Glossary

Short Sale

Short Sale

This happens when a home is sold for less money than the owner still owes on their mortgage. The bank must agree to take the lower amount and forgive the rest of the debt. It is a way for a homeowner to avoid a full foreclosure.

Origin

The term comes from the real estate and finance industry. It describes the fact that the sale price falls short of the total loan balance.

How you'll see it used

  • Your real estate agent warns you that the house you want to buy is a short sale, meaning you might have to wait three months for the bank to approve your offer.
  • You hire a real estate attorney to help negotiate a short sale with your lender so you can move out without facing a full foreclosure on your credit report.
  • A title search reveals that the property is going through a short sale, and the current owner needs their bank to sign off on the final price before closing.

What is a short sale?

A short sale happens when you sell your house for less money than you still owe on your loan. The bank or lender must agree to accept this lower amount and forgive the rest of your debt. The term comes from the real estate and finance industry. It just means the final sale price falls short of your total loan balance.

Homeowners usually ask for a short sale when they face a major financial hardship. This could be a job loss, a divorce, or a medical emergency. If your home value has dropped, you might be underwater on your loan. A short sale is a legal way to settle the debt and avoid a full foreclosure.

Why it matters to you

Whether you are buying or selling, a short sale impacts your life in big ways. If you are the seller, this process offers a lifeline. It still hurts your credit score. Your score might drop 100 to 200 points. But it's much less damaging than a foreclosure, which stays on your record for seven years. You get to walk away from a property you can no longer afford without the bank seizing it.

If you are looking into buying a home, a short sale can look like a fantastic bargain. You might find a house priced 10 to 20 percent below normal market value. However, you must bring a lot of patience. The bank holds all the power and moves at its own slow pace.

How the process works

The timeline for a short sale is completely different from a standard real estate transaction. The homeowner must first prove they cannot pay their mortgages. You do this by sending the lender a hardship letter. You must also send months of bank statements, tax returns, and pay stubs.

Once the bank agrees to consider a short sale, you list the house on the market. When a buyer finally makes an offer, the seller signs it. But the deal isn't done. The bank must review the offer and approve the specific price. This bank approval step often takes 60 to 120 days. Sometimes it stretches out for six months. The buyer has to sit and wait. Many buyers get tired of waiting and walk away before the bank ever says yes.

Rules and traps to watch for

There are strict rules and hidden traps in a short sale. If you buy one of these properties, you buy it exactly as it sits. The seller has no money to make repairs. The bank won't pay to fix a broken furnace or a leaky roof. Before you close the deal, you should always expect to handle:

  • Paying for your own thorough home inspections.
  • Covering the cost of all future updates and repairs.
  • Dealing with overgrown landscaping or trash left behind.
  • Replacing missing appliances that the previous owner might have sold.
  • Clearing out any unpaid utility bills attached to the property.
Keep your expectations grounded: Banks reject short sale offers all the time. If the bank thinks they can make more money by foreclosing on the house, they will deny the buyer's offer and take the property.

Costs and tax surprises

Selling a home normally puts cash in your pocket, but a short sale is different. If you're the seller, you won't make a single penny of profit from the sale. All the money goes directly to the lender. You might also need to hire a real estate attorney to help you negotiate with the bank. Legal fees for a short sale usually cost 1,500 to 3,000 dollars, though local rates vary.

There is another big catch to watch out for. The IRS sometimes counts the forgiven loan amount as regular income. This is known as cancellation of debt income. If the bank forgives 50,000 dollars of your debt, you might owe thousands of dollars in federal taxes on that phantom money. There are federal exceptions that can protect you, but the rules are complicated. You should always talk to a tax professional before you sign the final papers. For more details on handling your money, check out our guide to property taxes and home finances.

Frequently asked

Can I make money if I sell my house in a short sale?

No, you won't make any profit. All the money from the sale goes directly to your lender to pay off as much of your mortgage as possible.

Do I have to pay taxes on the debt the bank forgives?

You might have to. The IRS often considers forgiven debt as taxable income, so you should consult a tax professional to see if you qualify for any exemptions.

Why does a short sale take so long for a buyer?

The seller's bank must review the buyer's offer to decide if they will accept the financial loss. This extra layer of corporate approval often adds months to the normal closing timeline.

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