DMZwerg
Senior Member
- Joined
- Mar 25, 2009
- Professional Status
- Certified Residential Appraiser
- State
- Wisconsin
No, short sales are not special financing. Short sales are when the seller is upside down on their mortgage, and the bank agrees to take less than the mortgage amount, AFTER the seller has had house on MLS 90 days and can prove no amount at mortgage value or higger was offered . THEN the bank agrees to take less than the mortgage owed, and the realtors put "Short sale" on the listing.
Typically, the lender of the homeowner does not offer any special financing, it is up to the buyer to pay cash or secure their own financing as they would with any other sale.
Your definition is not wrong but your understanding is incomplete.
Condition 5: "The price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions* granted by anyone associated with the sale"
Problem: the comps sold under special financing. The holder of the lien had to agree to the price and to be acceptable as a short sale the home owner had to ask to be released from the lien due to hardship OR (and here is where the special financing comes in) is typically expected to get a personal loan for the difference between the debt owed and the sale price. The home owner is associated with the sale as is the holders of liens.
So, you are claiming I am incorrect on the application of Condition 5 in the FNMA definition of Market Value (see form 1004 or such) but I stand by the assertion that I am not and that furthermore it calls into question Conditions 1 & 2 as well since the home owner may or may not be getting out without debt and the holder of the original lien may or may not be "taking a bath" on the deal (albeit less of a bath than with a foreclosure).

