In a short sale, the homeowner and mortgage company agree to sell the home for less than the amount owed on the mortgage. Short sales may be a good option for homeowners who have no equity in the property and want to abandon the home without going through the foreclosure process. Short sales are beneficial to homeowners because they are able to walk away from the property without a lengthy legal battle, and they can minimize the damage done to their credit score. On the other hand, lenders will avoid the costs associated with foreclosing on a home.
The decision to pursue a short sale should not be made without first obtaining legal counsel. There are many other foreclosure alternatives that may be a better fit for your specific situation, such as a deed in lieu, loan modification, or bankruptcy. In addition, there are many potential disadvantages to a short sale that homeowners should be made aware of.
While a short sale may not be as harmful to your credit score as a foreclosure or bankruptcy filing, there will still be some damage done to your credit rating from the short sale. In addition, you may be required to sign a promissory note to pay the difference between the purchase price and amount owed on the mortgage. The promissory note will make you liable for the debt, and the lender can pursue collection and legal actions against you to collect the amount owed. If the lender does not require you to sign a promissory note, you may have to pay taxes on the amount of debt the lender has agreed to forgive as a condition of Florida short sales.
Consult With a Tampa Foreclosure Attorney About Short Sales in Florida
At Florida Law Advisers, P.A., our foreclosure defense attorneys know how to negotiate with lenders to obtain the results our client’s want and deserve. Our Tampa foreclosure defense attorneys have gained years of experience from working with homeowners and mortgage companies in negotiating short sales and fighting foreclosure. If you decide to pursue a short sale, we can handle all of the negotiations with your mortgage company and draft all of the necessary documentation to help ensure your rights are protected and the process is as stress-free as possible.
Whether you want to keep your home and prevent foreclosure, or walk away from your home without being responsible for any of the debt, Florida Law Advisers, P.A., can help. Our initial consultation is free and we offer flexible payment options to all of our clients. We will work with you to develop a payment plan that you can afford. We accept many forms of payment and offer our clients the choice of either a low cost flat fee or low cost hourly fee. Florida Law Advisers, P.A., wants to provide you with solutions, not add to your financial burden.
Frequently Asked Questions
Yes, in many respects a short sale is less harmful than having a foreclosure on your credit report. However, each lender will have their own underwriting guidelines and view short sales/foreclosure differently. Therefore, you should inquire about your bank’s specific rules regarding short sale. You should also confer with your accountant, as there may be tax consequences for the short sale.
In a short sale, the homeowner and mortgage company agree to sell the home for less than the amount owed on the mortgage. Short sales may be a good option for homeowners who have no equity in the property and want to abandon the home without going through foreclosure. Neither party can force a short sale, it must be agreed upon by the homeowner, mortgage company, and buyer.
Possibly, a short sale does not necessarily remove your liability to the bank for the loan. Even though the bank has agreed to the short sale, they may still hold you responsible for the remaining loan balance. Therefore, you should review the short sale documents to see if the bank is waiving the loan balance in full.
In many respects, bankruptcy is more helpful to homeowners than a short sale. For instance, with bankruptcy you can remove your liability on the loan. On the other hand, a short sale does not necessarily release you from the debt. Additionally, there may be tax consequences, such as a 1099C with a short sale. Bankruptcy does not carry the risk of a 1099C being issued by the bank.