Lisa Jones Orlando Area Real Estate
Make The Right Call
Lisa Jones

Consequences to Homeowners: Foreclosure vs. Short Sale

There is so much to take into consideration when faced with the decision of letting a property go through the foreclosure process or trying to sell it short (the lender accepts a sale for less that what is owed on the loan). 


 Credit Score


Score may be lowered anywhere from 250 to over 300 points. Typically will affect score for over 3 years.


Only late payments on mortgage will show and after sale mortgage will be reported as paid or negotiated. This will lower the score as little as 50 points if all other payments are being made. A short sale’s affect can be a brief as 12 to 18 months.

Credit History


Foreclosure will remain 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. There is no specific reporting item for ‘short sale’. The loan is typically reported ‘paid in full, settled’.

 

Current Employment


Employers have the right and are actively checking the credit regularly of all employees who are in sensitive positions. A foreclosure in many cases is ground 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 on 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.


Security Clearances


Foreclosure is the most challenging issue against a security clearance outside of a conviction of a serious misdemeanor or felony. If a client has a foreclosure and is a police officer, in the military, in the CIA, Security, or any other position that requires a security clearance in almost all cases clearance will be revoked and position will be terminated.


A Short Sale on its own does not challenge most security clearances.

Future Loan with any Mortgage Company


On any future 1003 application, a prospective borrower will have to 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 will affect future rates.


There are no similar declarations or question regarding a short sale.


Future Fannie Mae Loan - Primary Residence

A homeowner who loses a home to Foreclosure is ineligible for a Fannie Mae backed mortgage for a period of 5 years.


A homeowner who successfully negotiates and closes a short sale will be eligible for a Fannie Mae backed mortgage only after 2 years

Future Fannie Mae Loan - Non Primary

An Investor who allows a property to go to Foreclosure is ineligible for a Fannie Mae backed investment mortgage for a period of 7 years.


An investor who successfully negotiates and closes a short sale will be eligible for a Fannie Mae backed investment mortgage after only 2 years.

Deficiency Judgment

In 100% of foreclosures (except in those states where there is no deficiency) the bank has the right to pursue a deficiency judgment.


In some successful short sales it is possible to convince the lender to give up the right to pursuit a deficiency judgment against the homeowner.

 


Having a Hard Time Making Payments?

Making ends meet is getting harder and harder these days.  It seems that everything is going up except wages.  Unfortunately, too many people have been affected by today's economic environment and face the possiblity of losing their homes.  Wondering where to turn?  The numbers and email addresses below are useful resources for answers and guidance. 

 

• HUD at (800) 569-4287, (877) 483-1515, or www.hud.gov/offices/hsg/sfh/hcc/hccprof14.cfm http://portal.hud.gov/portal/page/portal/HUD/topics/avoiding_foreclosure


• HOPE NOW, a cooperative effort of HUD mortgage counselors and lenders to assist homeowners: (888) 995-HOPE or     
www.hopenow.com


• NeighborWorks America:
www.nw.org/network/home.asp


• Federal mortgage modification and refinancing programs:
www.makinghomeaffordable.gov


• The Controller of the Currency's consumer information site for banking-related questions:
www.helpwithmybank.gov


• OCC Customer Assistance Group:
www.occ.gov/customer.htm


• Federal Trade Commission:
www.ftc.gov/bcp/edu/pubs/consumer/homes/rea04.shtm


• Federal Reserve Board:
www.federalreserve.gov/pubs/foreclosurescamtips/default.htm 

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