Foreclosure vs. Short Sale: Which Option is Right for You?

Are you struggling to keep up with your mortgage payments? If so, you may be faced with the difficult decision of foreclosure or short sale.

Foreclosure is a legal process where a lender seizes and sells a property due to the borrower’s failure to repay the mortgage while short sale is selling a property for less than the amount owed on the mortgage, with the lender’s approval, to avoid foreclosure.

Foreclosure vs. Short Sale

Foreclosure	Short Sale
Foreclosure is a legal process initiated by the lender to seize and sell a property due to the borrower’s failure to repay the mortgage.	A short sale refers to the sale of a property for less than the amount owed on the mortgage, with the lender’s approval, in order to avoid foreclosure.
It is typically initiated by the lender when the borrower defaults on the mortgage payments.	Homeowners or borrowers initiate a short sale by contacting the lender and requesting permission to sell the property for less than what is owed.
In a foreclosure, ownership of the property is transferred to the lender or bank.	In a short sale, ownership of the property is transferred to a new buyer who purchases it at a price lower than the outstanding mortgage balance.
It has a severe negative impact on the borrower’s credit score and future borrowing ability.	Although It also has a negative impact on the borrower’s credit score, it is generally less severe compared to foreclosure.
Foreclosed properties are typically sold through a public auction or trustee sale.	Short sales involve selling the property on the open market, similar to a traditional real estate transaction.
It can take several months to years to complete, depending on various factors and legal processes.	It generally have a shorter timeframe to complete compared to foreclosure, but the duration can still vary depending on the complexity of the transaction.
In foreclosure, the borrower may still be held liable for a deficiency judgment if the sale proceeds do not cover the outstanding mortgage balance and fees.	In a short sale, the lender may forgive the remaining debt or the borrower can negotiate with the lender for a debt settlement agreement.

Introduction to foreclosure and short sale

Foreclosure is a legal process that allows the lender to repossess the home and sell it in order to recoup the unpaid debt.

A short sale occurs when the homeowner sells their home for less than the outstanding balance of their mortgage. The proceeds from the sale go to the lender, and the homeowner is released from their debt obligations.

If you are facing foreclosure, it is important to understand all of your options before making a decision. A short sale may be a better option for you if you can no longer afford your mortgage payments and want to avoid the negative consequences of foreclosure.

How are foreclosure and short sale similar?

Both involve the sale of a property.
A foreclosure is a forced sale of a property, ordered by a court. A short sale is a voluntary sale of a property, agreed to by the lender.
In a foreclosure, the lender takes ownership of the property. In a short sale, the lender agrees to accept less than the amount owed on the mortgage loan, and the borrower retains ownership of the property.
In most cases, foreclosures take longer than short sales. A foreclosure can take several months or even years to complete, whereas a short sale can often be completed in just a few weeks or months.
Foreclosures also tend to be more expensive for lenders than short sales. This is because foreclosures incur additional costs, such as court fees and attorney’s fees. Short sales usually result in less of a loss for lenders because they are able to sell the property quickly and avoid these additional costs.

Pros & cons of foreclosure and short sale

Foreclosure:

You may be able to stay in your home until the foreclosure process is complete
The foreclosure will stay on your credit report for 7 years
Your credit score will take a significant hit
It may be difficult to rent or buy another home after a foreclosure
You may be liable for any deficiency balance (the amount owed on the mortgage after the home is sold at auction)
Your tax liability may increase if the mortgage is forgiven through a short sale or deed in lieu of foreclosure

Short Sale:

A short sale will stay on your credit report for up to 7 years
Your credit score will take a hit, but not as much as with a foreclosure
You may be able to rent or buy another home sooner after a short sale than a foreclosure
You may be released from any deficiency balance
You may not have any tax liability if the mortgage is forgiven through a short sale

Best practices for choosing between foreclosure and short sale

Your credit score: A foreclosure will stay on your credit report for 7 years, while a short sale will only stay on your report for 2 years. If your credit score is important to you, then a short sale may be the better option.

Your financial situation: A foreclosure can be expensive, as you’ll likely have to pay attorney’s fees, court costs, and other fees associated with the process. A short sale may not be free either, as you’ll likely have to pay real estate commissions and other closing costs. But overall, a short sale is usually less expensive than a foreclosure.

Your future plans: A foreclosure will stay on your record for 7 years, which may make it difficult to get approved for another mortgage during that time. A short sale will only stay on your record for 2 years, so if you’re planning on buying another home in the near future, a short sale may be the better option.

Key differences between foreclosure and short sale

A foreclosure is initiated by the lender, while a short sale is initiated by the homeowner.
In a foreclosure, the property is sold at auction, while in a short sale, it is sold by the owner through a real estate agent.
A foreclosure will stay on your credit report for 7 years, while a short sale will stay on your credit report for 3 years.
A foreclosure will likely result in a deficiency judgment (meaning you may still owe money to the lender even after your home has been sold), while a short sale will not.

More Differences:

Conclusion

Foreclosure and short sale are two very different things. A foreclosure can have a major negative impact on your credit score, whereas a short sale may not affect your credit as badly. Ultimately, if you are facing foreclosure or considering a short sale, it is highly recommended that you seek professional advice from an experienced real estate attorney who can guide you through the process.