Short Sale As a Solution to a Mortgage Debt

Short Sale As a Solution to a Mortgage Debt

In a declining housing market, the value of a home sometimes falls below what is owed on it. When you can no longer pay the amount owed, you have several options. You can try to hand over your deed to your first mortgage holder. But they might not accept it, since they'd still be on the hook for legal fees, taxes as well as your second mortgage. Or you may just let the house fall into foreclosure. But that should only be a last-ditch approach because it hurts your credit rating. And it may not solve your financial problems either, since you may be held liable for any difference between what you owe and what the house brings at auction.

Another alternative is a short sale — that is, a sale in which the proceeds fall short of what you owe. It can be a win-win situation for you, the lenders and the buyer (often an investor) of your house. But since you're asking lenders to accept less money than you promised to pay them, there's no guarantee that they'll go along with such a sale. And preparing for it will take considerable work on your part.

First, you must prove that you really can't pay your loans — and that the reason is new, not something that you concealed from your lenders when you originally applied for the loan.

Then you or someone else, like a real-estate agent, must find a buyer willing to purchase your house at market value. Market value can be determined through a formal appraisal (your lender may insist on one) or by an agent's comparative market analysis.