The Upside of Short Sales
Source: The Distressed Property Institute
| 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 mortgage for 5 years. | A homeowner who successfully negotiates and closes a short sale will be eligible for a Fannie Mae 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 mortgage for a period of 7 years. | An investor who successfully negotiates and closes a short sale will be eligible for a Fannie Mae mortgage after only 2 years. |
| Future
Loan with any Mortgage Company |
On any future 1003 application, a prospective borrower must answer YES to question C in Section VIII of the standard 1003 that asks, “Have you had property foreclosed upon or given title or deed in lieu thereof in the last 7 years?” This can affect the rate or ability to qualify for future loans. | There is no similar declaration or question regarding a short sale. |
| Credit Score | The credit score may be lowered anywhere from 250 to over 300 points. A foreclosure typically affects the score for over 3 years. | After a short sale the score is lowered as little as 50 points if all other payments are made on time. The negative effect can be only 12 to 18 months. |
| Credit History | Foreclosure remains as a public record on a person's credit history for 10 years or more. | A short sale is not reported on a credit history. The loan is typically reported as “paid in full, settled”. |
| Security Clearances | Foreclosure is the most challenging issue for a security clearance outside of a conviction of a serious misdemeanor or felony. A foreclosure for someone that is a police officer, in the CIA, the military, or in other security-sensitive positions means that in many cases, clearance is revoked and the position is 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 of all employees who are in sensitive positions. A foreclosure in many cases is 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 for 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 reported on a credit report and is therefore not a challenge to employment. |
| Deficiency Judgment | The law of most states allows junior mortgages to recover the unpaid deficiency amount after the foreclosure of the senior mortgage. | In some successful short sales it is possible to convince the lender to give up the right to pursue a deficiency judgment against the homeowner. |
| Deficiency
Judgment Amount |
In a foreclosure, if it does not sell at auction, the home must go through an REO process. In most cases, an REO has a lower sales price and a longer time to sell in a declining market. This can result in a higher deficiency judgment. | In a well-managed short sale, the home should be sold at a price close to market value, and in almost all cases, higher than an REO sale price. The result can be a lower deficiency judgment. |