They are two different animals… - Posted by JT - IN
Posted by JT - IN on October 30, 2001 at 11:57:48:
Eric (and Tim):
What Tim has described is a classic case of the lender discounting the mortgage and selling the note to you. This process is usually recommended, as it is normally a simpler approach than a short sale. This negotiation is between you and the lender, and has nothing to do with the property owner.
A short sale is triangular relationship, between the property owner, the lender and the buyer. The owenr generally has to make application with the lender, much like a loan application, to demonstrate that they do not have the capability to pay the mortgage form either income or assets. The lender underwrites this and if they grant the short sale, the amount of the forgiven debt, which is what is happening here, is the lender is actually forgiving soem debt owed by the owner/borrower, and the forgiven debt may be a taxable event to the owner/borrower. They will certainly get a 1099 for this amount, at year end. Unlike a discounted purchase of a note or mtg, there is no taxable event to the owner/borrower.
You are seldom seeing short sales on 1st mortgages today, because most of these are insured loans, and the lender has no incentive to relieve debt, when all they need do, is foreclsoe and collect from the insuring body; FHA, Fannie Mae, etc.
While these two scenarios may seem similar, they are quite different, and have different applications to attain a similar outcome, as far as we are concerned.
I have attempted to do a few short sales, but the lenders were really just jacking the owner (and me) around, so we left it there. Discounted notes are easier when dealing with a Jr. lender, where incentive exists, if there is jeopardy of repayment.
Hope this helps…
JT - IN