Many of my clients ask me why should I do a short sale vs. a foreclosure. Here are a few answers to those questions.
With a Short Sale you will lose between 125-150 points on your credit score.
With a Foreclosure you will lose 250 points in most cases.
With a Short Sale we have had an 85% success rate to have the banks waive the right to come after you for the difference of the what is owed, and what the bank receives otherwise known as a deficiency judgement.
With a Foreclosure 100% of the time they get a deficiency judgement that in many cases forces the customer into bankruptcy.
With a Short Sale the ability to get a new loan is hindered, but only for 2 years.
With a foreclosure it is going to be very tough to even get a new loan. Right now they say about 5 years minimum.
There are going to be a lot of changes to Fannie Mae or Freddie Mac in the near future as we have already seen. With a lot of people claiming bankruptcy and doing short sales I thought this chart was great information so you can educate your customers on what to expect in the future and the consequences a short sale or foreclosure may have on the ability to obtain a new loan in the future.
Bankruptcy and Foreclosure Policy Changes (applicable to manually underwritten loans only)
In U-Memo 08-29, we detailed changes to our requirements for borrowers with a prior foreclosure in their credit history. With this U-Memo, we are updating these requirements as well as establishing new requirements for bankruptcy and pre- foreclosure sales. We are updating the requirements regarding the time period that must elapse before borrowers can demonstrate that they have re-established their credit history following an occurrence of a bankruptcy or foreclosure. The following table outlines our current and new policies for manually underwritten loans:
|
Action |
Current Requirements |
New Requirements |
|
Bankruptcy (all except chapter 13) |
4 year time period from discharge date |
The 4 year time period is unchanged; however it is now applied from either the discharge or dismissal date of the bankruptcy action. |
|
Chapter 13 Bankruptcy |
2 year time period from discharge date |
The time period for Chapter 13 bankruptcy actions is measured as follows: |
|
Exceptions for extenuating circumstances-All Bankruptcy Actions |
2 year time period from discharge date. No exception to the 2 year time period for Chapter 13 bankruptcy actions. |
The 2 year time period will be measured from the bankruptcy discharge or dismissal date. No exceptions are permitted to the 2 year time period after a Chapter 13 discharge. |
|
Multiple Bankruptcy Filings |
No existing policy |
A 5 year time period date is now required from the most recent dismissal or discharge for borrowers with more than one bankruptcy filing within the past 7 years. |
|
Exceptions for extenuating circumstances-Multiple Bankruptcy Actions |
No existing policy |
A 3 year time period from the most recent discharge or dismissal date is required. |
|
Foreclosure |
We recently updated (in U-08-29) the time period from 4 to 5 years from the date that the foreclosure sale had been completed. |
Additional requirements now apply after 5 years up to 7 years following foreclosure completion date: |
|
Exceptions for Extenuating Circumstances-Foreclosure |
We recently updated (in U-08-29) the time period from 2 to 3 years from the date that the foreclosure sale had been completed. |
Additional requirements now apply after 3 years up to 5 years following foreclosure completion date: |
|
Deed-in-Lieu of Foreclosure |
4 year time period from completion date ( date deed-in-lieu was executed) |
This 4 year time period still applies. Now, the following additional requirements apply after 4 years up to 7 years following completion date: |
|
Exceptions for Extenuating Circumstances- Deed-in-Lieu of Foreclosure |
2 year time period from completion date |
This 2 year time period still applies. Now, the following additional requirements apply after 2 years up to 7 years following completion date: |
|
Time period After Pre-foreclosure Sale |
No Existing Policy |
2 year time period from completion date; no additional requirements. |
David Serle
Vice President/Managing Broker
RE/MAX Services
561-912-3500 Office
561-912-3502 Direct
561-756-3104 Mobile
