Legal Question in Real Estate Law in Florida

Real Estate Short Sale in Florida

I am currently trying to sell my home, but I have run into the problem where my house is worth less that what I owe on the mortgage. I recently heard about possible doing a short sale, but I don't know much about it. How does it work? How will it affect my credit over time and will I ever be able to purchase another home? Lastly, I am still going to come up short with having to pay the real estate commission fees and closing costs....is this something that could factor into the short sale agreement with my mortgage company? Thank you for your help!


Asked on 9/14/07, 2:55 pm

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Real Estate Short Sale in Florida

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Lenders do not often accept a short sale agreement. You can discuss this with yours, but it is entirely the choice of the lender whether or not to agree to the sale at a price for an amount which is less than what is necessary to pay off your mortgage.

As part of your discussions, you will need to talk with the lender as to how they will report the transaction to the credit bureaus. It may seriously affect your credit score if they give negative information. You probably already have negative information if you are late with your payments which is a normal requirement before a lender will consider any possibility of a short sale. Costs of the transaction may or not be allowed to be factored in according to the lender's choice.

Scott R. Jay, Esq.

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Answered on 9/15/07, 2:05 am


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