Foreclosure versus a Short Sale – What are the issues?
Many homeowners are in a distressed situation with their homes and unable to make their payments or owing much more than the house is worth.
There are several important issues to be aware of when allowing a foreclosure on a home without considering the option of a short sale.
READ MORE to find out what they are.
What Are the Main Issues Surrounding A Short Sale versus Foreclosure:
Issue |
Foreclosure |
Successful Short Sale |
Future Fannie Mae Loan- |
A homeowner who loses a home to Foreclosure is usually ineligible for a Fannie Mae backed mortgage for a period of 3-5 years. |
A homeowner who successfully |
Future Fannie Mae Loan- |
An investor who allows a property to go to Foreclosure is ineligible for a Fannie Mae backed investment mortgage for a period of 5-7 years |
An investor who successfully negotiates and closes a short sale will be eligible for a Fannie Mae backed investment mortgage after only 2-3 years. |
Future Loan with any |
On any future loan application, a prospective borrower will have to disclose that you had a property foreclosed on in the last 7 years. This will affect future rates. |
There is no similar declaration or |
Credit Score |
Score may be lowered anywhere from 250 to over 300 points. Typically will affect score for over 2-3 years. |
Only late payments on mortgage will show and after a sale. The mortgage will be reported as paid or negotiated. This will lower the score as little as 50 points if all other payments are |
Credit History |
Foreclosure will remain as a public |
Short sale is not reported on a credit history. There is no specific reporting item for ‘short sale’. The loan is typically reported ‘paid in full, settled’ or negotiated payment’. |
Security Clearances |
Foreclosure is the most challenging issue against a security clearance outside of a conviction of a serious misdemeanor or felony. If a client has a foreclosure and is a police officer, in the military, in the CIA, |
A Short Sale on its own does not challenge most security clearances. |
Current Employment |
Employers have the right and are |
A Short Sale is not reported on a credit report and is therefore typically not a challenge to employment. |
Future Employment |
Many employers are requiring credit checks on all job applicants. A foreclosure is one of the most detrimental credit items an applicant can have and in most cases will challenge employment. |
A Short Sale is not reported on a credit report and is therefore not a challenge to employment |
Deficiency Judgment |
In 100% of foreclosures (except |
In most successful short sales it is possible to convince the lender to give up the right to pursuit a deficiency judgment against the homeowner. In California, laws through 12/31/2012 can prevent this deficiency. |
Deficiency Judgment |
In a foreclosure the home will have to go through an REO process if it does not sell at auction. In most cases this will result in a lower sales price and longer time to sale in a declining market. This will result in a higher possible deficiency judgment. |
In a properly managed short sale the home is sold at a price that should be close to market value and in almost all cases will be better than an REO sale resulting in a lower deficiency. In California, laws through 12/31/2012 can prevent this deficiency. |
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