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What Is a Short Sale? The Difference Between a Foreclosure vs a Short Sale

By
Real Estate Agent with Atlanta Communities Real Estate Brokerage GREC #208281

I know. I know. Not another post about short sales.

If you are an agent, just click on by. Nothing new to see here.

If you  are a person who has never bought a home or if you haven't bought a home in a few years, you might not know what a short sale is. I didn't know about short sales until a few years ago.

"Short sale" is an oxymoron.  It takes a long time to get through a short sale transaction.  Three to six months is the norm.  I've heard of some taking over a year.

But a short sale just means that the seller comes up short when trying pay off their mortgage from the sale of their house.  They don't have enough from the proceeds of the sale to pay off their mortgage(s).  Without the mortgage being paid off, the lien isn't removed and the sale can't take place.

Sometimes the seller can afford to write a check for the shortfall in the sales proceeds.  But not too many people have the resources to do that.

Most people might just think that nothing can be done other than stop making payments and let the bank take back the home in foreclosure.  Foreclosure isn't great for the credit record of the seller and it usually ends up being very expensive for the foreclosing bank.

So an alternative to foreclousre is a "short sale".  It stinks a little less for everyone involved.

The seller convinces the bank to take less than the full amount to pay off the mortgage.  They also  try to get the bank to agree to never  come after them for the difference.

The first question is, "Why would a bank take less than the full amount?". 

The answer is that it is in the bank's best interest to do so. 

Usually before a bank will allow a short sale to happen, they have to be convinced that:

  1. The seller doesn't have the means to come up with the difference.  Usually a hardship is required but I've heard of short sales being approved even if the seller is a millionaire if...
  2. The bank will end up better off financially with the short sale instead of a foreclosure.
  3. The house just isn't worth as much as the mortgage that is owed on it.

With a short sale, you still are negotiating with the current seller.  The seller's bank is just there to approve the loss that they are willing to take. 

The process starts with the offer that the seller gets for the buyer.  That gets the wheels start with the bank's Loss Mitigation department.  The bank isn't going to tell the seller up front how little they are willing to take.  First they want to see what offer the seller gets and then it will do the due diligence to figure out if that is the best deal for them.

Many times the seller doesn't really care how little the home goes for.  They already know they aren't getting a penny from the sale.  The only thing that will motivate them to try to get a higher price is if they can't negotiate a waiver of any future deficiency judgment by their bank.  In many states, if the bank doesn't get full payment of the mortgage, either through a short sale or a foreclosure, they can come after the seller for the difference (deficiency).

The seller might also have to consider the "foregiveness of debt" tax that the IRS can impose. If someone forgives you a debt, the IRS looks at that as income that you owe taxes on.  I know it sounds crazy, paying taxes on money you never see, but it is a possibility in some cases.

This whole process take a lot of time.  Banks aren't staffed to handle the load of short sale requests that they are receiving.  It might take a month or two just for a negotiator to be assigned to the case.  Then the appraisals and Broker Price Opinions have to be ordered and evaluated.  If  one little detail is left out of the short sale package that the seller submits, you might have to start waiting in line again.

Many times the seller's listing agent will place the home on the market at a ridiculously low price in order to get a quick offer that they can get submitted to get the wheels turning.  This does not mean that the seller's bank  will approve that price, or anything close to that price.  If the bank thinks it's too low, they'll just foreclose on it and put it on the market themselves at a higher price.

There are some benefits to a buyer in pursueing a short sale but unless you are getting a huge diccount and aren't in a rush, it's probably more productive to pursue a bank owned foreclosure.  At least with those, you know that the bank has set the price and is willing to sell it at that price.  You won't have to wait around for four months and find out it's back to square one.

Each bank has it's  own policies and procedures when it comes to short sales and foreclosures.  Just like each seller is different and has different motivations.  You just have to have the right expectations going in and deal with the details as they come.

 

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About the Author:  Tim Maitski has been a full time Realtor since 1999. He has sold several hundreds of homes in areas around metro Atlanta.  Tim started with RE/MAX Greater Atlanta and is now with Atlanta Communities Real Estate Brokerage.

 

Along with blogging on ActiveRain, he provides one of the best real estate websites in Atlanta at www.HomeAtlanta.com .

 

His proprietary  "Maitski Line Reports" chart out the absorption rates over the past 14 years in 37 different market areas.  Know when it's a good time to buy or a good time to sell.    

 

His online Property Tax Calculator allows you to compare property taxes in many counties and cities around the Atlanta area.  He provides the Atlanta MLS Power Search Tool that allows searches of homes using over 35 specific criteria.

 

Over the years, Tim has optimized his business so that he now can offer a huge 50% commission rebate to his buyers.  The more experience one gets, the easier the job becomes.

 

Tim also has a "Five Days to Sold" System that uses an intensive marketing blitz to create a showing frenzy that creates urgency and offers.

 

Tim is always looking to LinkIn with anyone who is interested in building their social network.

 

View Tim Maitski ●Atlanta Realtor●'s profile on LinkedIn

Larry Bergstrom
Crescent Realty, Inc. Spanaway, WA. - Spanaway, WA
CNE, CRS, GRI
Tim, well informed post. But as I've said many times in responses to short sale blogs, the basic reason that an agent advises a seller to go through the short sale process instead of foreclosure, is not because of the hit on their credit - it's already damaged - it's the simple fact that we don't make a commission on the property once it's been forclosed. We stand a chance of making something however, if we can put the short sale together. My hat is off to everyone that puts up with the short sale B.S., but I think as professionals, we should call it like it is. Best of luck to you.
Aug 27, 2010 04:10 PM
John Pusa
Glendale, CA
Tim - Excellent information and tips on the difference between foreclosure and short sale. Thank you for a helpful blog.
Aug 27, 2010 05:32 PM
Tim Maitski
Atlanta Communities Real Estate Brokerage - Atlanta, GA
Truth, Excellence and a Good Deal

Larry,  I haven't been involved with short sale listings as a listing agent but I have to disagree with you.  From what I have found, foreclosure is the worst that can happen to a seller.  Short sales are much better on the credit and also they are much better with employment.  Having a foreclosure on your record can mess up employment possibilities where a security clearance is needed. Is Wal Mart going to hire someone with a  foreclosure on their record?  Many companies have govenment contracts and the employees need to get clearances. A foreclosure on their record is going to be a big problem. 

And also, with a short sale, you have the possibility of negotiating a stop to any deficiency judgement.  You also have some control over how big that deficiency might be since you are in control of selling the home.  With a foreclosure, some banker or reo agent can sell the home for a fire sale price and therefore create a big deficiency to come after you for.

I just think you are way off base making a blanket statement that  agents recommend short sales primarily because of the commissions.  If the conditions were reversed, I'm sure most agents would recommend foreclosure and then try to market themselves to bankers as reo listing agents.

John,  I'm  glad you found the post helpful

Aug 28, 2010 02:16 AM