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Don't Just Walk Away - Short Sale v. Foreclosure

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Services for Real Estate Pros with Independant

By: Marc Fischer

The deteriorating economic situation in our country has caused millions of homeowners to get behind on their mortgage payments. Households are being squeezed from all directions as the job market contracts while costs for healthcare, food, and gasoline continue to climb in chorus. Americans wonder how times could ever get so bad.

With access to cheap credit, Americans pumped the bubble by securing financing without even undergoing simple background checks. Questionable lending practices allowed for home prices to become inflated as more and more people jumped into the property market. The law of gravity states that what goes up must come down. Everyone can agree that this crisis has been more like an airplane crash than the soft landing predicted by our government officials.

The house of cards has collapsed and our nation is now left with a myriad of borrowers burdened by the inability to cover their monthly mortgage bills. Millions of homeowner's now owe money on a mortgage that exceeds the value of their home. Realtors have coined this term as an "upside-down mortgage." Unfortunately not many homeowners know their rights and alternatives to relieve themselves from this burden.

Short sales and foreclosures are the two most common ways to close a delinquent loan. In a short sale, the lender agrees to accept less than what is owed in exchange for avoiding the expensive and lengthy foreclosure process. In a foreclosure, the lender will repossess the property from a borrower and then try to sell it on the open market in order to recover a portion of their money.

Over the past year millions of borrowers have decided to simply stop paying their mortgage and "walk away" from their homes, handing ownership over to the banks. Individuals who default on their mortgage and go through foreclosure have their credit ratings ruined for 7 years further complicating their lives. They will find it virtually impossible to secure a future mortgage or financing for any other purpose. Homeowners should weigh the benefits of a short sale (better credit ratings, and elimination of debt) versus ruined credit and the embarrassment of being evicted from their own home during a foreclosure. The Federal government has recognized that short sales are a favorable option to bring the current housing meltdown to an end. 

Industry experts agree that it is in both the homeowners and lender's best interest to perform a short sale. Congress recently passed legislation that ceases taxation obligations on short sales and encourages lenders to negotiate solutions with distressed homeowners. 

Raffi Tal, COO of I Short Sale (ishortsale.com) explains, "The passage of the Mortgage Forgiveness Tax Relief Act in 2007 eliminated the tax obligation for homeowners who have their mortgage debt released through a short sale and foreclosure (up to $1 million per individual or $2 million per couple)."

Tal, makes clear that with taxes no longer an issue, short sales are clearly the best option for homeowners in distress as well as for lenders. "This legislation helped create a surge in demand for short sale services. Banks recognize that foreclosures hurt the homeowner, scar neighborhoods, and most of all are expensive. Beyond the financial implications, a short sale upholds the homeowner's dignity and helps avoid the unpleasant process of eviction." 

There's no doubt that tough times are upon us, but homeowners can take comfort in the fact that there is a light at the end of the tunnel. The market will naturally adjust itself as savvy buyers purchase property at affordable prices alleviating the glut in housing supply. Most industry experts agree that the housing market will begin recovering towards mid to late 2009 (Wall Street Journal) and that the increase in short sale transactions may be speeding up the recovery process. Homeowners must avoid the foreclosure option completely and turn to other practical solutions. Companies like I Short Sale now provide free consultations to property owners by working on their behalf to alleviate the burden of debt and give them a fresh start.

For more information on the housing crisis visit:

Hud.gov  - Federal Department of Housing and Urban Development 

iShortSale.com - I Short Sale, Inc. foreclosure prevention services 

Wikipedia - Sub-prime mortgage crisis explained







Show All Comments Sort:
Dean Moss
Dean's Team - Keller Williams Realty Partners Chicago IL - Chicago, IL
Dean's Team Chicago IL Real Estate Team

Marc -

Thanks for the summary!

Indeed, many are in such despair that they feel the only option is walking away.  In other cases, owners attempt short sales, but the bank, or banks, take too long to respond, and the potential buyer walks away before the deal closes.

Buyers in distress need to better understand the options, and allow professionals to help and guide them through this difficult process.  At the same time, banks need to continue to streamline the process to encourage short deals to go through, to avoid foreclosure.

Over the past year, there are many times I have wondered if banks really have a clue at all!

DEAN & DEAN'S TEAM CHICAGO

Nov 12, 2008 11:32 AM
Valerie Springer
Benchmark Mortgage nmls 2143 - Birmingham, AL
Home Loan Officer AL, FHA, VA, Conventional and Re

Short sale has the same effect on credit as foreclosure from my understanding of credit analysis. Many realtors do not want to fool with the short sale, because of the time, all the work and it may not come to fruition.  One of my clients on the coast was told by several agents.  Walk away, we will sell it then from the bank and not have to work six months with a lender that cannot make up their minds.  It takes banks forever to respond to a contract if they already own it, so imagine if they are having to respond to help the seller!

Nov 12, 2008 12:03 PM
Sergio Rebollo Jr.
Real Estate TeamMates - Miami, FL

Marc....Welcome to ActiveRain.  This is a great community to network with others as well a great place to learn from other's experiences and knowledge.  I've enjoyed it; I hope you enjoy it as well.  Congrats on your first post.

Nov 12, 2008 01:40 PM
Sasha Miletic - Windsor Real Estate
RE/MAX Preferred Realty Ltd. - Windsor, ON

Hi Marc, Welcome to AR, Be a Blogholic and start writing your own blog soon on AR. All the best for your RE business. This is the right place for customers, friends, realtionships etc.

Best - Sash 

PS: FREE blog traffic strategy video...Hope this will help you... click here

Nov 12, 2008 11:41 PM
The Trumm Team Omaha Homes for Sale, Real Estate
Keller Williams Greater Omaha - Omaha, NE

Welcome to ActiveRain!

If you would like a few tips on getting the most out of ActiveRain, please visit my blog Welcome to Active Rain.  It has a few simple steps of what to do now that you have joined.

If you ever have any questions, just let me know.

Troy Trumm

Nov 13, 2008 12:30 AM
Lorena Westervelt
Van West Realty - Greenville, SC
Co-Founder/Co-Owner

Hello, welcome to Active Rain! This seems like a wonderful environment to network as well as learn from others. I hope you enjoy yourself and participate often in the Active Rain environment!

Nov 13, 2008 11:23 AM