Short Sale Blues

We put our house up for sale last week in the hopes of selling it as a short sale and avoiding foreclosure. My husband took a new job with a much smaller salary because his former employer laid him off; due to this decrease in salary, we can no longer afford our mortgage payments.

I met with a realtor and a real estate attorney, put the house on the market, cleaned like crazy and had several successful showings. So far so good. Then the first offer arrived. It was for a few thousand above the listed price, and we all felt that it was a good offer that our lender would approve for short sale. Then we were given the credit union’s short sale package.

The lender is asking for an insane amount of personal and financial information in order to determine whether or not we “deserve” to be granted a short sale. Deserve? Wait a minute. What part of this situation do we deserve? The part where my husband worked hard for twenty years in order to work his way up to an excellent salary only to have it snatched away when he was laid off? Maybe the part where we picked out a house and fixed it up in the hopes of living in it for the rest of our lives, only to find that the home value has declined 50% in two years? Or how about the part where we don’t want to spend every last dime of our savings trying to keep a house that may never be worth what we owe? I don’t feel we deserve any of this. We purchased a modest home, spend within our means, pay our bills and save for emergencies. We are not deadbeats.

Here is a summary of the information our lender feels we need to divulge in order to be considered for a short sale:

Tax returns from 2007 and 2008
Checking statements for the past two months
Savings statements for the past two months
401k savings account balance
Pay stubs from hubby’s current employer
Pay stubs from hubby’s previous employer
List of expenses for the past two months (including utilities, groceries, insurance, etc.)
Credit card statements for the past two months
Hardship letter explaining in detail the negative personal changes we have experienced in our lives since buying the house.

Basically they want to know exactly how we spend our money down to the penny. Keep in mind that after we give them this information, they can still say “no” and refuse to grant the short sale anyway (which our lawyer says is a frequent occurrence). Then where would we be? Some unscrupulous person in the lender’s employ could potentially steal our identities with this information and wipe out our life savings with the click of a few computer keys. No thank you. I am not so naïve that I blindly trust the banking institution to protect our information.
After discussing the situation with our attorney, she agreed that we should not hand over this information on a silver platter. The lender has no legal right to this information as they cannot take any of our money whether we wind up with a short sale or a foreclosure. The Anti-Deficiency Law protects us from that. The lender is on a fishing expedition to see how much more money we could potentially spend paying the mortgage before we would be completely broke and have to file for bankruptcy. Bankruptcy would ruin our credit even worse than a short sale or foreclosure, and we refuse to continue throwing good money after bad to try to keep up with our mortgage payments. We could spend every last cent of our savings, wind up broke and still have to foreclose on a house that is worth 50% less than the mortgage balance due.

So we sent the purchase offer to the lender without the rest of the short sale package just to see what would happen. Our realtor was notified that the purchase offer would not be considered because the remainder of the information was missing. When she explained our position, the credit union employee said that they have to follow industry standards and require the personal information before a short sale will even be considered, and it is very unlikely that a high level manager will make an exception for us. Our file basically goes to the bottom of the pile until they have time to rule on the exception, which could take months. Our realtor now has to go back to the potential buyer and explain to her that the process will take longer due to these circumstances and give the buyer a chance to back out of the deal and look elsewhere for a home. Depending on whether this buyer is patient or not, she can withdraw her offer and we will have to start showing the house again.

While all of this was happening during the past week, we had another offer come in from an investor who is willing to pay cash for the home as soon as the short sale gets approved. This may be a more appealing scenario for our credit union, so we plan to present that offer to them as well.

Hubby and I have decided that it doesn’t matter to us whether we wind up with a short sale or a foreclosure because the end result is the same—-we have to leave the home in which we planned to spend the rest of our lives.