Foreclosure vs. Short Sale
FORECLOSURE VS. SHORT SALE
Homeowner Consequences
(for informational purposes only – homeowners should ALWAYS check first with a CPA and Attorney to see the potential legal and tax implications of a short sale or foreclosure)
| 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 5 to 7 years | A homeowner who successfully negotiates and closes a short sale may 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 may be eligible for a Fannie Mae-backed investment mortgage after only 2 years | |
| Future Loan with any Mortgage Company | On any future application, a prospective borrower will have to answer YES to question C in Section VII of the standard 1003 form that asks “Have you had property foreclosed upon or given title of 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 more than 300 points. Typically will affect a credit score for over 3 years | Only late payments on mortgage will show, and after sale, mortgage is normally reported as “paid in full for less than owed”, “paid as negotiated”, or “settled”. This can lower the credit 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 permanently, and on a person’s credit history for 10 years or more | A short sale is not reported on credit history. There is no specific reporting item for a short sale. | |
| Security Clearance | Foreclosure is the most challenging issue against a security clearance outside a serious misdemeanor or felony conviction. 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 almost all cases security clearance will be revoked and position be terminated. | On its own, a short sale does not challenge most security clearances | |
| Current Employment | Employers have the right and are actively checking the credit of all employees who are in sensitive positions. In many cases, a foreclosure is reason for immediate reassignment or termination | A short sale is not currently 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 in most cases will challenge employment | A short sale is not currently reported on a credit report and is therefore not a challenge to future employment | |
| Deficiency Judgment | In 100% of foreclosures (except in states where there is laws to the contrary), the bank has the right to pursue a deficiency judgment | In some successful short sales, it is possible to convince the lender to give up their right to a deficiency judgment | |
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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 sales price and longer time to sale 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 closer to market value, and in almost all cases will be better than a REO sale, resulting in lower deficiency |
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