Palm Beach County Florida has a huge number of short sales. What exactly is a short sale?

A short sale is when a bank agrees to accept less than the total amount owed on a mortgage to avoid having to foreclose on the property. This is not a new practice; banks have been doing short sales for years. Only recently, due to the current state of the housing market and economy, has this process become a part of the public consciousness.
To be eligible for a Florida short sale you first have to qualify!
To qualify for a short sale:
- Your house must be worth less than you owe on it.
- You must be able to prove that you are the victim of a true financial hardship, such as a decrease in wages, job loss, or medical condition that has altered your ability to make the same income as when the loan was originated. Divorce, estate situations, etc… also qualify. There are some exceptions to hardship now, but for the most part the bank or investor will need to verify some type of hardship.
Now that you have a basic understanding of what a short sale is, there are some huge misconceptions when it comes to a short sale vs. a foreclosure. We take the most common myths surrounding both short sales and foreclosures and give a brief explanation. LET’S BUST SOME MYTHS!!
1.) If you let your home go to foreclosure you are done with the situation and you can walk away with a clean slate. The reality is that this couldn’t be any farther from the truth in most situations. You could end up with an IRS tax liability and still owing the bank money. Let me explain. Please keep in mind that if your property does go into foreclosure you may be liable for the difference of what is owed on the property versus what is sells for at auction, in the form of a deficiency balance! Please note this is state specific and in most states you will be liable for the shortfall, but in some states the bank may not always be able to pursue the debt. Check your state law as it varies widely from state to state.
Here is an example of how a deficiency balance works:
If you owe $200,000 on the property and it sells at auction for $150,000, you could be liable for the $50,000 difference if your state law allows it.
Not only could you be liable for the difference to the bank, but in some situations you could also be liable to the IRS! Although there are exemptions (mostly for principal residences) under the Mortgage Debt Forgiveness Act, there are times when you could be taxed on both a short sale and a foreclosure, even in a principal residence situation. Since the tax code on this is a little complicated and I am not a CPA, I advise always talking to a CPA when in this situation as you are weighing your options. Banks and the IRS can go as far as attaching your wages. Not to mention if you let your home go to foreclosure you will have that on your credit, as well.
Guess What? A short sale can alleviate your liability to the bank, in most situations. There are also exceptions to this, but in most cases banks are releasing homeowners from the deficiency balance on a short sale.
Short sale myth #2 coming soon.
**Rodney Forbes is a Realtor® and registered broker with Forbes Realty of South Florida, based in West Palm Beach Florida. Rodney and his team work in Palm Beach, Broward, Martin and St. Lucie Counties. As a recognized expert on short sales, Rodney has been featured on radio and national web conferences for agents. Rodney has also authored the book “Should I Short Sale My Home?”
Forbes Realty of South Florida also specializes in REO asset disposition. Rodney works with several banks and asset managers in the Palm Beach County area. Rodney is the main author for the popular real estate blog South Florida Real Estate Report. You can find a wealth of information regarding bank foreclosures, short sales, real estate news and local real estate trends.
For more information, please call Rodney at 561-337-4810 or email Rodney@ForbesRealtyOnline.com
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Many homeowners dealing with a foreclosure still are not educated on what the qualifications for a short sale. A number of these homeowners think the process is too challenging, time consuming and much more, that they are not qualified. Contrary to these however, the requirements or qualifications are easy to meet and are generally the situations that put homeowners near a foreclosure in the first place. While this is meant to be a general guide to the requirements for most financial institutions, and it is important to note that requirements have become more flexible in recent times.
A short sale may likewise be backed by a government program called Home Affordable Foreclosure Alternatives or HAFA. It is under the bigger program called Making Home Affordable Program initiated by President Obama. As opposed to short sale alternative from a private lender, HAFA offers several benefits such as lenders receiving 6% on the loan balance or a maximum of $ 6,000 and sellers or homeowners receiving a relocation assistance of up to $ 3,000 which will be put on escrow until the sale is closed.
Separated from these requirements, a homeowner or seller must also be denied by the Home Affordable Modification Program or HAMP which covers loan modifications. Therefore, a homeowner should have first applied for a loan modification under the HAMP. Requirements for HAMP are the same with HAFA but with the addition of: mortgage payments should not exceed 31% of homeowner’s monthly income.
