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What you need to talk to your lawyer about when considering a short sale

shortsalesShort sale, it may be the most used word in real estate in 2009, but some times a real estate agent may not be enough and you may need to talk with a lawyer. A short sale is just one of the tools you can use when you are struggling with a mortgage.

I found an article over at RISMedia that talks about some things homeowners need to do so they are not taken advantage of during a short sale. It was good enough that I thought I should share it with you. You can read the whole article here.

Here is the articles list of the top 10 questions to talk over with your attorney when you are considering a short sale:

1. What is a better or more likely outcome for me and why?
– A short sale or a repayment plan?
– A short sale or a forbearance plan?
– A short sale or a loan modification?
– In the case of an FHA loan, a short sale or a partial claim?
– A short sale or a short sale/assumption agreement?
– A short sale or a deed-in-lieu of foreclosure?
– A short sale or a bankruptcy?
2. How do I know if my property and I may be considered for a short sale?
3. How would I initiate the short sale process?
4. Which process has a more adverse effect on my credit rating: short sale, foreclosure, bankruptcy, or deed-in-lieu of foreclosure?
5. What types of hardships would a lender generally consider favorable toward my appeal for short sale consideration?
6. On average, how long does a short sale process take?
7. What are the tax implications of a short sale?
8. If a lender agrees to the short sale option on my property, can the bank still proceed with a foreclosure?
9. Is there a real estate commission paid in a short sale? If so, who pays it?
10. When is a bankruptcy preferable to a short sale or to a foreclosure?

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