What is the difference between a short sale, pre-foreclosure, and
foreclosure?
If you're considering purchasing one of these kinds of properties, it's
very important to understand what these terms mean and how the home's
status could affect its sale.
The first rule of thumb: Proceed
with caution. The pitfalls for the average buyer are numerous when it
comes to a short sale or a foreclosure, according to
Virginia Field, a Realtor® and instructor for the National Association of Realtor®'s Short Sales and Foreclosure Resource.
Let's take a look at these three distinct real estate terms and what they mean for buyers.
Short sale
"A
short sale is when the property owner owes more on the
mortgage than the market value of the property and is asking the bank to accept a short payoff of the loan," explains
Cathy Baumbusch, a Realtor in Alexandria, VA.
A
short sale may or may not be in pre-foreclosure, but the homeowner is
asking the bank to let it sell the property for less than what is owed
on the loan.
Short sales go through a real estate agent, but they don't function exactly like your typical real estate deal.
"The
biggest misconception the average consumer has about buying a short
sale is not realizing how long it takes," says Field. "It can take
between six months to a year to close. Also, people think they are going
to get a screaming deal, but they have to understand that the bank is
going to try to get as much back as it can."
Even more
frustratingly, a seller can accept an offer on a short sale, but that
doesn't guarantee that the deal is going to close. If the lender is not
satisfied with the sale price, the home is not going to close. In some
cases, foreclosure makes more sense for the lender because there are
fewer costs associated with a foreclosure than a short sale.
Pre-foreclosure
A
home is in pre-foreclosure if a homeowner is more than 90 days late on
the mortgage payments and the bank has begun the foreclosure process.
"A
pre-foreclosure is a property in the process of foreclosure but is
still legally owned by the owner. It may or may not be a short sale,"
says
Beverley Hourlier, a real estate agent in San Diego.
Pre-foreclosure
doesn't necessarily mean that the homeowner is underwater, and it
doesn't guarantee that the home will be foreclosed on. In fact, says
Field, if homeowners facing pre-foreclosure contact their bank, they
have a chance of saving their home.
"The bank doesn't want the property back," she says.
"They
want you to be able to save it, but you have to take action. Don't bury
your head in the sand and stop opening the mail. Contact your bank
right away, and they may be able to find a way to work with you,"
Hourlier adds.
Foreclosure
"
Foreclosure means the property lender has taken back the property for lack of payment. It's a process," says
Tracey Martin, a real estate agent in Salinas, CA.
Buying
a foreclosure is completely different from a typical home purchase.
Generally, foreclosures are bought at auction sight unseen, meaning you
could end up with a home in need of serious repairs.
"You don't have investigatory rights; you're buying a property as is," says Field.
Field also explains that experienced investors go into foreclosure auctions with cash and a formula.
"For someone who just wants to buy a home to live in, it's not a smart idea," she says.
But whether you're a seasoned pro or a
first-time home buyer,
a foreclosure can be a risky investment for anyone. Many foreclosure
homes are still occupied by their former owners, whom you would be
responsible for evicting.
Furthermore, "if you buy, you assume all
liens, IRS liens, and other mortgages possibly tied to the property," says
Kevin Sucher, a real estate agent in Portland, OR.
Before
signing on the dotted line, do as much research about the property as
possible and be prepared for surprises. Field suggests investigating
websites that sell foreclosures, as they tend to have more guidance for
the novice than an auctioneer at the courthouse steps.
Also, when bidding on foreclosed homes, be aware that having the highest offer won't necessarily nab you the property.
"Servicers
will go with the buyer most likely to close. They may take a lower
price from someone with better terms," Field explains. In short, unless
you're shopping with cash, you might have to bid on several properties
before you find a winner.
"It can be done," Field says, "but it
requires caution, patience, and ideally guidance from someone with
experience buying foreclosures."