Do you want to avoid foreclosure on your home? You should consider short selling your property. A short sale refers to the procedure of a lender accepting a discount or a lowered price on a mortgage of a home.
Another case where your debt may also be wiped away is if you have gone bankrupt. This sort of exemption from income unlimited, as you can exclude any amount of debt discharged if you filed for bankruptcy. While the court will offer you a discharge on any of your debts, you will be managed by the bankruptcy court.
Notwithstanding, it is always encouraged that you contact a Short Sale Specialist Realtor to handle your short sale for you. Although some Realtors claim to know all there is about short sales; one short sale hardly classifies as experienced. You need agents who are thoroughly experienced and have developed the perfect knowledge and skill to take on a short sale. Our Short Sale Specialists are those types of agents. After all, it’s what they specialize in! Contact us and let us make sure your short sale goes smooth and steady!
To both buyers and sellers, the steps to a short sale may appear unclear and convoluted. Buyers may be frustrated with the long short sale approval process, while sellers may find that their lack of knowledge surrounding real estate short sales stressful and concerning as they ponder the financial and legal consequences of the process.
There are three basic requirements that must be met for a bank or mortgage lender to grant a short sale: the seller must demonstrate hardship, the seller must prove that the fair market value of the home is less than that of the mortgage, and the seller must demonstrate that they are unable to meet their debt obligations. In order to prove the latter, the homeowner will need to prepare a short sale package for submission to their lender.
You’ll sign a listing agreement with your short sale realtor, though it will be subject to short sale approval from your lender. Your realtor will then put your home on the market and solicit buyer offers as they would with a regular listing.
The buyer will deliver the funds, the seller will deliver the deed, and the lender will release their lien on the property. Depending on the short sale agreement negotiated by your short sale negotiator/short sale realtor, you may now be free of your debt obligation. Alternatively, it is possible that you didn’t qualify for debt forgiveness and you will still be personally liable for the deficiency between the proceeds of sale and your initial debt.
For both buyers and sellers, the steps to a short sale may seem blurry and complicated. Buyers may get discouraged with the long short sale approval process, while sellers may find that their lack of knowledge surrounding real estate short sales stressful and concerning as they ponder the financial and legal consequences of the process.
Each lender may have different submission requirements, but they are generally looking for proof that the homeowner is unable to honor their debt. It is important to seek the assistance of an experienced short sale realtor in preparing your short sale package, but the basic contents of your short sale package will likely consist of the following:
The buyer will deliver the funds, the seller will deliver the deed, and the lender will release their lien on the property. Depending on the short sale agreement negotiated by your short sale negotiator/short sale realtor, you may now be free of your debt obligation. Alternatively, it is possible that you didn’t qualify for debt forgiveness and you will still be personally liable for the deficiency between the proceeds of sale and your initial debt.
In conclusion, these are the five methods to avoiding a foreclosure. Every choice presented here has its own ups and downs. And the best way to sort these out and choose the best option is for the homeowner to consider his situation/overall financial standing and see which of these five ways to avoiding foreclosure meets his needs most.


Getting fired from your job usually means getting cut from the main source of income, and one of the first things to be sidelined when this occurs are mortgage payments. Paying for a house to live in might appear to be a little costly especially if you can just opt to rent an apartment. While it is easier to just walk away from your monthly mortgage payments and let the bank take your home, you might want to contemplate a short sale. So, what is the difference in the benefits of a short sale VS a foreclosure?
A short sale home specialist defines a short-sale as the lesser of the two evils. If you are concerned on how to Short Sale a home, then the first thing you need to be aware of is it allows you a lot of options that foreclosure doesn’t give you, such as:
While the short sale process is known for its lengthy timing and paperwork, but it is also known for assisting homeowners dodging foreclosure. Homeowners will generally ask if they can do their own short sale or if they have to do the short sale alone. The answer is that yes, you can do your own short sale and no, you do not have to do it alone. The short sale process takes patience and determination, without the two the results could be horrible.
Let’s be honest, some short sale sellers are finding it challenging to sell a home as a short sale. Short sales can be a long complicating process if you lack the right professional and not handled carefully. Short sales that are cared for by inexperienced Realtors can typically end up as foreclosures, which is an even more devastating moment for the homeowner who has already gone through a hardship and hoped a short sale could be their answer.
