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Monday, November 5, 2012

We Are Getting Divorced. Can't Afford Home. What Should I Do? do We Qualify for A Short Sale?

Foreclosure Help, Stop Foreclosure, Help with Foreclosure, NOD, Stop the Foreclosure Auction, Short Sale Help, Loan Modification Help, Ventura County CA – “My spouse and I are getting a divorce. Unfortunately neither of us can afford the house on our own.

So, we have to get rid of it one way or another. The big problem is that the house has dropped in value since we bought it. I think it is worth around $400,000 and we owe about $600,000.

I am curious about what options we have. What do you think we should do? Katie."

Click here to discover how other sellers successfully did a short sale and avoided foreclosure.

Here was our recommendation. In this case I would recommend you sell the house. Here are three options that you have.

Option #1: Let your lender foreclose on the home. You just stop making the payments and surrender the home to your lender.

Option #2: Rent the property. This is a good way to earn some extra money.
However, if you are upside down, then it is more than likely that the rent will not cover the mortgage. That means someone will have to write a check each month covering the loss.

Option #3: Short Sale the house and get the debt wiped out. A short sale offers the following benefits over a foreclosure.

You are eligible for another loan within 3 years after a short sale and sometimes even sooner than that. However, if your lender forecloses on the home, then current Fannie Mae Guidelines require you to wait 5-7 years before you can buy another home with a Fannie Mae Loan.

Most other banks and lenders have the same or even stricter guidelines. Any future loan application will require you to answer the question, "Have you had a property foreclosed upon or given title or deed in lieu thereof in the last 7 years?"

If your lender forecloses on your home, then an you'll have to answer "yes" to that question. If you short sell the house, then you can state “No” because you short sold your home.

With a foreclosure your score is typically lowered by 250 to 300 points, or even more. This often stays on your credit score for over 3 years.

If you short sell your home, then only late payments show up on your credit. After a short sale, the mortgage is normally reported as "paid in full, settled."

This lowers your score as little as 50 points if all other payments are being made. Oftentimes, this is off your credit report in as little as 12 months.

If your lender forecloses on your home, you may end up having to repay them for the money they lost. A foreclosure can take 12-18 months to process.

This dramatically increases the loss and makes any deficiency judgment potentially bigger. Contrast this with a short sale.

Few lenders ask for a promissory note on a short sale. As an example, on one short sale, the bank lost over $120,000. They settled with the seller for $25,000 to be repaid over 15 years with zero interest.
The seller's monthly payment was only $138,89. You can often even negotiate and have the promissory note waived. Most lenders also have a policy that the upside down debt is erased on a short sale.

It doesn't happen every time. So check your options before you start the process. Thinking about a short sale?

I can help you short sale your property and get back on your feet. Send me an e-mail at I will contact you for a free consultation.

When we talk, I will explain how the process works in detail and answer any questions you may have. Or, if you prefer, you can call me at 805-208-0823

Discover how other sellers successfully completed a short sale and request a free consultation by clicking here.

Thinking about a loan modification? Our Ventura County loan modification kit has the instructions you will need to get a loan modification approved with your bank. Click here to request a copy.

Thanks for reading this,

 Chris B Johnson, Realtor
Chris is a Real Estate Agent at Prudential California Realty.
Phone: 805-208-0823.
Certified HAFA Specialist, Certified Short Sale Specialist, Certified Distressed Property Expert

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 Always check with a good real estate attorney to find out the laws in your state. There are also legal aid non profits that can give you advice on what to do to stop a garnishment or bank account seizure. You should also look at California SB458. With the passage of SB458, the Expanded Anti-Deficiency Law May Have Unintended Consequences on Ventura County Short Sales. So Please read

For Disclosure, and more information on Mortgage Assistance Relief Services, please see Code 16 of Federal Regulations (FTC), Part 322, or , and always consult your CPA, Accountant, Financial Advisor and Attorney before you any financial or legal decisions. Also see

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Loan Mod vs Short Sale Click here.

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