ANSWERS: 1
  • A short sale means the borrower and bank agree to terminate the mortgage if the debtor sells the home and gives all to the bank. However, sometimes the sale price of a home is less than the balance on the mortgage, creating a deficiency.

    Types

    Short sale deficiencies come in two types: deficiency by judgment or payment without deficiency by judgment. Deficiency by judgment means the seller retains liability for the remaining balance on a mortgage after a short sale. Without a deficiency judgment, the debtor has no obligation other than to sell the home for as much as possible.

    Benefits

    Both types of short sale deficiencies nullify the loan, but a judgment can go on a credit record and affect future lines of credit.

    Significance

    With the 2007 housing crisis came a serious decline in home values, resulting in more short sale deficiencies. Short sale deficiencies were almost unheard of before that because prices climbed nearly every year.

    Considerations

    Even with a short sale without a judgment, the borrower has a different, but lesser liability: taxes. Banks send people a 1099 tax form for miscellaneous income for the amount of the deficiency.

    Tips

    No matter what type of short sale happens, the person with the mortgage may not receive a 1099 form and a deficiency judgment--only one or the other.

    Source:

    Bryan Ellis: Short Sale Deficiency Balances

    Simon Volkov: Short Sale in Real Estate May Save You from Foreclosure

    Real-Estate-Online: Do Homeowners Still Owe Money After a Foreclosure?

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