SHORT SALE vs. FORECLOSURE
Some would ask why not just allow the foreclosure to proceed and let
the home sell at auction. Some have even stated that the impact that a short sale has on your credit report
is as sever as a foreclosure. This is a matter of interpretation and circumstances. A foreclosure will
stay on your credit report for Seven
years. By law, a home
foreclosure can stay on your credit report for a period of up to what ever your state laws dictate for accounts
that were charged off or never paid. In states like New York the period would be Seven years.
The credit blemish will show up under the "Public Information"
section of your report, which lists any all legal judgments that have been made against
you including court-approved foreclosures.
One must keep in mind that the normal judgement will usually stay on
your credit report for 10 years.
A short sale will also have an effect on your credit
report depending on how the
lending institution reports the settlement to the major credit bureaus.
In some cases it has been negotiated that the lender report the account as settled
in full having little if no impact on your credit, making the short sale a far superior decision.
This I state with one caveat, for the lender to report this favorable option, it
must be negotiated in the Short Sale
settlement. If it is not clearly negotiated the lender may report the account adversely which will
have a negative effect on your credit report and have credit consequences.
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