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Reasons Not To Do a Florida Short Sale

Back To Foreclosure Defense Video Help Page

Back To Foreclosure Defense Video Help Page

The above video explains the basics of a Florida short sale and why this process can sometimes be helpful to people facing home foreclosure. But that does not mean it is always the right decision. Here are several reasons that you might want to think twice about short selling your home.

You can still owe the lender. This is mentioned in the video, but it is important enough to repeat and explain a bit more. Just because the bank approves a short sale, it does not guarantee that you will be released from liability. An experienced foreclosure defense attorney will tell you to stay away from a short sale if you cannot obtain waiver of deficiency or release from liability from the bank prior to completing a short sale.

The waiver or release should be obtained before completing the short sale because while you have the property, you have leverage. Once you give up ownership of the property, your leverage is gone forever – you are at the mercy of the bank.

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A short sale will still hurt your credit. Most people know that having their house foreclosed on can be a credit nightmare. A typical foreclosure will stay on your credit report for up to seven years and may damage your score by several hundred points, depending on your past credit history and how you handle other current debts.

Fewer people are aware that a short sale – and even a deed-in-lieu – will also have negative consequences to a person’s credit rating. This does not mean that you should not pursue these channels, but you should not make the decision to short sell your home without being completely informed and understanding what you are getting into.

Unlike a foreclosure, there is no “soft landing” with a short sale. How does a foreclosure give you a soft landing? In the state of Florida, foreclosure takes a long time. The processing period alone is 135 days and many people end up living in their homes for years while they are being foreclosed upon. Moreover, you will not make payments on your house during the foreclosure process. This gives you time to save up money and prepare for your future.

While a short sale may take months instead of years, it requires a great deal of work to negotiate with lenders and real estate agents and to keep the house clean and always ready to show to prospective buyers. And whether the transaction takes months or years, you will continue to make payments until it is done. You may even owe taxes on forgiven debt once the house is sold.

Before you consider short selling your home, you should at least examine all of your options and the possible consequences of a short sale. There is no substitute for speaking with an experienced Orlando foreclosure attorney to fully understand the potential risks and benefits of short selling as it relates to your situation.

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The Orlando divorce lawyers at TK Law are deeply committed to the individuals and families they serve. We are here to help you resolve each legal concern so you can regain control and move forward with your life. You will also have a steadfast, accomplished advocate in your corner to fight for what matters most if a dispute goes to trial.

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On August 7, 2020, I was fortunate TK Law Firm was suggested as the first option for Divorce and Family Law. I was blessed to be represented by Ms. Janelise Gastell and TK Law Firm Support Staff. Ms. Gastell has the qualities and standards of integrity, ethics and loyalty. Ms. Gastell's dedication and determination resulted in positive results. Ms. Gastell challenged me to put in the same amount of effort. The end result was the divorce being finalized on September 4, 2020. Four years later, the money spent was an outstanding investment. The financial investment was an integral part of moving forward in my life. This included my well being mentally, physically, emotionally and spiritually. If potential clients are searching for excellent Divorce and Family legal representation. My recommendation would be Attorney Janelise Gastell. Thank You.
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My wife and I finally took the steps to start the estate planning process as we are not getting any younger and we didn't want to leave a mess for our daughter to have to clean up. We have witnessed this far too many times of the last few years, as relatives have passed away only to watch the circus play out afterward. TK Law provided a wonderful experience from start to finish. Everyone at the office that I had the pleasure of working with was extremely professional and got back to me in a timely manner with any questions that I had. My wife and I really appreciate all the hard work and are very thankful to get all our estate planning needs met. We now have the peace of mind that we have done all that we can to minimize any issues after we pass.
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