Short Sale Addendum Form

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A short sale addendum form is an add-on to your fillable purchase agreement template for a home that sells for less than the seller owes to the lender. Create yours online with the FormsPal template below, or download it as a PDF. Addendums to real estate purchase contracts vary by state and bank, so always check the guidelines that apply to your short sale.

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What Is a Short Sale Addendum?

A short sale addendum is a document added to a purchase agreement when the seller of the real estate owes more money on the property than what it’s worth. The seller will always need to seek a creditor’s expense when it comes to see if they can sell their property or not.

Three parties take part in a short sale:

  • Seller: owns the home and owes more to the lender than the home is worth.
  • Buyer: offers a price for the home that is below the amount still owed on the loan.
  • Lender: the creditor that reviews the buyer's offer and decides on lender approval for the sale.

In some cases, the seller may still need to pay the creditor for the remaining balance after the sale has been completed.

The seller can negotiate with the buyer on the price to see if they are willing to help pay off the creditor. However, most buyers will still want a fair price and not want to feel they are paying off the seller’s debt.

Usually, a hardship will need to be proved for the creditor to give the short sale. This can vary based on the situation, but they usually need to show a change in economic events, loss of job, or the inability to work due to a medical condition.

When is it Necessary to Use a Short Sale Addendum?

A short sale addendum is required when the market or listing price for a home is less than what the seller owes. This usually happens if the market prices have dropped or if the real estate industry has taken a hit. It’s not an ideal situation, but sometimes it is necessary to get out of your mortgage.

A short sale and foreclosure are not the same and will not affect your credit or finances the same way.

Short Sale vs. Foreclosure

Key components of a short sale:

  • Seller is current with their mortgage
  • Balance is $0 after the home is sold
  • Doesn’t affect the seller’s credit score
  • Bank consents before the home are sold

Key components of a foreclosure:

  • Seller is not current with their mortgage
  • Balance remains after the home is sold
  • Affects the seller’s credit score
  • Bank consents after the home are put up for auction

How a Short Sale Works

A short sale involves gathering some important paperwork. It works similar to many other real estate transactions, just with added approval from the bank that the property can be sold.

Get a sale comparable in the area

Sometimes a home may be worth less than the amount of the mortgage value. The local market has probably seen a depreciation of the surrounding homes making homes in that area worth a lower amount than what could be expected.

A local real estate agent can look at other homes in the area that are the same size and with the same amenities as your home. This should give them a good idea of how much your home might be currently worth.

Write a financial hardship letter

A financial hardship letter is almost always required because having a low-price home is not enough to be qualified for a short sale. The lender will want proof that you have suffered financially and need help selling your home.

A bank will usually lose more money in foreclosure so they may be more likely to give a short sale agreement. As the mortgagor, you will need to provide paperwork on the loss of employment, loss of income, too many financial liabilities, a medical condition, etc.

Gather financial statements

This goes with providing proof of financial hardship. While the letter will explain why it happened, you will need to also show when it happened and how much loss there was. You will usually have to provide some or all the following:

  • A list of all expenses and liabilities
  • Last two months of bank statements
  • Last two months of pay stubs and income
  • Two years of tax returns including W2’s and 1099’s

Attach all purchase documents

You can choose to include the purchase agreements and selling price with the letter and bank information. This may make the process go quicker and give the lender all the information they need.

Make sure to include the listing agreement or real estate purchase agreement with the qualified buyer’s information attached. You should also include the forms from the real estate agent and have them sign the paperwork.

Take the documents to the bank

Take the completed package to the bank so they can review it. It will usually take about 10-45 days for the bank to review it. If you didn’t send the paperwork to the bank for the purchase agreement, continue to look for a qualified buyer with the highest price.

Send the purchase agreement to the bank as soon as it’s signed and completed.

Wait for bank approval

The approval from the bank may take up to 120 days. They may assign you a negotiator and approve or reject the terms of the sale. The appraisal and approval process can take up to 120 days.

The bank and the seller will then negotiate the financial obligations in a separate manner. Each bank has its own terms and conditions.

Keep a signed copy of the addendum together with your purchase contract and the paperwork you send to the lender.

What Are the Main Components of the Addendum?

The short sale addendum should include a few key components to be considered accurate. The FormsPal template is built from five numbered sections plus a signature block for both parties.

  • Section 1, Short Sale Disclosure: the owner notes that the price is below the payoff amount and that lender approval is being sought.
  • Section 2, Earnest Money Deposit: covers when the buyer pays the earnest money.
  • Section 3, Termination of Agreement: sets a date for lender approval and covers what follows if it has not arrived.
  • Section 4, Closing Date: ties the closing date to a number of days after lender approval.
  • Section 5, Miscellaneous: covers signing in separate copies, electronic signatures and notices.

Buyer and seller information

This will include the names and addresses of the buyer and seller. It will also include the property being sold and the address.

Closing date

This section should list how many days the seller has to deliver credit approval to the buyer. They will need to supply the buyer with all this information once they have it.

Signatures

The buyer and seller need to sign and date the form. They should also print their names.

Template Preview
Create a personalized Short Sale Addendum Form online now!

Filling Out the Short Sale Addendum Template

Work through the template from the top of page 1 to the signature block on page 2. Keep your purchase contract nearby, since the names, dates and property address you enter should be consistent with it. Each step follows one part of the template.

The screenshots under each step show the FormsPal Short Sale Addendum template filled with sample entries in blue, so you can see where each answer goes. The names, addresses, dates and amounts are examples only.

  1. Opening paragraph: date and parties. Enter the date of the addendum, then the buyer's and seller's names and mailing addresses.
    Short Sale Addendum: SHORT SALE ADDENDUM, filled with sample entries
    Step 1: sample entries, not a real document.
  2. Recitals: the Agreement and the Property. Enter the date of your existing purchase agreement and the full street address of the property.
    Short Sale Addendum: RECITALS, filled with sample entries
    Step 2: sample entries, not a real document.
  3. Sections 3 and 4: approval date and closing days. In Section 3, enter the date for the lender's approval. In Section 4, enter the number of days after that approval for the closing. Sections 1 and 2 have nothing to fill in.
    Short Sale Addendum: Short sale request by, filled with sample entries
    Step 3: sample entries, not a real document.
  4. Signature block: buyer and seller. Each party signs on the By line, then prints a name and title. The form has no separate date line next to the signatures.
    Short Sale Addendum: BUYER, filled with sample entries
    Step 4: sample entries, not a real document.

Check that the names, the purchase agreement date and the property address on the addendum match your purchase agreement before you sign.

Frequently Asked Questions

What does a short sale addendum do?

It is added to a purchase agreement when a home sells for less than the owner owes on it. The FormsPal template records the details of both parties, the property, a date for lender approval and the closing timing that follows that approval.

How do I fill in this addendum online?

Select Create My Document at the top of this page and answer a few questions. You can also download the PDF and fill it in with the FormsPal PDF editor, then print it and sign. Either way, enter your information in the same order as the steps above.

What do I need before I start?

Have the names and mailing addresses of both parties, the date of your purchase contract and the street address of the property ready. It also helps to know the date you want for the lender's approval and the number of days you want for closing after that approval.

General information, not legal or tax advice.

Jennifer M. Settles
Jennifer M. Settles
Author & Attorney
With over 25 years of experience as a business and transactional attorney, Jennifer has mastered the craft of closing highly successful deals for her clients. Through her wide-ranging expertise in commercial contracts, real estate transactions, M&A and corporate law, Jennifer secures results that are second-to-none.