Short Sale vs Foreclosure
Why Walking Away is not the Answer
Recently, there have been reports claiming that a "strategic default" can be an appropriate and even beneficial reaction to an upside-down mortgage or impending foreclosure. While this idea has spread rapidly, the truth is that a default is never an easy road to choose, and rarely is it ever strategic. In fact, defaulting on your mortgage can be incredibly dangerous and irresponsible when handling the financial future of you and your family. Unfortunately, the ramifications of a "strategic default" are rarely-if ever-explained, leaving many homeowners stranded on an island of misinformation.
If this is your situation, first understand that you are not alone. Millions of homeowners nationwide are in similar circumstances. The only difference between them and you is that you're looking for answers ... and this report is a great start!
| Issues | Successful Short Sale | Foreclosure |
| Future Fannie Mae Loan- Primary Residence 1 | A homeowner who successfully negotiates and closes a short sale will be eligible for a Fannie Mae- backed mortgage after only 2 years. |
A homeowner who loses a home to foreclosure is ineligible for a Fannie Mae-backed mortgage for a period of 5 years. |
| Future Fannie Mae Loan- Non-Primary2 | There is no similar declaration or question regarding a short sale. |
An investor who allows a property to go to foreclosure is inelligible for a Fannie Mae-backed investment mortgage for a period of 7 years. |
| Credit Score | Only late payments on a mortgage will show, and after sale, mortgage is normally reported as 'paid as agreed', 'paid as negotiated', or 'settled'. This can lower the score as little as 50 points if all of the other payments are being made. A shore sale's effect can be as brief as 12 to 18 months. | Score may be lowered anywhere from 250 to more than 300 points. Typically will affect a credit score for over 3 years. |
| Credit History | 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'. | Foreclosure will remian as a public record permanently, and on a person's credit history for 10 years or more. |
| Security Clearance | On its own, a short sale does not challenge most security clearances. |
Foreclosure is the most challenging issue against a security clearance outside a serious misdemeanor or felony conviction. 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. |
| Current Employment | A short sale is not reported on a credit report and therefore not a challenge to employment.4 |
Employers have the right and are actively checking the credit of all employees who are in sensitive positions. In many cases, a foreclosure is reason for immediate reassignment or termination. |
| Future Employment | A short sale is not reported on a credit report and is therefore not a challenge to future employment.5 |
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. |
| Deficiency Judgement (Not Applicable in California) |
In some successful short sales, it is possible to convince the lender to give up the right to pursue a deficiency judgement against the homeowner. |
In 100% of foreclosures (except in those states where there is no deficiency), the bank has the right to pursue a deficiency judgement. |
| Deficiency Judgement (amount) | In a properly managed short sale, the home is sold at a price that should be clost to market value, and in almost all cases will be better than an REO sale resulting in a lower deficiency. |
In a foreclosure, the home will have to go through an REO process it it does not sell at auction. In most cases this will result in a lower sales price and longer time to sale in a declining market. This will result in a higher possible deificiency judgement. |
1 Fannie Mae Announcement 08-16: Michael A. Quinn, Senior Vice President, Single- Family Risk Officer 2 Fannie Mae Announcement 08-16: Michael A. Quinn, Senior Vice President, Single- Family Risk Officer 3 Short Sales are currently not explicitly reported on a credit report. 4 Short Sales are currently not explicitly reported on a credit report. 5 Short Sales are currently not explicitly reported on a credit report. |
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