Short Sale Addendum to Purchase Agreement

The short sale addendum is for a seller of real estate that owes more money on the property than it’s worth. Therefore, the seller is required to field offers from potential buyers and add this addendum to the purchase agreement which requires the seller to seek the creditor’s consent in order to sell the property. The seller may still be obligated to pay the creditor the remaining balance after the closing. While the seller is seeking consent from the creditor, the buyer may opt-out of the agreement. At the same time, the seller may field as many offers as possible while at the same time negotiating with the buyer.

Proving Hardship – In most cases, the seller will attempt to claim some type of financial hardship to the creditor in order to have the short sale approved. This may be due to a change in economic events, loss of job, medical reasons, etc.

Table of Contents

Short Sale Addendums – By State

Short Sale Addendums – By Bank

How Does a Short Sale Work

The process of a short sale is just like any other real estate transaction except that the seller must have consent from the bank on the home’s sales price. If the only offer is below the approved sales price, the seller will have to obtain consent from the financial institution in order to sell the property.

Step 1 – Get Sale Comparables in the Area

If a home is no longer worth the amount of its mortgage value, chances are that the local market has also seen the prices depreciate. Have a local real estate agent gather homes that are similar or lesser in square footage and amenities to get an understanding of the current value of your home. In addition, if the agent can show a trajectory of where the market has been the last 6 or 12 months to give an idea that the bank should “jump ahead” of the market before losing even more money.

Step 2 – Write a Financial Hardship Letter

The bank knowing that homes in the area are selling for less money is not good enough to be qualified for a short sale. The mortgagor will need to prove that they have suffered a change in their financial situation, such as loss of employment, loss of income, too many financial liabilities, etc.

A bank stands to lose more money in the event of a foreclosure and it’s in their best interest to sell the property at a loss while the mortgagor is still making their payments.

Step 3 – Gather Financial Statements

In order to back up and give proof that the financial hardship letter is true and accurate, the following will be required:

  • Two (2) years of tax returns (including W2’s and 1099’s);
  • Last two (2) months of pay stubs and income;
  • Last two (2) months of bank statements; and
  • A list of all expenses and liabilities.

When the financial package is complete it should be attached to the letter.

Step 4 – Attach Other Documents

The seller of the home can choose to make this request at the time of signing a listing agreement or purchase agreement with a qualified buyer. In either case, the agreements will need to be attached.

If there is a real estate agent involved the seller will need to complete and sign, along with the real estate agent, the third (3rd) party authorization form. View the samples for the following financial institutions:

Step 5 – Send Hardship Letter and Documents to the Bank

Once the documents are sent to the bank, it will take from 10 to 45 days to review the documents. During this time, the seller should market their property in an effort to find the most qualified purchaser for the highest price.

Once a buyer has been found, the purchase agreement will be needed to be sent to the bank.

Step 6 – Obtain the Bank’s Approval

After the bank has been notified of the offer the bank will undergo its own approval and appraisal process that can take up to 120 days. This will involve the bank reviewing all documents, scheduling an appraisal, qualifying the buyer, assigning a negotiator and finally approving or rejecting the terms of sale.

If a sale is approved, the financial obligations of the seller to the bank will be negotiated as a separate matter.

Short-Sale vs Foreclosure

Short-Sale

  • Seller is current with their mortgage;
  • Balance is zero ($0) after the home is sold;
  • Doesn’t affect the seller’s credit score; and
  • the Bank consents to the short-sale price before being sold.

Foreclosures

  • Seller is not current with their mortgage;
  • Balance remains after the home is sold;
  • Does affect the seller’s credit score; and
  • the Bank consents to the foreclosure price after it’s put up for auction.

(Video) What is a Short Sale Addendum?

How to Write a Short Sale Addendum

Download in Adobe PDF, Microsoft Word (.docx), or Open Document text (.odt).

1 – The Addendum Form On This Page Must Be Opened Then Downloaded

The paperwork on this page is easily obtained by clicking on the PDF, Word, or ODT buttons displayed in the caption area of the preview image. Once you have downloaded it, you can use it whenever a contract calls for this addendum.

2 – Date The Agreement Then Introduce Some Basic Information

Begin by locating the introduction then document the effective date listed on the contract that requires this paperwork as an attachment using the first two blank lines. Next, we must record the full names of both the Seller and the Buyer. The space just before the parentheses label “Seller” has been reserved for the full name of the Seller as it appears in the concerned contract. The full name of the Buyer must also be reported in this addendum. Place it on the blank space preceding the label “Buyer.” The last item required by this paragraph will be the physical address of the property at the center of the contract’s transaction. Three empty lines have been supplied after the words “…The Property Located At.” Produce the building number, street name, and any applicable unit number along with the City and State where the concerned property is located. In the article “II. Short Sale Consent,” we must fill in the number of days from the contract’s effective date the Seller has to produce a letter of consent from his or her creditors. The sixth article, “Closing Date,” shall seek the number of days after the Seller has delivered a successful creditor(s) approval to the Buyer as the Closing Date. Record this number of days on the blank space provided.

3 – Both Signature Parties Must Review Then Execute This Document

This addendum will disclose some important information and required terms. It is strongly recommended that all signature parties read each article presented here. Once this task is completed.

The Buyer must sign his or her name on the blank space labeled “Buyers Signature” then print his or her full name on the blank space below the signature line. The Buyer must also supply the date of his or her signing on the adjacent line labeled “Date.” Two such areas are displayed since all the Buyers listed in the attached contract must sign this addendum as well. The Seller of the property will also need to prove his or her agreement with these terms by signing his or her name on the “Seller’s Signature” line. Additionally, the Seller must print his or her name on the line “Print Name” and report his or her signature date.