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FROM THE COLDWELL BANKER TOWN & COUNTRY BLOG


FROM THE COLDWELL BANKER TOWN & COUNTRY BLOG

(For Other Entries Go To and Click BLOG)

February 6th 2010

 

FORECLOSURE OR SHORT SALE?  WHAT ARE MY OPTIONS?

 

Our clients know what "foreclosure" means: bank takes your home and you leave.  In short payoff (the correct term for "short sale"), a buyer is found for your home and your real estate pro negotiates with your lender (or lenders, plural!) until an agreement is reached to accept the amount offered by the buyer; and, of course, you have to leave then too.

 

Increasingly, our Associates are asked about the pluses and minuses of waiting for a lender to foreclose on a distressed property as opposed to trying to achieve a "short

pay-off" with that same lender.  Here are our brief answers to those famous FAQs:

 

WITH FORECLOSURE                             WITH SHORT PAY-OFF

 

The Process                                                    The Process

You aren't paying your mortgage, you       You aren't paying mortgage, you

get a notice of default from your bank.      get a notice of default from your bank

You just wait around for a few months      You list your property with a real estate

and after five to eight months, the bank     agent, solicit buyers for your home; when

forecloses and evicts you.                              an offer is accepted, it is sent to the bank.

                                                                        after several weeks or months, the bank will respond, usually accepting the offer   

                                                                        (with some conditions). 

 

The Results                                                    The Results

 

Your credit score                                            Your credit score

That famous FICO score will really take    Your FICO score will suffer some damage

a hit.  Several hundred points at the            of course.  But that will result from the

very least.  It will be a factor in other          the missed payments and most banks will

purchases (cars, etc.) for at least three        enter "Paid as Agreed" on your credit

years.  In addition, the "Foreclosed"           history.  You will have "credit issues" for

term will show on your credit history          a year or a year-and-half (cars, etc.), but

for up to 10 years.                                         no term like "Short Payoff" will show on

                                                                        credit histories.

 

Buying your next home                                 Buying your next home

As the rules are presently written,               In general, if you are successful in your

it will be five years before you can              short sale efforts, it appears that you will

obtain a federally insured loan                    able to get a new loan in about two years.

(Fannie Mae or Freddie Mac).  If                No promises, of course, but that's how

you are an investor, it will be seven!            your chances look at this writing.

 

Will you still owe money to the bank?           Will you still owe money to your bank?

You can, unless your loan was for               It is possible but unlikely.  If you bought or

purchase money only, not a credit line.       refinanced your home in part with a line of

you can escape.  Most second loans from    credit (a HELOC) you will probably be able

the early 2000s were credit lines and not    negotiate a settlement of that and be free from

true mortgage money.  You can be liable!  Any future obligation for the line of credit loan.

 


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