Legal Question in Real Estate Law in California

Ex boyfriend and I own a house 50-50. We need to shortsale as we no longer together. Will we qualify for short sale if we both make enough money but the property is still under water?how long is the process of short sale and can that lead to foreclosure?What is the tax implication of short sale if property is still "under water"? Is the tax forgivness same for foreclosures? Thanks so much.


Asked on 1/20/13, 6:51 pm

1 Answer from Attorneys

Fair Issacs, the company that owns the proprietary mathematical formulae that all the credit reporting agencies use to calculate credit scores, has gone on record in the Washington Post saying that short sales and foreclosures are calculated essentially exactly the same for credit purposes. In other words there is NO reason that benefits the property owner for going to all the trouble of a short sale rather than just going though a "strategic default." All it does is get more money for the lender in most cases, and line the pockets of realtors, while putting the owner through all the trouble of a real estate sale for nothing. The tax forgiveness is actually clearer than for a short sale.

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Answered on 1/21/13, 11:02 am


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