A “short sale” occurs when the homeowner enters into a negotiation with the mortgage company to accept less than the full balance of the loan at closing. The homeowner closes on the property and the property is “sold short.” This occurs prior to a property entering the foreclosure process.
A bank-owned house, or Foreclosure, is not a short sale. A seller deciding to lower their price and take less profit is not a short sale. To have a short sale, one of the parties has to be “shorted;” either the seller or the bank, and for the owner to qualify a number of criteria must be met (see below).
In a foreclosure, homeowners fall behind in their payments and the bank typically repossess the house and sells it. In almost all cases, the bank pursues the homeowner for the deficiency. The only real way out of this type of situation is to file bankruptcy.
In the case of a short sale, the homeowner:
- Does not enter the foreclosure process,
- Only late payments on the mortgage show on a credit report and after the sale of the home, the mortgage will be reported as paid or negotiated. This could lower a homeowner’s credit score by as little as 50 points if all other payments have been made. The affect of a short sale can be as brief as 12 to 18 months
- A short sale is not reported on a credit history. There is no specific reporting item for ‘short sale.’ The loan is typically reported as ‘paid in full, settled.’
- A Short Sale on its own does not challenge most security clearances whereas a foreclosure does.
- A Short Sale is not reported on a credit report and is therefore does not present a challenge to employment.
- In some successful short sales it is possible to convince the lender to give up the right to pursue a deficiency judgment against the homeowner, (i.e., payment of the shortfall or the difference between what was owed and what the bank received.)
- Under the Mortgage Forgiveness Debt Relief Act of 2007, if there is a deficiency payment, and the home subject of the short sale was a principal residence (vs. an investment property) and that home is worth less than or equal to $2 million, the tax on the deficiency will be forgiven.
- A homeowner who successfully negotiates and closes a short sale will be eligible for a Fannie Mae backed mortgage after only 2 yrs
- An Investor who successfully negotiates and closes a short sale will be eligible for a Fannie Mae backed investment mortgage after only 2 years.