Alternatives to a jumbo short sale

Couple seeks way to avoid $75K deficiency

Inman News®

DEAR BERNICE: Our house has been on the market for almost six months and we've had only one showing. It shows like a model and is in perfect condition. We listed with the top agent in the area who has a stellar record. Our list price is actually under what the comparable sales suggest, even though we updated the entire house just two years ago. We just lowered the price again from $899,000 to $799,000 and still no showings. Even if we were to close the deal at $799,000, we will still have to come up with another $75,000 of our own money to pay off the existing loans. What can we do? --Tom D.

DEAR TOM: Sadly, this is a story that millions of homeowners are facing throughout the country. It's particularly difficult for anyone who lives in an area where property values skyrocketed. These properties, due to their increased valuation, no longer qualify for what is known as a "conforming loan." Any borrower who needs a loan higher than the conforming loan rates for your location will have an extremely difficult time obtaining financing. In most cases, the maximum loan that you can obtain in the continental United States is $729,750. You can determine the exact loan limit for your particular property address here after registering at Fannie Mae's Web site.

To illustrate how difficult it is to obtain jumbo financing in today's market, one loan officer had more than 200 applications from his bank's top-tier customers. (A jumbo loan is one that exceeds the maximum amount allowed for conforming loans.) His institution only willing to fund only 15 of these loans, and these were for their very best customers!

The challenge is that with the meltdown of the financial system, lenders could no longer make loans, bundle the loans together, and then sell them to other investors. (These investors included pension funds, hedge funds, or a number of other financial entities. As a group, this is known as the "secondary" market.)

The reason the conforming loan market is still active is that Freddie Mac, Fannie Mae and the Federal Housing Administration (FHA) provide a means for lenders to make loans and sell them on the secondary market. If a lender cannot resell the loan, that means they must put it in their own portfolio. "Portfolio" loans are funded from the deposits the lender has at their institution. The lack of a secondary market for jumbo loans has made selling more expensive properties exceedingly difficult.

So what are your options if you can't sell? ...CONTINUED

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Submitted by Todd Anderson on July 7, 2009 - 5:31am.

Bernice

Great answers, but probably not any that the sellers want to hear. There are few options in terms of them not losing the $75K or more. With fewer buyers and far fewer qualified buyers in the market it is hard to get buyers into properties even when they show well and are priced well.

Todd Anderson
www.YouInParkCity.com

 
Submitted by Sean OToole on July 7, 2009 - 7:40am.

Some additional thoughts for Tom:

1. In many cases short sales no longer require financial hardship, though they certainly won't give you a free pass if you have the cash in the bank to cover the difference.

2. If you do choose to stay put you could seek a loan modification... I think it is possible that at some point in the future we may even see lenders warm to principal balance reductions such that you are no longer so far underwater. A few are doing it now.

3. You can ask your lender if they would accept a deed-in-lieu of foreclosure. Basically you give the house back. If they agree make sure you don't retain any liability for deficiencies and gain a clear understanding of the affects on your credit.

4. Depending on the state you live in, and other particulars you might want to consider letting it go to foreclosure. For example in California you may not have any obligation under the law for the lenders losses (deficiency) if the loans were taken at the time of purchase or you have only one loan on the property. You will absolutely have a hit to your credit but it is easy to weigh a max of 7 years of bad credit against your total loss. The average foreclosure in CA right now has $200k in negative equity on a home now worth less than $300k. It's impossible for anyone to argue those folks did not make a financially sound decision by walking away, despite how you may feel about their moral obligation.

Sean O'Toole
Founder / CEO
ForeclosureRadar.com
ForeclosureTruth.com