Short Sale vs Chapter 13 In a declining housing market, the value of a home sometimes falls below what is owed on it. When you can no longer pay the amount owed, you may go for a short sale - a sale in which the proceeds fall short of what you owe. But since you're asking lender to accept less money than you promised to pay, there is no guarantee that they will accept such a sale. For a short sale, you must find a buyer willing to purchase your house at market value. This market value can be determined by a formal appraisal. Though this process avoids the negative affect of foreclosure on your credit report, you may still face a tax liability on the amount of debt forgiven. And, if you have a regular income, Chapter 13 may allow you to keep the property that you might otherwise lose. In Chapter 13, the court approves a repayment plan that allows you to use your income towards the payment of your debts during a 3 to 5 year period, rather than surrendering the property. After you have made all the payments under the plan, you receive a discharge of certain debts. Now, it is up to you to decide which option is best suited to you. For guidance, you can take the help of a lawyer and may consult with him. HOME |