If
the seller/homeowner is unable to sell the property for an amount that is greater than or equal to what he/she owes on the
loan, including closing costs, VA may pay a “compromise claim”, a VA Short Sale, for the difference in order to
allow a private sale to go through.
The
seller/homeowner can sell the property to a buyer who gets his/her own financing or to a buyer who wants to assume the loan,
if assumable. However, with a VA Short Sale, the lender does have to agree to have the amount of its guaranty reduced by the
amount of the claim payment.
In
order to be considered for a VA Short Sale, several factors must be considered:
The property must be sold for fair market value.
The closing costs must be reasonable and customary.
The compromise sale must be less costly for the Government
than foreclosure.
There
must be a financial hardship on the part of the seller.
On loans that originated on or before December 31, 1989, the seller must be willing to
sign a promissory note.
There
must be no second liens or other liens (unless the amount is insignificant). In situations whereby there are second liens
or other liens, the seller can request that the lien holder consider releasing the lien and converting the loan to a personal
loan.
The seller
must first obtain a sales contract in order to be considered for the program.
To protect the seller’s interest, the seller should make the
sales contract contingent and/or subject to the approval of a VA compromise sale.
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