Short Sale

A short sale occurs when the proceeds of a real estate sale fall short of the balance owed on the property. In a short sale, the lender agrees to discount the loan balance due to an economic or financial hardship on the part of the mortgagor/borrower. This negotiation is all done through communication with a bank’s loss mitigation department. The home owner/debtor sells the mortgaged property for less than the outstanding balance of the loan, and turns over the proceeds of the sale to the lender, sometimes (but not always) in full satisfaction of the loan/debt. In such instances, the lender would have the right to approve or disapprove of a proposed sale. Most Short Sales leave a balance for which the Mortgagor / Borrower is still liable. In 99% of all cases it is not a settlement-in-full. This balance or deficiency will remain while the mortgage broker, real estate agent / broker, loan officers, title and closing agents retain their profit. No regulatory agency governs this hybrid transaction.

Extenuating circumstances influence whether or not banks will discount a loan balance. These circumstances are usually related to the current real estate market and the borrower’s financial situation.

A short sale typically is executed to prevent a home from going into foreclosure. Often a bank will allow a short sale if they believe that it will result in a smaller financial loss than foreclosing. For the home owner, advantages include avoidance of a foreclosure on their credit history and partial control of the monetary deficiency. A short sale is typically faster and less expensive than a foreclosure. In short, a short sale is nothing more than negotiating with the lien holder/lender a payoff for less than what they are owed, or rather a sale of a debt, generally on a piece of real estate, short of the full debt amount. It does not extinguish the remaining balance unless settlement is clearly indicated on the acceptance of offer.