This is a stressful decision for many families; however, a power of sale may be the best solution, short of foreclosure, for homeowners who owe more on their properties than they are worth. Technically, a homeowner is ‘short’ when the outstanding loan is more than the current market value of the property. A power of sale occurs when the homeowner finds a willing buyer and then negotiates with the lender to accept less than the full balance of the loan at closing (typically to avoid foreclosure). Once the buyer closes on the property, the property is considered 'sold short' of the total value of the loan. The procedure requires stamina but it can yield favorable results for all. Organization and full disclosure will also help you manage through the process.
In the past it was rare for lenders to accept power of sale proposals. With overwhelming market shifts and changes in corporate policy, lenders have become much more willing to work with homeowners in distress. Since a power of sale generally costs the lender less than a foreclosure, it can also be a way for the lender to reduce their losses.
To qualify for a power of sale, homeowners must prove all of the following circumstances:
Buying a property in power of salecan be a big hassle, so why consider it? Basically it all boils down to the bottom line - you will usually get the property for a (substantial) discount. Lenders may even be willing to offer favorable financing terms in order to move the process along and secure their original investment. Additionally, the owner in default typically plays an active role in the power of sale process, which means you will have their cooperation (unlike a foreclosure).
When dealing with the power of sale process, there are a few things you need to know beforehand:
Whether you are a first-time homebuyer or experienced investor, it is always wise to work with a REALTOR® when dealing with power of sales. The right professional can move you through the process more efficiently, and guide you through the challenges that commonly accompany distressed sale transactions. When interviewing potential agents, be sure to inquire about their experience with power of sales and find out if they hold any designations for buying and selling distressed properties.
An experienced REALTOR® will be extremely beneficial at this juncture in the buying process. Here are some key factors in a successful offer:
This information is meant as a guide. Although deemed reliable, information may not be accurate for your specific market or property type. Please consult a REALTOR® professional for more information on making a written offer.
At Search Realty we can help you buying or selling any Power of Sale or Foreclosure houses.
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