What does the Magic 8 Ball say when you ask it if you can sell a house for LESS than you owe? Well... it will say "MAYBE". Of course, as you can probably imagine, selling for less than a person owes on a property is not a simple task. If you are wondering about this, then you probably understand why a lender wouldn't be too thrilled at the prospect of getting less money than they have into the property.
By the way, selling a property, and getting the lender(s) to accept LESS than you owe is called a SHORT SALE.
So, why is the answer "maybe" and not Yes or No? Well, because MAYBE the lender(s) will be willing to accept a reduced amount when you sell. Why would they agree to that? They might agree if you, as the owner of the property, can prove a "hardship" that is so bad, the lender will be willing to settle for less than the current loan amount.
Many people do short sales when they can no longer afford to make their mortgage payments and don't want to face foreclosure. They may have purchased the home within the last few years, when the market was hot and prices were higher and, most of the time, they got an adjustable rate mortgage (ARM). Now, a couple years later, the ARM has "adjusted" and the payment went up... sometimes way up! Or, the homeowner has refinanced a time or two and the combined loan amounts are now higher than the value of the home. The bottom line is that the owner can no longer afford the payment(s).
Unfortunately, because real estate prices have come down, the property can't be sold for enough money to pay off the loan(s), so the homeowner is stuck between a rock and a hard place. They don't want to go through a foreclosure and have their credit ruined, too, but they still can't afford the payment(s). Introducing the SHORT SALE.
As I mentioned above, this is not an easy process. You must have a legitimate hardship. Maybe you've experienced major medical problems, a divorce, a job loss, maybe a death in the family, or major financial problems; there are many situations that may qualify as a hardship.
In addition, if the lender(s) do accept your hardship and allow you to do a short sale, there can be tax consequences. Of course, everyone's financial situation is different, so I would strongly advise you to consult with your CPA, attorney and/or tax adviser.
Typically, when someone does a short sale and the lender(s) accept less than is owed, that's considered "debt relief" (the difference between the loan amount and what the home sells for, plus selling expenses) and the seller will probably receive a 1099 from the lender(s) for the amount of debt relief. That debt relief is considered "income" for tax purposes. Again, I advise you to consult with the appropriate financial professional for how a short sale may affect you personally.
One more thing to note: when you do a short sale, the seller pays none of the selling expenses. The lender pays all the expenses like Realtor commissions other selling-related costs.
If you'd like to discuss how a short sale might be possible and how, specifically, it works, please call me and let's discuss it. It may or may not be your best option, but we can discuss the possibilities.
Also, see my previous post What is a Short Sale?. And, see the IRS webpage regarding Forclosures and Cancellation of Debt (Short Sales).