Choose
Your Way: Foreclosure Or Short Sale
Are
you confused whether to go for a short sale or foreclosure? Let us have a brief
insight on each of these. Keep on reading to clear all your doubts.
Short
sale:
A short
sale is the selling of a property in which the income or profits from selling
the estate will be less than the balance secured by the lender and the property
owner is not able to pay the lender the full amount, The lender agrees to
liberate the borrower on the property and agrees to take less than the actual
price payable on the debt. Any unpaid balance remaining to the creditors is called
a deficiency.
To
meet the criteria for a short sale you require:
·
The
house must be equal to or less than the amount of your debt.
·
It
is important to give evidence that you are in financial trouble, for example,
jobless, decrease in income, any medical condition and it’s expenses, even
conditions like divorce, property trouble, etc.
Short
sale agreements do not always release the debtor from their responsibility to
pay back any shortfall after the sale, unless particularly settled between the
two parties.
Foreclosure:
Foreclosure
is a particular legal process in which a person who lends money tries to get
back the balance of the loan from a borrower who has not made regular payments
for some time now. To the lender, this results in the sale of the property
utilized as the security for the loan. This right is obtained by court order or
by particular statutory procedure.
Foreclosure
Liabilities:
There
is a huge difference between foreclosure and short sale. It you choose foreclosure,
you give away your house or property and get out of any money trouble. Even
though you free of the debt, you can still be liable to the IRS for taxes. In
short, if your asset or property goes into foreclosure then you are accountable
for the discrepancy of what is payable on the estate versus what is sold in the
auction, or the deficiency balance. You must understand that this is specific
to the State and in almost all States you will be accountable for the shortfall,
but in few States the bank may not always be able to follow the debt. Therefore,
before entering the foreclosure process you must clarify your State’s laws.
There
are many other options you can turn to before you decide to venture into
foreclosure. You have an option of short sale, loan adjustment, etc. Generally,
a short sale is a very good choice, but not always. It depends on many other
factors pertaining to the borrower. So now there are many options you can opt
for before going into foreclosure.
Bank
Involvement:
Generally
people feel that banks will not easily help in a short sale. But on contrary, banks
are also interested in a short sale over foreclosure. The reason being,
foreclosure requires more time and banks have to expend more money. Banks are
full with foreclosures and therefore, they opt for short sale. It is better
than increasing the foreclosure lists. You can easily qualify for short sale, the
only thing you need to do is to give good evidence of your financial trouble, and
also give an evidence of the worth of your house. Now, even the government
participates in short sales and there is incentive for the short sales.
More
recently, short sales have increased in range from 10% to 50%. In the recent
year, there has been more increases seen in short sales rather than
foreclosure. Due to inflation, recession, and other financial changes in the market,
more people are going into short sale which is feasible for the consumer and banks.
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