
The number one reason that we advocate pursuing a short sale vs. a foreclosure, is that a foreclosure will prevent you from obtaining a mortgage for a minimum of five to seven years, in addition to extensive damage to your credit, whereas a short sale will have far less impact on your credit in that most borrowers will be able to obtain a mortgage after two years of conducting a short sale. Also, the deficiency (or tax consequences) in the event of foreclosure, if is collectable, will be significantly higher than in a short sale (since properties sell at extremely discounted prices at foreclosure auctions).
The second reason that we advocate short sales is that promissory notes and deficiency judgments before and after the sale are, for the most part, negotiable. In many cases, the deficiency owed can be negotiated to a percentage (ie. 10% of a Bank of America HELOC loan) or sometimes completely waived. The lender may forgive the balance in exchange for a small pay-off or an affordable payment arrangement with the borrower. This largely depends on lender policy and type of loan. Sometimes, it is even possible to have the buyer pay the difference!

It is rare for the lender to actually pursue the deficiency and therefore the unsecured note will most likely be replaced with a 1099 issued by the IRS for the taxes owed on the sale. You will want to explore the Mortgage Forgiveness Debt Relief Act of 2007, which exempts your primary residence, to verify whether you are exempt from this tax.
To initiate a short sale, your property must be for sale and listed with a Realtor. Once you receive an offer a short sale package should be submitted to your lender for review. Negotiations will take place in efforts to get your property sold, and most importantly, to get them to relieve you of any and all deficiencies.
Before a foreclosure process starts,
CALL US TODAY: 203-324-4680 or fill out our Short Sale Form and we will contact you.