Is Bankruptcy Worse Than Foreclosure For Your Credit Score?

For anyone who might be thinking of whether to file personal bankruptcy, it's a good idea to think of the long term impact of bankruptcy versus any other way of fixing your credit problem. One of the big issues facing many people today is the threat of foreclosure on their home, compared to bankruptcy. It's not an apples to apples comparison, but here are some issues to consider.

First, foreclosure is another debt, just like a credit card. If you default on your home loan, the lender can take your house, or foreclose on the note. If you are behind on a car loan, the lender will take back your car. Either of these are major bad credit events, and will result in a drop in your credit score.

Bankruptcy however is a situation where multiple debts are either discharged, or wiped away, by a bankruptcy court, or you instead set up a plan to repay. While credit agencies won't specify which is worse or by how much, avoiding multiple debts in bankruptcy means that many creditors were left unpaid. For secured creditors, however, like mortgage companies or car financing companies, they did get back a portion of their loan through repossessing your home or car.

If you aren't sure whether to file bankruptcy or let the bank take your home, there are multiple issues for your to consider. Many times, you can file bankruptcy and lose your home in foreclosure anyway, as a secured mortgage lender can ask the bank to allow them to sell your home and get paid that way. This would happen in Chapter 7 more than Chapter 13 bankruptcies. In Chapter 13 bankruptcies, you will be setting up a repayment schedule, which could help you keep your home and make payments according to the repayment plan you set up with the bankruptcy court. In this case, the bankruptcy court could stop your home fro being sold, if you are making approved payments, thereby avoiding foreclosure.

Whether to file bankruptcy or let your home go to foreclosure will depend on your specific situation, your income, your total debt, and your other expenses. It's best to make an appointment with an attorney to discuss whether a bankruptcy could actually help you save your home and avoid foreclosure. You might decide that your primary concern is to save your home, and not worry about your credit score. You can rebuild your credit score after bankruptcy, but buying a home or saving the one you have is much tougher. Talk with a credit counseling agency or bankruptcy attorney before you decide whether bankruptcy is worse than foreclosure for you and your family.

Do you need to decide right away whether to go through bankruptcy or foreclosure? You can find more about filing personal bankruptcy at BankruptcyHelpOnline.

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For more videos on short sales check out Kevin and Fred on the Short Sale Power Hour. Video for Short Sale Specialists.

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Short Sale Guarantees?

What are the guarantees in a short sale? I can only really think of one - I can guarantee that this thing won't close in 7 days! Ok, I've got two - I guarantee that if you don't know what you're doing or don't hire someone who does then you are in for a long, wild ride!

Other than those there really aren't any guarantees at all in short sales. A lot of people find this a hard concept to grasp and as dark and foreboding as it may sound it really isn't all that bad.

There is no guarantee that the property will sell BUT there never is. You could put a house up for sale for one dollar and it doesn't mean someone is going to buy it. Most of our deals that we sell we have a contract on them within the first 60 days but our market may be different than yours and we market our properties very heavily. Make sure that your property is properly marketed and distributed to as many buyers as possible. Without a buyer there can never be a short sale!

After the initial purchase contract there is no guarantee that the bank will approve the deal. BUT, your short sale negotiator should do everything in their power to keep the deal alive and negotiate as hard as they can to get the deal to close. It's usually a win-win for everyone involved and sometimes the bank just needs a little nudge and a little confirmation of that fact and you can get the approval that you need.

From a bank's perspective, they don't have to do a short sale. There is no law, nothing in your contract with them, no one holding a gun to their head saying, "YOU MUST DO SHORT SALES IF ASKED!". The bank considers it a privilege that is extended to the borrower and therefore may choose to not offer it as an option. Rarely, however, is it NOT in the bank's best interest and again, as long as the agent can convince the bank to take the deal they usually end up much better off, as does the client.

There is no guarantee that the buyer won't flake out at some point either, BUT when your agent writes up a contract between you as the sellers and a buyer they need to be very careful to protect you as much as they can. There are ways to do this via contract language and we have used it to our client's full advantage. Each state may have different clauses so make sure you ask questions to your short sale agent and make sure they know the answers! These clauses not only protect the sellers but also assures everyone that there is a committed buyer in the short sale transaction.

