, which lets any lenders go to court to officially demand the remainder from you, up to its “fair market value” at the time of the judgement.
Instead, by using a short sale with the assistance and guidance of our seasoned short sale real estate lawyer, you get to dictate the terms of exit, maybe even include a clause that allows for money relocation from the buyer.
FAQs: Massapequa Short Sale Attorney
1. What is a short sale?
A short sale occurs when a property is sold for less than the amount owed on its mortgage. The lender must approve the sale, as they are accepting a loss on the loan. This process allows homeowners to avoid foreclosure and potentially alleviate financial burdens.
2. What are the benefits of a short sale?
Some benefits of a short sale include:
- Avoiding a deficiency judgment
- Selling the property for less than what is owed
- Offering lenders an alternative to a lengthy foreclosure process
- Allowing homeowners more control over their departure from the property
- Helping preserve the homeowner’s credit score compared to a foreclosure
3. How does a short sale differ from foreclosure?
In a short sale, the homeowner actively participates in the sale process, negotiating with the lender to accept less than what is owed. Foreclosure, on the other hand, is a legal process initiated by the lender when the borrower fails to make payments, often resulting in the property being sold at auction without the homeowner’s input.
4. What is a deficiency judgment, and how can a short sale help avoid it?
A deficiency judgment occurs when a property is sold for less than the mortgage balance, leaving the homeowner responsible for the remaining amount. A short sale can help avoid this by negotiating with the lender to forgive the remaining debt, thus protecting the homeowner from future legal claims for repayment.
5. How long does a short sale take to complete?
The duration of a short sale can vary widely, often taking several months to over a year. Factors influencing the timeline include lender responsiveness, the complexity of the sale, and the presence of any liens or judgments on the property.
6. What documentation is required for a short sale?
You will need to provide various documents, including:
- Financial statements
- Tax returns
- Bank statements
- A hardship letter explaining your financial situation
- Any relevant loan documents
Your attorney can assist you in gathering and organizing these documents.
Partner With Our Trusted Massapequa Short Sale Lawyer
While they can be advantageous, short sales are also quite involved and can take a good deal of time to complete. There is also a lot of paperwork involved. You will have to go through negotiations with your lender and the prospective property buyer. In order to make the process of a short sale as simple as possible for you, it is in your best interest to contact a Nassau County short sale real estate attorney like James Quail. He years of experience with short sales and he knows how to navigate them efficiently and without adding stress to your shoulders. In many cases, short sale homes have other liens and judgements, which our firm can work to remove so they don’t haunt you.
When you retain the legal services of Mr. Quail, you will receive hands-on assistance through the entire sale process from a team that managed more than 100 short sales since 2008. We negotiate with your bank and with the prospective buyers. We also draw up your contracts and ensure that they are legitimate. In short, we make a short sale as simple as possible for you!
Contact James J. Quail & Associates, P.C. to schedule a free 30-minute consultation for short sale advice from a skilled attorney! Call (516) 246-2449.