Sacramento Expert Short Sale Real Estate Agent

I received a call from someone on Friday asking if a short sale  is still possible after a Notice of Default has been filed on the property.  Of course it can be done, but time is of the essence here.  At this point this means that you only have a limited time to get offers on the property submitted to the bank ( lien holder) and accepted before the home goes to foreclosure sale at the court house. 

I have actually had short sale listings submitted to the bank and passing through the hands of negotiator after negotiator awaiting an acceptance right upon until 3 days before auction sale date.  The banks want you to wait to ask for an extension on the sale date up until 3-5 days before they will extend the date, because they usually only will grant extensions up until 30 days at a time. On all of my extensions requested I have had them actually extended  ( postponed )out because of the offers submitted to them were to the point of acceptance and approval.  

The banks sometimes want to see the activity of the listing from the beginning up until an offer is submitted.  The sooner you get the Hardship Package together with the offer and submitted to the bank, the better.  Remember you only have 3 months 2o days  ( after NOD has been filed) to get the bank to accept a short sale offer before going to auction sale.

Definition of an Notice of Default:

•  Notice of Default is an instrument (legal document) filed in the public records (county records) giving constructive notice to the public that a seller is behind on their mortgage. If the payments are not made up, then the bank will foreclose on the property.
• NODs ( notice of default ) are public record for 90 days, then a notice of trustee’s sale is published in a newspaper once weekly for 20 days and on the 21st day, the property goes to auction.

If you are behind in payments and know for certain that you are unable to catch up on those payments, then I would suggest talking with an attorney to discuss your situation and what would be the best choice to make at that time to best fit your situation.  These are a few choices you should discuss with an Attorney.

• Modification of current loan
• Short Sale
• Sign over the Deed to the bank
• Foreclosure
• Bankruptcy

Again speak with someone that knows the law as Real Estate Agents do not and should not give advise pretending that they do.

Terri Wisecarver

Sacramento Real Estate

2 Responses to “Short Sale’s/Notice of Default”