About Short Sales
"Short sales" are sales where the current owner of a house owes more on the property than it can sell for, and they look to the lender to accept a payoff on the mortgage at closing of less than the amount owed. Many sellers mistakenly believe that simply because they owe more than they can sell for the house that they are eligible for a short sale markdown of the amount owed.
That's simply not the case. A lot of prerequisites have to be met before a lender will even consider a short sale. Generally, the homeowner needs to be a certain number of months behind in their mortgage payments, and NFS (notice of foreclosure sale) lis pendens filed by the lender. (This is the first step in the foreclosure process, and is more a legal maneauver to protect the lender's rights.)
The house should also have been exposed to market for a good period of time (6 months seems to be the minimum), with periodic price reductions and no offers during that time sufficient to clear the mortgage. (A history of offers below the threshold to clear the mortgage, though, is good.)
The owner of the house should lack other resources sufficient to make up the pay off deficiency. Lenders are taking a much harder line with owners who have other resources and just don't want to fulfill their pay off obligation. This is less important than the other two prerequisites, and varies widely among lenders. But the likelihood of approval of the short sale is greater if the seller doesn't have other resources than if they're sitting on a stash of cash and have a couple of other vacation homes or investment properties.
A seller meeting these general guidelines doesn't necessarily guarantee a short sale approval. Lenders generally do not tell a seller what they are willing to accept as a deal price (although that is changing under new Fannie Mae guidelines that apply in some circumstances.) So once the buyer and seller agree on a sales price and contracts are executed (subject to third party, or short sale, approval), a short sale package, including the purchase contract and a lot of other supporting documentation, is submitted by the seller to their lender.
Short sale approval by the lender can take quite a long time once the package is submitted. Two to three months is common, although four to six months is not unheard of. The outcome may be the bank accepting the deal as is, putting a counter offer on the table, or rejecting the deal outright.
The short sale process is fraught with landmines. So it's imperative (which is a strong step above 'impotant' or 'recommended') that some of the professionals involved in the transaction have short sale experience — preferably at least one of the brokers and one of the attorneys. (And yes, I have quite a bit of short sale experience at this point.)
There are some downsides to a short sale. The first is the often lengthy time time between find the house and making the deal and actually closing on it, due to the added couple of months for the short sale approval. As a buyer, whether you actually get the house is largely out of your control, although working with a broker who understands the short sale process can give you a good feel for the odds. The second downside is that the buyer shells out quite a bit of expense at the front end, for home inspections and attorney fees, well before the short sale approval. And lastly, you can't lock a mortgage rate when you make your offer. The longest 'rate lock' a buyer can typically get is 60 days, which will likely expire before you can close on the house. So a buyer is more exposed on the mortgage rate side than in a traditional transaction

