Can I do a short sale on investment condo

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raemerlo

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I purchased a condo in Florida as an investment. I was advised by the person handling my loan application to say that the property would be my primary residence in order to qualify for the loan. I live in California and have never lived in the property. I have since told this to the banks who carry the primary and secondary mortgages.
I currently owe $142K and the property is valued at under $85K. Both loans are adjustable and interest only. Last year, I requested a loan modification from Wells Fargo (who carries the second) but was turned down as I was gainfully employed. I have since lost my job and will receive severance until Dec 7, 2009. After which, I will be on unemployment at $1950/month. This will just cover my living expenses.
I currently have a renter but the rent falls short of my mortgage and HOA dues by approx $425/month. My mortgage and HOAs equal $1125/month. I am current on my mortgage payments as I am paying out of my severance.
I plan to list the property as a short sale in Dec of 2009 at which time, I plan to stop making mortgage payments. My renter planned to move out on Nov. 30, 2009 but has requested to stay until Dec. 31, 2009.
My questions:
Are banks more motivated to accept a short sale when the borrower has stopped payments?
Since it is an investment property, will I have to pay taxes on the difference between the loan amount and what the property sells for?
Is it even realistic to think that the banks will accept a short sale on investment property?
I was told by Citimortgage (carries primary) that I might qualify for a lean in due (?) but would have to list property for 90 days and have a renter and income. I am not likely to have a renter and my income will probably be unemployment.
I am not optimistic that the property will sell as there are so many condo's listed in the Tampa Bay/Clearwater area. If the property does not sell, what can happen if I foreclose? Can the banks sue me for the money owed when I eventually get a job?
I have some money in saving. Will the banks expect me to completely deplete my life's savings before they consider a short sale?
Is there anything else that I need to consider?
 
Are banks more motivated to accept a short sale when the borrower has stopped payments?

Yes, they won't even consider it unless you are in default.

Since it is an investment property, will I have to pay taxes on the difference between the loan amount and what the property sells for?

Yes, you will need to claim the amount of forgiven mortgage as income on your 1040 in the year the debt is forgiven. Only in the case of primary home where the owner has lived for two or more years can the taxes also be forgiven (home short-sale between 2008 and 2013).

If the property does not sell, what can happen if I foreclose? Can the banks sue me for the money owed when I eventually get a job?

Yes, the banks can sue you for the deficiency between the sale of the condo plus the related expenses and the mortgage.

Will the banks expect me to completely deplete my life's savings before they consider a short sale?

No, but they will require you to provide full detail of your financial holdings, such as the past two months of your checking and savings account. You need to show a true hardship and inability to pay. Thus, if indeed you have substantial liquid cash I suggest you transfer it to a relative for temporary safe keeping (hiding).

Is there anything else that I need to consider?

Best of luck. It took me about two years to unload a short-sale. Find a realtor well versed in short sales. Getting the approval from both mortgage companies will be a challenge and will be very time consuming. The 2nd mortgager will end up getting practically nothing from the short sale and thus they will be the most hesitant. And, you have already mentioned the next hardest part making the sale itself during this depressing time.

Unfortunately for you, you need to determine which is better. A faster sale will occur if the banks approve a lower sale amount. Yet, with a lower sales amount your taxes will be higher due to the mortgage forgiveness.
 
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