Apr 22, 2013

Tip 15-2013: Short Sale Sellers & HOA Dues

The short sale lender, when approving a short sale, will allow certain closing costs to be paid from the short sale proceeds. These costs typically include 6% real estate commissions, prorated real estate taxes, recordation taxes, and attorney's fees. Other closing costs, such as Purchaser's closing cost credits and termite inspections are allowed on a case by case basis.

The closing cost which usually causes the biggest problem is delinquent HOA dues. The short sale lender will typically allow current HOA dues to be prorated. This does not include delinquent dues. In a condo or a townhouse project with large monthly dues, these delinquent dues can add up to thousands of dollars. This is especially true when the short sale lender takes months to approve the short sale during which time the dues continue to accrue. Also, fees for disclosure packets and other HOA fees are usually not allowed by the short sale lender. 

The best practice is to advise the Seller to keep their dues current if at all possible. The short sale lender will allow the Seller to occupy the house until the short sale is approved. All they expect is that the Seller maintain the house, keep the utilities on, and pay HOA dues.  

P.S. If real estate taxes and insurance premiums are being escrowed, the short sale lender will continue to pay those even if the borrower is not paying the mortgage.
Contact me at 434-951-0858 or Tucker@TGBLaw.com if you have questions.

William D. Tucker, III
Tucker Griffin Barnes
Charlottesville, VA

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