Once a property is sold at foreclosure or when the property is sold as a short sale, there will be a remaining deficit of what is owed to the lenders who are holding any mortgage debt. While state laws may affect what constitutes as deficiency, usually it will be the difference between the original loan amount plus any past due interest, less fair market value of the home. Most often the sale price will be accepted as fair market value.

Example: A home with a $360,000 mortgage balance is sold on a short sale for $230,000.  This creates a roughly a $130,000 deficiency amount.

If the state the property is located such as my State, Nevada, the loan is likely a recourse loan and the bank experiencing the deficiency has the right to pursue that borrower after the property is sold. Banks in Nevada have 6 months to file suit for a deficiency judgment after foreclosure or in the case of a short sale in which the deficiency rights have been retained. For loans generated after Oct 1 2009, banks will not have the ability to pursue a deficiency, if the home was purchased and occupied as a personal residence. Don’t despair homeowners, in many cases, a good REALTOR® can frequently get that deficiency waived for you, even if state law does not automatically protect you.

Getting a deficiency judgment is not a simple matter for the banks. They actually have to take you to court and win a lawsuit against you. This must also be accomplished within a very limited time frame. Remember all of those hastily written mortgages that were bought and sold over and over during the real estate boom?

Paul Rowe lists and sells shorts sales for Shelter Realty. He can be reached at 702-376-7379. You may also email him at paul @ shelterrealty.com.

Do you want potential buyers to see your beautiful hardwood floors, granite countertops and custom built-in bookcases? Well, they won’t if you have furniture, knick knacks, and piles of stuff covering every square inch.  Indeed, clutter can (and probably will) drive buyers right out your front door.

You don’t need to throw things out (although this would be a good time to “simplify” your belongings before you move), but getting them out of sight (not crammed into closets and under the bed) is a good idea. Here are 6 de-cluttering tips to help you prepare your Las Vegas home before it goes up for sale:

#1: Remove most appliances from your kitchen counters. If you have a counter microwave, then removing it may not be sensible (you use it every day and it’s big, besides) but stowing your coffee maker and toaster after breakfast is a good idea. Showing as much counter space as possible will make your kitchen look larger.  Buyers love to look at the kitchen, so make the most of your space.

#2: Reduce the amount of stuff in your cabinets, closets and built-in bookshelves. Even though I just said to store appliances away in your cabinets, you’ll want to eliminate excess and unnecessary items stored there. You’ll want your closets to show how organized they can be (not how much you can cram into them). Potential buyers are buying the closets, built-in bookcases, and cabinets along with the rest of the home, so show how spacious they are.

#3: Clean up the kids’ stuff (their bedrooms, playrooms and wherever they leave their things). Kids’ toys, books and games tend to scatter throughout a home, but they’ll be distracting to potential buyers. Use bins, totes and baskets for sorting and storing (don’t forget to label everything).

#4: A sparkling bathroom indicates a well-maintained home. Most buyers judge a home by how well a bathroom looks (and smells). If you’ve taken care of your bathroom (it works properly and is clean), then most likely you’ve taken care of the rest of your home (fewer repairs for a buyer). Again, store everything out of sight (even your rubber ducky!). Don’t forget to clean out the medicine cabinet – yes, buyers definitely snoop in there!

#5: Remove all bills, newspapers and magazines that pile up around your home. Paper can be very distracting and take the focus off of your rooms and onto your messes. As you remove these items, dust and clean (plus sort, discard and file any papers).

#6: Remove and/or rearrange your furnishings. Now I am not saying get rid of your heirloom grandfather clock, but if it blocks a hallway or door entrance, then move it or put it in storage. Take down family photos and other personal decorations (sorry, the hunting trophies need to go into storage). Again, it’s the house that buyers should be looking at – not your daughter’s kindergarten graduation picture.

I know some of these de-cluttering tips can be a pain, but they can help sell your Las Vegas home (and, let’s be frank, sellers need all the help they can get). Our agents can help you determine where and how to de-clutter – and give you all the other tips that will help you sell your home for more money in less time.  Give us a call at (702) 376-7379 or contact us at www.shelterrealty.com.