Can I sell my property as a short sale to a family member?
For a homeowner, when a financial crisis knocks on your door, it often results to one common scene—not being able to afford your home. In this case, short sales may be typically suggested. Short sales happen when a property owner is no longer able to handle their financial obligation to his home due to an utmost predicament. Short sale is a sale of a particular real estate on a lesser price than the property’s original value and the balance of the homeowner’s mortgage debt.
In today’s modern times, coming up with the finances has been difficult. Therefore, banks and lending institutions made and proposed a better solution to this common problem. Instead of foreclosing your house, you can short sale the property to lessen your mortgage debt and monetary load. Oftentimes, most property owners who have family members who are willing to help them out in short selling the property would commonly ask a question: Can I short sale my property to a family member? The plain answer to this common question is typically no. Let’s discuss further why this is so.
1) To short sale the property to a family member can be illegal
It is unlawful to sell the house to any family relative. It is written in the state’s law and on a document called an arms length affidavit that homeowners are prohibited to short sale their home to anyone in his blood. Although the process to short sale a single property is lengthy, property owners still have to go through with all the legal transactions to avoid and to stop mortgage fraud. Most of the time, sellers would request the bank for a loan modification to reduce monthly payments, but this act are always and would always be turned down by banks because short sales are associated with the arms-length affidavit.
2) What is arms-length affidavit?
When you apply to short sale your property, you will be asked to sign an arms-length affidavit. This is a written document provided by the banks particularly for short sale purposes to prevent sellers from selling the short sale property to a family member to curb mortgage fraud. Although it may sound and seem to be harsh and offensive, banks and the mortgage company do not want sellers to profit from a short sale.

How does it affect the banks’ decision not to short sale the house to a family member?
In the past and even until now, mortgage fraud is still as prevalent as ever. Sellers would make side arrangements with a relative to act as a straw buyer, then after selling the house, both seller and buyer would quickly transfer the title back to the previous property owner. This means that the seller has repurchased the property and has gained almost half the price of the property. This practice greatly benefits the seller—a situation that does not adhere to the constitution of short sale in connection with the arms-length affidavit. Though it is not fair to say that banks make the rules, but it
is what the law states and banks are in control of the situation.
3) What is mortgage loan fraud?
Mortgage fraud is anything that has false action and information regarding the homeowner. If you lie to the bank about the information they require, it is considered as mortgage fraud. Oftentimes, short sale flippers would hedge and puff to real estate agents and banks in order to lure these financial institutions to see if they can crook their way into pulling a scam on them. If these financial institutions find out that you were giving misstatements, misrepresentation, or omission, you will be given a demand to pay your loan in full amount or you will be sentenced to jail.
4) Banks’ rights in short sale properties
Banks do understand that you are in a great financial stress that is why they are allowing you to short sale the property and have the chance to be forgiven for your deficiency. But when the seller has gained benefits over the short sale property, it would also be unfair to these lending institutions since they have agreed to the loss (the deficiency on the short sale). The reason why banks created short sales and arms-length affidavit is to lessen your financial load since you are already having a difficulty coping with your finances. By following the prohibitions and laws stated in the banks constitution, you will be assisted and will tremendously reduce your financial dilemma. But acting in contrary to their laws, you will be penalized and therefore would pay much more money because of falsity.
5) Provisions on arms-length affidavit
As with any financial transactions, there are provisions related to arms-length affidavit that all buyers and sellers must adhere to.
- All homeowners who are selling the short sale property must not sell the house to a family member, distant relative, friend, business partner, or to anyone who has/have a relationship with the seller.
- Buyers must not sell the property in less than 90 days after purchasing it.
- Buyers must not resell the property to the seller or to anyone in relationship with him.
- Sellers must not rent or buy it back to the buyer because this does not abide by the terms and conditions given by the bank.
- Once the original owner has sold the property, there should be no transactions between the seller, buyer, and real estate agents to avoid fallacy to the lender.
- Buyers and sellers must not be benefited from the transactions. Only the agents, the bank, and the lending institutions involved in the transaction are to be benefited.
Violating these prohibitions leads to severe consequences, and again the banks will be the one to decide what penalty will be worth the illegal act. Usually violators are to be penalized with hefty fines and will be sentenced to jail. To sum everything up, you cannot short sale your property to your family member because it is illegal. Your Detroit short sale Realtor will be able to inform you of all about the do’s and don’ts of the short sale process, so make sure you have chosen the right short sale specialist!
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