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Foreclosures

Foreclosure vs. Short Sales

Which Is the Answer For You?

Are you financially overextended? Have you been finding it hard to pay all your monthly expenses on time? Do you have credit card debts or medical bills that have become overwhelming? Have you been unable to keep up with your monthly mortgage payments? Are you unable to sell your house for enough money to pay off your mortgage? Have you received a notice of default or complaint for foreclosure?Condos

If you answered yes to any of these questions, then you probably are or soon will be facing foreclosure. But home foreclosure is not your only option. And probably not the best option. A short sale will still allow you to get out of your mortgage and have a less negative impact on your credit.

To learn more about how we can help you negotiate a short sale instead of allowing your house to be foreclosed upon, schedule a free initial consultation with one of our attorneys by contacting us online or calling 866-446-6298.

Why a Short Sale is Better Than Foreclosure

Foreclosure is a last resort. It is true that you will be able to stay in the house for an extended period of time until the property goes to Sheriff Sale. You must continue to pay all your utilities to maintain your heat and electric and eventually you will get notice of the Sale. At that time you will be Ordered to vacate the property and your credit report will preclude you from obtaining another mortgage in the foreseeable future. Some homeowners wonder if foreclosure is a good option, because they can live in the property without making mortgage payments until the house is taken back by the lender. In the short term, it seems like a good idea to them. In reality, it is the worst thing they can do to their credit and their ability to buy a house in the future.

Finally, foreclosure does not preclude the lender from pursuing a deficiency judgment against the homeowner after the house is sold or taken back by the lender at the Sheriff Sale. New Jersey is a "recourse State" and the lender has the option to sue the homeowner for the balance of the loan after the house is sold at Sheriff Sale.

Instead of waiting to be evicted from your own house, you can negotiate a short sale of your house. Advantages of a short sale include:

  • Less negative impact on your credit score than a foreclosure because you can rebuild your credit more quickly following a short sale.
  • Banks and lenders usually prefer short sales to foreclosure as they save sheriff fees, attorney fees, maintenance fees on the property and prevent the banks from having to worry about vandalism to the vacant home.

Our Approach

In the last 30 years we have completed thousands of real estate and short sale transactions. We have built strong relationships with mortgage lenders, title insurance companies, realtors, surveyors and appraisers. Our connections and experience enable us to efficiently and effectively negotiate a short sale for you. Call 866-446-6298 or contact us online to talk to one of our lawyers about a short sale today.

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Office Location

Sommer & Engelhart, Attorneys at Law
230 Passiac Avenue
Fairfield, NJ 07004
Phone: 973-559-5984
Toll Free: 866-446-6298
Fax: 973-276-6116
Map and Directions

Great Place Meadows, Fairfield, Essex County Airport, Passaic Ave 46 - Map