Basics of a Short Sale
December 17th, 2007Short Sales happen when a lender agrees to accept less then the amount owed against the homes because there is not enough equity to sell and pay all costs of sale. Not all lenders will negotiate a short sale, and that is why a real estate agent can be tremendous help by contacting the lenders loss mitigation department to find out.
You can’t just wake up and decide you are going to sell your homes at a loss by asking for a short sale. Typically, lenders won’t even consider a short sale if your payment are current. Lenders will be more agreeable to negotiation if you payments are in arrears. Plus, if you have cash assets, the lender might try to tap those accounts. Doing a short sale is not for the faint of heart.
How is the Seller’s Credit Affected?
According to David Steep, division manager at Vitek Mortgage, sellers will take a bigger hit on their credit report by going through foreclosure or giving the lender a deed-in-lieu of foreclosure. Steep says the points lost on a FICO score (the formula used to assess a borrower’s risk factor) are as follows:
Foreclosure or Deed-in-Lieu of Foreclosure
Both of these solutions affect the credit the same. Sellers will take a hit of 250 to 280 points. This means is a seller’s IFCO score before foreclosure was 680, it could dip as low as 400.
Short Sale
The affect of a short sale on a seller’s credit report is much less damaging. The ding on credit will show up as a pre-foreclosure in redemption status, Steep says, which will result in a loss of 80 to 100 point. This means a short sale with a previous FICO of 680 will see a fall to 580 to 600.
Waiting period before buying another home
Foreclosure or Deed-in-Lieu of Foreclosure
Steep says a seller who wants to buy another home after foreclosure will end up waiting about 36 months before a lender will offer any kind of interest rate that makes sense.
Short Sale
The good news for a short sale seller is the wait is much shorter before buying another home. “They can buy again in about 18 months at a reasonable interest rate” says Steep.
Short Sale/Foreclosure Deficiency Judgments
The bad news is a seller could be subject to a deficiency judgment for the difference between the loan amount and the amount paid. In
The lender has sole discretion whether to pursue a deficiency judgment in those instances when the judgment is permitted. To determine whether a pending foreclosure or short sale is subject to a deficiency judgment, talk to a real estate lawyer.
For sellers trying to decide whether to let a home go through foreclosure versus attempting a short sale, salvaging their credit is the main advantage to doing a short sale. Be sure to seek legal and tax advice before making this decision.
Article obtained from about.com and authored by Elizabeth Weintraub who has an extensive background in real estate spanning more then 30 years.