29 Jan A Complete Guide to Short Sales for Queens Homeowners
Short sales can feel complicated, especially if you have never heard of them before. If you are a homeowner in Queens and are worried about falling behind on your mortgage, a short sale might be an option to avoid foreclosure. But how does a short sale really work, and is it the right choice for you? Our team of skilled Queens short sale lawyers is here to help you determine whether a short sale is right for you and, if it is, protect your rights during the process.
What Is a Short Sale?
A short sale happens when a homeowner sells their property for less than what they still owe on the mortgage. The bank or lender must agree to accept this lower amount as the full payoff of the loan. Because the lender is not getting all of their money back, a short sale often requires extra steps and approvals.
For many homeowners, this approach comes up when they are struggling to keep up with mortgage payments or when they owe more than the house is currently worth. By choosing a short sale, homeowners in Queens might be able to avoid the more serious consequences of a foreclosure.
Why Might Queens Homeowners Consider a Short Sale?
There are many reasons why a short sale might make sense for someone in Queens. Maybe you lost your job, went through a divorce, or faced large medical bills.
These events can make it tough to continue paying the mortgage. When the value of the home also drops below the mortgage balance, selling it the normal way might not pay off the entire loan.
Instead of going through a foreclosure, some homeowners choose a short sale to limit harm to their credit and to get a fresh start sooner. Foreclosures can remain on your credit history for many years, which could make it harder to buy another house or even rent a new place in the future. A short sale may look more favorable to future lenders, although it still affects your credit negatively.
How Does a Short Sale Differ from a Regular Home Sale?
A regular home sale usually means you list your property for a price that covers your remaining mortgage plus any closing costs. You pocket the difference if the offer is higher than what you owe. In a short sale, you list your property for a price that is less than your mortgage balance.
Because the lender will receive less than the full amount, the lender must approve the sale before it goes through. This can take additional time and negotiation. In a short sale, the seller does not usually receive money at closing. The main goal is to settle the mortgage debt with as little negative impact as possible.
Who Qualifies for a Short Sale?
Qualifying for a short sale depends on your personal situation and your lender’s requirements. Banks generally want to see that you truly cannot afford your mortgage anymore and that the home is now worth less than you owe.
Here is a list covering some important factors:
- You owe more on your mortgage than the home’s current market value.
- You are facing financial hardships such as job loss, divorce, or large medical bills.
- You can provide supporting documents like bank statements, pay stubs, and a letter explaining why you can no longer afford the mortgage.
- You have tried or considered other options, such as loan modification or refinancing, without success.
Keep in mind that every lender has its own rules about short sales, so you should speak with the attorneys at Poltielov & Habib, LLP about your situation. Sometimes, lenders will only consider a short sale if you have already missed mortgage payments. Other times, they might be open to it if you can prove that you will fall behind soon.
What Steps Are Involved in the Short Sale Process?
The short sale process has more steps than a traditional home sale. Here is a general overview:
- Talk with a Professional Before you start, speak an attorney who understands New York real estate and foreclosure law. Poltielov & Habib, LLP can help you figure out if a short sale is your best option or if there are better paths to avoid foreclosure.
- Gather Important Documents You typically need to collect financial documents, such as proof of income (pay stubs or tax returns), a hardship letter explaining your situation, your current mortgage statement, and any other items the lender requests. This information shows the lender why you cannot meet your mortgage obligations.
- Contact Your Lender Once you know you want to move forward, you must let your lender know you would like a short sale. You will submit your documents for their review. During this time, continue to check with your lender so you understand what else they might need.
- List Your Home If the lender gives you the green light, you can list your home for sale, usually at a price lower than what you owe. The goal is to attract a buyer quickly and show the lender that this is the best offer you can get in the current market.
- Negotiate with the Buyer and Lender When you receive offers, the lender has to approve whichever you choose. Sometimes, the lender will counter with a higher price or different terms, which can delay the process. Because there are more people involved—the buyer, you, your agent, and the lender—short sales can take longer to finalize.
- Closing the Sale After the lender agrees to the offer, you move toward closing. You will not receive any profit from the sale if the final amount does not cover the mortgage. However, you will be free of the mortgage debt if the lender forgives the difference.
What Are the Benefits of a Short Sale?
A short sale offers several benefits over foreclosure. Perhaps the biggest advantage is that it helps you avoid the more damaging impact of a foreclosure on your credit. While your score will still drop, many people find that it is easier to recover from a short sale than from a full foreclosure.
Another upside is that you get some say in who buys your home. In a foreclosure, you have very little control over the process, and your property might end up auctioned to the highest bidder. With a short sale, you can list the house and work with a real estate agent to find a buyer.
You might also be able to buy another home sooner than if you had gone through a foreclosure. Some lenders view a short sale as a sign of responsibility: you worked out a deal instead of walking away from your mortgage completely. Lastly, short sales can reduce stress because you have more time and flexibility to move out on a schedule that works better for you.
Should You Consult a Foreclosure Defense Lawyer?
Yes. Foreclosure and short sale laws in New York can be confusing. A lawyer with experience in foreclosure defense and short sales will make sure you understand your rights and obligations. A lawyer can also help protect you if your lender is not acting fairly or if you are at risk of a deficiency judgment after the sale.
Our lawyers at Poltielov & Habib not only serve homeowners in Queens but throughout New York City. Because we focus on foreclosure defense, bankruptcy, and real estate matters, we can provide guidance on which course of action best fits your needs—whether that is a short sale, a loan modification, or even filing for Chapter 7 or Chapter 13 bankruptcy if needed.
When Is the Right Time to Seek Help?
If you are already behind on your mortgage payments, you do not want to wait any longer to seek help. Lenders have strict timelines for foreclosure, and once that process gains speed, your options might narrow. Even if you are not behind yet but expect trouble soon, it is wise to talk to an attorney or real estate agent right away.
By consulting a professional early, you can explore alternatives like a loan modification, refinancing, or a repayment plan. These might allow you to keep your home without selling. If those options fail, you can then move more smoothly into a short sale, already having your documents and professional relationships in place.
Call Us Today to Speak with a Queens Short Sale Lawyer
If you think a short sale might be the right choice for you, or if you simply want to explore all your options, now is the time to reach out. Call (718) 520-0085 or contact us online to schedule a consultation with the team at Poltielov & Habib, LLP.
Learn about your rights, ask questions, and get the professional guidance you need to protect your future. It is never too early—or too late—to take control of your financial well-being.