Short Sale vs Foreclosure

Issue

Foreclosure

Successful Short Sale

Future Fannie
Mae Loan-Primary Residence1
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 after only 2 years.
Future Fannie Mae Loan-Non-Primary2
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.
Future Loan with any
Mortgage Company
On any future application, a prospective borrower will have to
answer YES to question C in Section VII of the standard 1003 form 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 is no similar declaration or question regarding a short sale.
Credit Score Score may be lowered anywhere
from250 to more than 300 points. Typically will affect a credit score for over 3 years.
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. A short sale’s effect can be as brief as 12 to 18 months.
Credit History Foreclosure will remain as a public
record permanently, and on a person’s credit history for10 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’.
Security Clearance 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.
On its own, a short sale does not challenge most security clearances.3
Current Employment 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.
A short sale is not reported on a credit report and is therefore not a challenge to employment.4
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.5
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 pursue a deficiency judgment against the homeowner.
Deficiency Judgment(amount) In a foreclosure, the home will have to go through an REO process if it does not sell at auction. In most cases this will result in a lower sales price and longer time to sell in a declining market. This will result in a higher possible deficiency judgment. In a property managed short sale, the home is sold at a price that should be close to market value, and in almost all cases will be better than an REO sale resulting in a lower deficiency.

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.