We are often asked by short salesellers whether or not they should continue paying their mortgage payment
while they attempt to short sell their home.
Here is the quick answer. Yes, if you care about your credit rating. No, if you don’t
care about your credit.
However, many people think that in
order to be eligible for a short sale you must stop paying your lender. That
is not true. Many lenders will approve a short sale, even if you are
current on your payments.
They will consider a short sale
based on another hardship, such as a job transfer, job loss, or if you foresee
that you won’t be able to make the payments in the near future.
Should you stop making your
payments? I am not a lawyer, and therefore cannot give legal advice. I can only
tell you my opinion. It all comes down to what is most important to you.
If reducing damage to your credit
rating is important, then continue paying for as long as possible. Continue
paying your lender until the sale closes.
Halfway into the short sale
negotiations, the lender may tell you that they will not process the short sale
until you are late on the payments. At that point you can make the decision to
continue or stop making payments.
There are some reasons to stop
paying your lender during a short sale.
1. You are tight on money. Yes, you will suffer additional credit damage. But, the
benefit of using that money for other bills may outweigh the credit damage.
2. You are concerned about a
deficiency judgment or promissory note.
Many lenders will ask you for a promissory note if they think you have the
extra money.
If you want to reduce that
likelihood, then you can decide to stop paying. That decision comes with all
the side effects such as credit damage and other problems.
Many people also say that is
unethical. (I am not going to comment on that. One could make the argument both
ways. Every person has to decide what is best for them and make their own
personal choices.)
Disadvantages of not paying your
mortgage.
1. Credit Damage. You will suffer more damage to your credit. That credit
damage should go away in 2-3 years.
In addition, some people use a
dispute strategy to get the derogatory marks removed much faster. Some get them
removed in 6 months.
The point of this article is that
contrary to public opinion, you do not have to stop paying your lender in order
to short sale your home.
You can minimize the credit damage
by continuing to pay until the short sale closes. Thinking about a shortsale?

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