There are no guarantees with short sales themselves but if you can find the right short sale professional to help you then I can guarantee you have put the odds in your favor of getting through your first (and hopefully only!) short sale transaction.

You can find more information about short sales and foreclosure avoidance options at http://www.AzHomeHelp.com

Sean Bonini is a Real Estate Agent/Broker in Scottsdale Arizona specializing in short sales. He serves as the Managing Director of AzHomeHelp.com which is a company that helps homeowners avoid foreclosure. Sean's up-to-date blog at http://www.PhoenixRealEstate247.com also covers local and national news regarding the real estate & mortgage industries with a focus on helping homeowners in distressed mortgage situations.

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Watch Kevin and Fred, Short Sale Specialists, on the Short Sale Power Hour. Video for Short Sale Specialists.

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Are You Worried About Tax Ramifications With Your Short Sale?



Hello, I am Kevin Kauffman. I am part of Group 46:10, one of the country's best short sale and real estate businesses located right here in Phoenix. Are you having trouble making your mortgage payments or are tired of being upside down on your mortgage? We at Group 46:10 can offer you various options to alleviate some of these issues. As one of the best short sale teams in the country, we've finalized more than 500 short sales in the last 4 years and have a completion rate of over 90%.

I'm here today to discuss short sales and tax ramifications. One of the concerns that we hear quite frequently from potential clients is that they want to do a short sale, but are worried about the taxes they will have to pay after the sale. Maybe you have heard from other homeowners that have done short sales that there were some tax liabilities and wish to find out more.

The Mortgage Debt Relief Forgiveness Act, which ends at the end of 2012, allows homeowners, such as yourself, to not pay taxes on the forgiven amount if the house is their main residence and the selling price is less than $2.5million. If you're thinking about short selling your house, you need to act quickly because the transaction has to be finalized by the end of 2012 in order to qualify for The Mortgage Debt Relief Forgiveness Act.

Please give us a call or fill out the form on our website, group4610shortsale.com, to find out more about this act or if you have questions about your specific situation. If you don't qualify for this act, don't let that keep you from short selling your home. We have a couple of other ways to avoid paying taxes as well. A skilled short sale specialist, such as myself and my business partner Fred, can discuss those different options with you.

For more information on short sales and how to avoid foreclosure, visit the Group 46:10 blog or you can also contact the Group 46:10 team and get started today.

Watch Kevin Kauffman and Fred Weaver of Group 46:10, Short Sale Specialists, on the daily Short Sale Power Hour.

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What Are Your Short Sale Choices?



Hello, are you contemplating a short sale however you're not fairly positive of what your options are? Well, my name is Kevin Kauffman and I'm a part of Group 46:10, Phoenix's premiere short sale staff and Phoenix's premiere short sale team. I'm here to tell you that you just do have choices and I'd love to speak to you about them. My staff and I have closed over 500 short sales in the last four years. We're here to help you so should you want any help, whether you've gotten an FHA loan or perhaps you've got a VA mortgage, we are able to help. Perhaps you're undecided because there are completely different guidelines around FHA and VA loans compared to loans with your typical credit union or with Bank of America or Wells Fargo.

Come to the experts and get a free consultation with us. We'd love to talk to you about what your choices are. We have worked with each financial institution out there. We've worked with over one hundred banks. We've handled Fannie Mae and Freddie Mac, and FHA and VA, and anybody and everyone in between and we all know that we will help you.

So please give us a call today. You'll be able to reach us at 480-449-6642. You may also fill out a form here on our website. In the event you’re not on our web site, you can visit us at Group4610shortsale.com. Here you may get your free short sale decision calculator outcomes as well as request an in individual meeting. We'd love to talk to you about your options and if a short sale is right for you, we'd love to assist you. Thanks quite a bit and have an excellent day.

For more information on short sales and how to avoid foreclosure, visit the Group 46:10 blog or you can also contact the Group 46:10 team and get started today.

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