Unless you are days away from foreclosure and have no other way to stop foreclosure, bankruptcy should be your last option to consider because it has more of a negative impact on your credit than all of your other options. If you file a Chapter 13 bankruptcy, and successfully complete it, the reporting will show up on your credit report for 7 years from the date of filing. If the bankruptcy is not completed, the derogatory will stay on your credit report for 10 years just like a Chapter 7 bankruptcy. A bankruptcy will also make it difficult for you to buy another property for up to 5 to 7 years.
Yes. However, a short sale can be a very long and complex transaction that requires specific documents and expertise that most homeowners do not possess. Most homeowners do not have the time to negotiate a short sale or the time required to market a property aggressively.
No. You can start the process anytime before the foreclosure auction date. However, it is unwise to wait. The odds of a successful short sale are less the longer you wait. Most short sales will take three to five months depending on the area and lender requirements.
Yes, in most cases. It is usually a win-win solution for the homeowner and the lender. Your lender will avoid expensive foreclosure costs and possibly receive less money at a foreclosure auction. As the homeowner, you can save your credit from a negative foreclosure rating that can last up to 7 years.
No. Because the lender takes a loss on the loan they will not allow a homeowner to make a profit.
When a lender sells a property short of the loan amount a deficiency occurs. For example, if your loan is $500,000.00 and you sell for $250,000.00 the lender loses $250,000.00 on the note. You may be obligated to pay taxes on this deficient amount. It depends on the state. Some states allow for personal liability and deficiency judgments and other states like California consider all purchase money loans on one- to four-unit dwellings exempt from deficiency judgments. In a short sale, the lender voluntarily accepts the new buyer’s purchase price as the full payment of the outstanding loan so the seller should be protected by any deficiency judgment. However, it is important to make sure that the negotiator includes this issue as part of the negotiated terms with your lender. Otherwise, you will have to pay extra income tax if the bank sends you a 1099 for the deficiency. Consult with your Attorney or we can refer you to one of our professionals. You may also consult IRS guidelines for additional information.
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