If the homeowner
simply cannot
get back on
track and needs
to sell (or
dump) their
property, a
short sale is a
good possible
alternative. In
order for a
short sale to
work.
(1) There needs
to be a
legitimate
hardship on the
part of the
homeowner i.e.
illness, death,
job loss,
divorce, etc.
(2) the
homeowner cannot
have a bunch of
other assets
i.e. cash in the
bank, big 401K
accounts, other
properties, etc.
or a big income.
A short sale can
be good for a
homeowner in
many ways.
First of all, a
short sale
reflects much
more positively
on your credit
than a
foreclosure. A
short sale shows
up as a partial
payoff, whereas
a foreclosure is
what it is - a
repossession of
a house.

Usually after
just two short years after a
short sale, the
borrower may
have a great
credit score
again. On the
other hand a
foreclosure will
show bad on your
credit for 7
years or more
and will have to
be disclosed on
future credit
applications.
Secondly, a short sale can often be negotiated where the personal liability of the borrower is waived and therefore no deficiency judgment can be obtained for the shorted amount.
Thirdly, both
the homeowner
and the lender(s)
are rid of a
non-producing,
unwanted asset.
This is often a
huge relief to
the homeowner
who may be under
incredible
stress because
of the imminent
foreclosure
situation. If
the lender had
to
repossess this
house, it may be
another year
before the
foreclosure
finalizes and
the house is
re-sold to a new
buyer. A short
sale shortens
this whole
process
drastically and
hopefully saves
the lender tens
of thousands in
fees and losses.
Fourthly, Congress passed a law back in December the Mortgage Forgiveness Debt Relief Act of 2007,which allows this debt relief to be a non-taxable event. So in most instances, there are no negative income tax consequences for the borrower in doing a short sale.
Fifthly, short sales keep the economy moving. Another sale means that lenders get some of their money back to lend out again (hopefully smarter than the previous time); title companies, mortgage brokers, Realtors, surveyors, taxing authorities, etc. all get paid; a neighborhood eyesore gets cleaned up; and a new buyer gets a good deal.
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