Foreclosure & Short Sale
What's the difference between a short sale and foreclosure?
Short answer
A short sale is a negotiated sale at less than the mortgage owed, with lender approval. Foreclosure is the lender taking the property and selling at auction. Short sale almost always produces better outcomes for credit, taxes, and dignity.
Short sale: You sell the home for less than you owe on the mortgage, with the lender's written approval to accept the proceeds as satisfaction (or as partial satisfaction if they reserve deficiency rights). You control the listing, the price, and to a degree the timing. The hit to your credit is real but smaller than a foreclosure — typically 60-100 points and the negative entry can be removed faster.
Foreclosure: The lender takes the home, sells it at a trustee's auction, and reports the foreclosure to credit bureaus. The credit hit is larger (typically 150-200+ points), more durable (7+ years on report), and Fannie/Freddie waiting periods to qualify for a new conventional mortgage are usually longer after foreclosure than after a short sale.
There are tax differences too. The Mortgage Forgiveness Debt Relief Act has had off-and-on extensions; whether forgiven debt is taxable income depends on the year and circumstances. A CPA review matters here.
For most families I work with, short sale is significantly better than foreclosure on every dimension — credit, future loan qualification, control, and emotional outcome. The only catch: the lender has to agree, and that requires a documented hardship package.
I want to give you a complete answer, but I need to know your specifics. Reach me at (510) 504-0402, text or call 24/7 at (406) 205-9003, or email roger@grubb.net. I answer my own phone.
Related questions
Foreclosure & Short Sale
I just got a Notice of Default. How much time do I have?
Foreclosure & Short Sale
Will a short sale destroy my credit?
Foreclosure & Short Sale
Can the bank still come after me for the deficiency after a short sale?
Foreclosure & Short Sale
I'm 60 days behind on my mortgage. Should I list now or wait?