Foreclosure  vs. Short Sale 

         

It’s good to know what your options are… But do you know the consequences? 

Issue

Foreclosure

Successful Short Sale

Future Fannie Mae Loan – Primary Residence

A homeowner who loses a home to Foreclosure is ineligible for a Fannie Mae backed mortgage for a period of 3 years

A homeowner who successfully negotiates and closes a Short Sale will be eligible for a Fannie Mae Backed mortgage after only 2 years

Future Fannie Mae Loan – Non Primary

An investor who allows a property to go to Foreclosure is ineligible for a Fannie Mae backed investment mortgage for a period of  7 years

An investor who successfully negotiates and closes a Short Sale will be eligible for a Fannie Mae backed investment mortgage after only 2 years

Future Loan with a Mortgage Company

On any future 1003 application, a prospective borrower will have to answer YES to “Have you had property foreclosed upon or given title or deed in lieu thereof in the last 7 years?”  This will affect future rates.

There is no similar declaration or question regarding a Short Sale

Credit Score

Score may be lowered anywhere from 250 to over 300 points.  Typically will affect score for over 3 years

Only late payments on mortgage will show and after sale mortgage will be reported as paid or negotiated.  This will lower the score as little as 50 points if all other payments are being made.  A Short Sale’s effect can be as brief as 12 to 18 months.

Credit History

Foreclosure will remain as a public record on a person’s credit history for 7 years or more

Short Sale is not reported on a credit history.  There is no specific reporting item for “Short Sale”.  The loan is typically reported “paid in full, settled”.

Security Clearances

Foreclosure is the most challenging issue against a security clearance outside of a conviction of a serious misdemeanor or felony.  If a client has a Foreclosure and is a police officer, in the military, in the CIA, Security, or any other position that requires a security clearance in most cases clearance will be revoked and the position will be terminated.

A Short Sale on its own does not challenge most security clearances

Current Employment

Employers have the right and are actively checking the credit regularly of all employees who are in sensitive positions.  A Foreclosure may be grounds for immediate reassignment or termination

A Short Sale is not reported on a credit report and is therefore not a challenge to employment

Future Employment

Many employers are requiring credit checks on all job applicants.  A Foreclosure is one of the most detrimental credit items an applicant can have and can challenge employment

A Short Sale is not reported on a credit report and is therefore not a challenge to employment.

Deficiency Judgment

In many states, depending on the kind of loan, the bank has the right to pursue a deficiency judgment

Depending on the type of loan some lenders who accept a Short Sale may be able to pursue a borrower for a deficiency judgment.  In many successful Short Sales it is possible to convince the lender to give up this right as part of the Short Sale

 Deficiency Judgment (amount)

In a Foreclosure the home will have to go through an REO process if it does not sell at auction.  In most cases this will result in a lower sale price and longer time to sell in a declining market. This will result in a higher possible deficiency judgment

In a properly managed Short Sale the home is sold at a price that should be close to market value and in most all cases will be better than an REO Sale resulting in a lower deficiency

 If you or someone you know is going through a financial hardship and need someone on YOUR side, keep in mind... Help is a phone call away!  For your private consoltation please call your local Certified Distressed Property Expert at 479-442-9099.  We are always here to help.

‚óŹNOTE: I am not licensed as an attorney or CPA, and this information is in no way advice on the consequences, legalities and/or tax ramifications of a short sale.