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If we sell our home via short sale-will we pay taxes on the difference? Can the mort companies isssue deficiency judgements?

Gainesville, VA |

We owe $472,.000 on the 1st, $117,000 on the 2nd. The home assessed @ $325,000 7 comparable homes are selling for $400,000. We are not behind in payments, but struggling. We think we will never see the home value remotely close to what we paid and want to lower payments.

Attorney Answers 1


  1. This is a great question and one that I am asked by clients on a daily basis. Whether you will pay taxes on the short sale is determined by a number of factors including but not limited to whether the home is a primary residence or investment property. For questions about the tax consequences of a short sale, it is imperative to consult with a CPA who has experience in short sales.

    As for the deficiency judgment, your realtor or attorney involved in the short sale can negotiate with the lender to waive any deficiency remaining after the short sale. Typically, a good short sale real estate agent will negotiate a deficiency waiver. However, be sure to obtain the waiver in writing before agreeing to the short sale.

    Best of luck.

    NOTE: This answer is made available by the lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.

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