BEST ANSWER
Explore the various options that are available to you:
Bankruptcy - talk with a Bankruptcy Attorney - some will say that Bankruptcy is better than Foreclosure.
Short Sale - interview a couple of Real Estate Agents that are experienced in Short Sales, to see if that is a possibility.
To do a Short Sale, you will have to provide financial statements and other documentation to the Lender to justify your position. Not all Lenders will agree to a Short Sale. It may be more advantageous for a Lender to go ahead and foreclose on the property. The problem gets further complicated if there are second or third mortgages, or other liens involved.
Be aware that a Short Sale may have serious legal and tax ramifications.
Speak with a CPA or Tax Professional to discuss the tax consequences. According to the Internal Revenue Service, "if you owe a debt to someone else and they cancel or forgive that debt, the canceled amount may be taxable". You may wish to familiarize yourself with The Mortgage Forgiveness and Debt Relief Act of 2007:
http://www.irs.gov/individuals/article/0,,id=179414,00.html
You should have an Attorney review all documents prior to closing. It is not uncommon for a Lender to "agree" to a Short Sale, but later come after the Seller for the deficiency / loss. (You do not want Bill Collectors harassing you later, for a debt that you thought was paid off.)
Please realize that a Short Sale can be a long and tedious process. The Lender does not become a party to the contract, but they must approve the contract before the sale can go through. The amount of paperwork involved in a Short Sale can be staggering. Lenders may take weeks or even months before responding to submitted documentation.
Best wishes to you,
Fred
Mon Aug 10 2009, 20:39