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Avoid a Foreclosure!

By
Real Estate Agent with Steinborn & Associates Real Estate

At some point, many homeowners come to the realization that they can't afford to stay in their home. Those who plan to give up their home, but want to avoid foreclosure (including the negative blemish it will cause on their credit report), consider a short sale.

A short sale allows you to sell or walk away from your home without incurring liability for a "deficiency."

Las Cruces Short Sale InformationThe Short Sale

In many states, lenders can sue homeowners even after the house is foreclosed on or sold, to recover for any remaining deficiency. A deficiency occurs when the amount you owe on the home loan is more than the proceeds from the sale.

In a "short sale" you get permission from the lender to sell your house for an amount that will not cover your loan. A short sale is beneficial if you live in a state that allows lenders to sue for a deficiency -- but only if you get your lender to agree in writing to let you off the hook.

The benefit of a short sale is that you get out from under your mortgage without liability for the deficiency. You also avoid having a foreclosure or a bankruptcy on your credit report. Your credit won't suffer as much as it would were you to let the foreclosure proceed or file for bankruptcy.

The catch is that you need a real offer from a buyer before you can find out whether or not the lender will go along with it. In a market where sales are hard to come by, this can be frustrating because you won't know in advance what the lender is willing to settle for.

If you have additional mortgages, a line of credit or a home equity loan, those lenders must also agree to the short sale. If you are in this situation, you should know that it is often impossible considering that those lenders won't stand to gain anything from the short sale.

However, a short sale may generate a surprise: Taxable income based on the amount the sale proceeds are short of what you owe (again, called the "deficiency"). The IRS treats forgiven debt as taxable income, subject to regular income tax. The good news is that there are some exceptions for the years 2007 to 2009. To learn more, see "Income Tax Liability in Short Sales and Deeds in Lieu," below.

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Ed Urbaniak
The Chin Sells Team at Weichert Realtors - Fairfax, VA

Have you seen any banks pursuing deficiency judgments?  It seems like they would be wasting their money.  Why hire an attorney to get a judgment against someone who has no money to pay you?

Feb 05, 2011 02:12 AM
Suzanne Gantner
Realty Texas - Round Rock, TX
GRI, E-Pro, SRES, SRS, ABR, CNE, REDS, CPS, WCS

We have so many short sales it isn't funny.  I have been very successful with the ones I have sold for people but some of my buyers haven't been so lucky due to time it takes for some banks to make any kind of decision.  I do highly recommend them over a foreclosure and work really hard for my sellers if they are having difficulties. 

Feb 05, 2011 02:13 AM
Nor Yeretsian
Envoy Capitol Realty Inc. - Toronto, ON
Envoy Capitol Realty Inc., Brokerage Toronto

Power of Sales seem to be more popular up here , in Ontario.

Good post, Evelyn .

cheers

Nor Yeretsian

Feb 05, 2011 02:19 AM
Terry McCarley
Coastal Real Estate - Cape Coral FL - Cape Coral, FL
REALTOR, SRES, CDPE - Cape Coral, FL

Short sales are very common in Lee County FL - I have closed numerous short sales and successfully got the debt forgiven.  They do require patience but you are 100% correct - a short sale is far better than a foreclosure!

Feb 05, 2011 02:20 AM
Ann Steinemann
Russell Real Estate Services-Sandusky - Sandusky, OH
REALTOR, GRI, PPS

Ed, I live in a state (Ohio) where banks can pursue deficiency judgments after foreclosure. I have a friend and client who lost his home to foreclosure. They had a first and second mortgage and tried to do a short sale (working with multiple offers) but the first mortgage holder refused to accept anything less than what was owed. The house eventually was sold at sheriff's sale. Months later, the second mortgage holder came back to my friend and demanded payment of the $30,000 second mortgage. My friend negotiated a 25% payoff amount.  

Feb 05, 2011 02:30 AM
Evelyn Bruder
Steinborn & Associates Real Estate - Las Cruces, NM
CRS, GRI, ABR, E-PRO

Thanks for the feedback! 

Feb 07, 2011 02:04 AM