Sacramento Expert Short Sale Negotiator and Folsom Certified Short Sale Expert Forth Hoyt Talks About One Of Today’s Hottest Topics: Foreclosure or short Sale?
Short Sale vs. Foreclosure
Job Loss, Reduction in Overtime, Budget Cuts, Health Issues, Divorce, Curtailment of Income, Furlough Days, Divorce, Injury, Layoffs, Death of a Breadwinner, Medical Bills…
There are many reasons why nearly 15% of homeowners are behind on mortgage payments nationwide. Here in Sacramento, and especially in specific areas built at the height of the housing boom here in our area, the numbers are more than triple that. With that many people facing the inevitable loss of their home, many are making the decision of how to handle their exit.
Foreclosure or short Sale? Finding your best option of doing short sale or let your home go to foreclosure and ultimately back to the bank depends on several factors. With the stress of foreclosure and hard times, many people make decisions they otherwise would not make. While for some homeowners just walking away seems like the only option, that might not be your best choice.
Find out more about you particular situation:
or read: the burning question on every short sellers mind:
Frequently Asked Short Sale Questions, Short Sale Information, Short Sale Pitfalls And Ramifications of a Short Sale:
Benefits of a Short Sale
There are benefits for doing a short sale.
* You are in control of the sale, not the bank. Retain some dignity in knowing that you sold your home.
* You may sleep better at night knowing who is buying your home.
* You will spare yourself the social stigma of the “F” word, foreclosure.
* Contrary to popular belief, you can be current on your payments and still effect a short sale.
* Your home sale will be handled like any other home sale. You won’t suffer the social stigma of the “F” word: foreclosure.
* May be able to qualify for HAFA government homeowners assistance ($3,000).
What else do you get out of a short sale?
* No mortgage payments to make, unless you choose to make them.
* You can meet the new owners.
* Property stays occupied; stays maintained, clean and kept up, so better for your neighborhood.
* You will be eligible, under Fannie Mae guidelines, to buy another home in 2 years instead of 5 to 7 years.
Buying Again After a Short Sale
If your payments have never fallen behind 30 days late and the lender does not require that you pay back the loan, Fannie Mae guidelines may allow you to buy another home immediately. The wait for an FHA loan is 3 years. No matter what; Foreclosure Avoidance Options really are your best choice if you want to buy again.
Buying Again After a Foreclosure
With certain restrictions, you may be eligible to buy another home in 5 years if the home was your primary residence. Without restrictions, the wait is 7 years. If you are an investor and do not occupy the home, the wait to buy with a Fannie Mae insured loan is 7 years. Again, more reasons to avoid foreclosure.
Affects on Credit After a Short Sale
A short sale is not a derogatory mark on your credit because credit bureaus do not show the word “short sale” on your credit report. It may say “pay as agreed” or “paid as less than agreed,” among other categories. Some clients have reported negative FICO score drops from 50 points to 130 points.
The point drop is typically due to being in default, that is behind on your payments.
Affects on Credit After a Foreclosure
A number of sources have reported FICO score drops from 200 to 400 points after a foreclosure. Generally this credit score will remain on your credit report as a public record for 10 years.
Credit Reports After a Short Sale
All lenders report short sales differently and some do not report them to the credit bureaus at all.
Credit Reports After a Foreclosure
If a prospective employer runs a credit check on you, your job application may be denied if you have a foreclosure on your record.
Deficiency Judgments After a Short Sale
Judgments are often negotiated between the seller and the short sale bank. In some cases, such as California, if the home is your personal residence and was financed through purchase money, there is no deficiency judgment.
Deficiency Judgments After a Foreclosure
Banks are unwilling to negotiate deficiency judgments with the homeowner after a foreclosure. In California, for example, according to the California Association of REALTORS, a deficiency judgment may be filed regarding a hard-money loan if the lender forecloses under a judicial foreclosure versus a trustee sale or if the second loan is a hard money loan and the sale takes place as a trustee’s sale.
Loan Application Questions After a Short Sale
Loan applications do not ask questions about a short sale. You may report that you sold your home.
Loan Application Questions After a Foreclosure
You are required to answer the question: “Have you ever had a property foreclosed upon or given a deed-in-lieu thereof in the past 7 years.” If the bank sees you have had a foreclosure, your loan most likely will be denied. If you lie, you may be subject to investigation by the FBI for mortgage fraud.
Length of Time to Move After a Short Sale
If you’ve had a foreclosure notice filed, you may be able to postpone that action while the bank considers your short sale. The wait for short sale approval can be from 2 to 3 months, or longer.
Length of Time to Move After a Foreclosure
Unless prior arrangements have been made, the bank may want you to immediately vacate the property and can commence eviction proceedings.
Taxation After a Short Sale
A personal residence is exempt from mortgage debt relief until the end of 2012 on a federal level. Some states will still tax you unless you qualify for an exemption. An investor is not exempt from mortgage debt relief, subject to certain conditions.
Taxation After a Foreclosure
Same as with a short sale. Except some lenders immediately send out 1099s, even if the owner is exempt.
In closing, always obtain legal and tax advice before making a decision between a short sale or a foreclosure.