Santa Barbara Short Sale & Foreclosure Help

Behind on your mortgage, or worried you will be?

You have more options than most people realize, and the earlier you act, the more of them you keep. Here is how foreclosure works in California, every alternative to it, what each does to your credit and taxes, and, if a short sale is right for you, exactly what it takes.

The most important thing: Don’t wait and don’t ignore the mail. Every option on this page is easier, and some are only possible, before a Notice of Default is recorded. A free HUD-approved housing counselor (800.569.4287) can also review your situation with you.

If you own a home in Santa Barbara, Montecito, Goleta, Carpinteria or Summerland and you’re facing a mortgage hardship, a possible short sale or a foreclosure notice, this guide walks you through every option. I’m glad to talk it through with you privately.

How to use this page

Three steps to a clear plan

01

Know where you are

The California foreclosure timeline and the protections you have at each stage.

02

Compare your options

Ways to keep the home and ways to move on, side by side, with credit and tax effects.

03

If you choose a short sale

Timeline, steps, rentals, second loans, prep, documents, questions and your team.

On this page: Foreclosure timeline · Your options · Credit, taxes & your next home · Is a short sale right for you? · Rentals, second loans, HOAs & CalHFA · Preparing for a short sale · Do’s, don’ts & next steps

Know where you are

Foreclosure in Santa Barbara and California: the timeline

Most California home loans are foreclosed without going to court (a “trustee’s sale”). From the first missed payment to an auction usually takes at least 7–8 months. Here’s each stage, and what you can still do.

Day 1–30

Missed payment

Late fee after the grace period (often 15 days). At 30 days late it’s reported to the credit bureaus.
You can: call your servicer about forbearance or a repayment plan.

30–120 days

Pre-foreclosure

Servicer must contact you about options at least 30 days before a Notice of Default. Federal rules generally bar starting foreclosure until you’re 120+ days behind.
You can: use the best window for every option, including a short sale.

120+ days

Notice of Default (NOD)

Recorded at the county (public record) and mailed to you. Starts the formal clock. Makes a CalHFA Dream For All loan due.
You can: reinstate (pay what’s past due plus fees), modify or sell.

NOD + 3 months

Reinstatement period

At least 3 months must pass before a sale can be scheduled.
You can: reinstate until 5 business days before the sale.

+ 20 days or more

Notice of Trustee’s Sale

Sets the auction date at least 20 days out. Posted on the home, mailed and published.
You can: ask in writing to postpone if a short sale or modification is close.

Sale day

Trustee’s sale (auction)

Sold to the highest bidder or back to the lender (REO). Ownership ends. Sales are often postponed.
You can: pay off the loan in full any time before the sale.

After

After the sale

The new owner must use the formal eviction process if you’re still there. Any surplus after debts is yours.
You can: claim any surplus; watch for a 1099 tax form.

Your protections No “dual tracking,” approved alternatives are honored, and one point of contact.

No “dual tracking.” Once you submit a complete application for a foreclosure alternative, including a short sale, the servicer can’t record a Notice of Sale or hold a sale until you get a written decision (Civ. Code § 2924.11).

Approved alternatives are honored. If a short sale is approved in writing, the servicer can’t move to sale while you’re complying with it.

One point of contact at the servicer while you’re being reviewed.

Will they come after me for the rest? California generally bars collecting a remaining balance after a foreclosure or an approved short sale.

California generally bars a lender from collecting a remaining balance (a “deficiency”) after a nonjudicial foreclosure (CCP § 580d), on most purchase loans for your home (§ 580b), and after a lender-approved short sale of a 1–4 unit home (§ 580e). The California Supreme Court (Coker v. JPMorgan Chase, 2016) applied § 580b to short sales too.

Exceptions exist (for example fraud, damage to the property, or loans held by an LLC). Have an attorney confirm for your loans.

Compare your options

Keep the home, or move on

There are two paths: keep the home, or move on in the way that protects you best. The choices near the top of each column are gentler on your credit and finances.

Keep the home (gentler → harder)Move on (gentler → harder)
Reinstatement: Pay everything past due in one lump sum. Foreclosure stops.Regular sale: Sell for more than you owe. You keep the equity.
Repayment plan: Your normal payment plus a slice of what’s past due each month.Short sale: Lenders agree to accept less than owed so you can sell.
Forbearance: Payments paused or reduced for a set time while a short-term hardship passes.Deed in lieu: You sign the home over to the lender to settle the loan.
Payment deferral: Missed payments moved to the end of the loan, due when you sell or pay off.Foreclosure: The lender sells the home at auction.
Loan modification: The lender changes the loan (rate, term, balance) to make the payment affordable.Bankruptcy: Chapter 13 can stop a sale and catch up over time; Chapter 7 wipes out personal debt but usually doesn’t save the home.
Refinance: A new loan replaces the old one. Needs equity, income and credit.

Which fits your situation?

If…Consider
Is the hardship temporary (job gap, illness, one-time expense)?Forbearance, repayment plan or payment deferral
Is income permanently lower, but you could afford a smaller payment?Loan modification
Would a sale cover what you owe plus selling costs?Regular sale: you keep the equity
Do you owe more than the home would sell for, and can’t keep it?Short sale, or deed in lieu
Are other debts also unmanageable?Talk to a bankruptcy attorney before deciding

Options to keep your home

Ask your servicer’s loss-mitigation department about every one of these. You can apply while current or behind; most require a hardship and proof of income. Open any card for the details.

Reinstatement Pay all past-due payments, late fees and costs at once.

Pros

Keeps the home. Stops foreclosure immediately. Available until 5 business days before a sale.

Cons / risks

Needs a lump sum. Doesn’t fix a payment you can’t afford going forward.

Credit / next loan

Late payments stay on your report. No added waiting period once current.

Repayment plan Regular payment plus part of the arrears each month, usually 3–12 months.

Pros

Keeps the home. Catch up gradually. Simple to set up.

Cons / risks

Higher monthly payment. Missing a plan payment can put you back into foreclosure.

Credit / next loan

Late payments reported. Improves as you pay on time.

Forbearance Lender pauses or lowers payments for a set period.

Pros

Breathing room for a temporary hardship such as job loss or illness. Usually no foreclosure while in it.

Cons / risks

Interest keeps adding up. The skipped amount is still owed afterward, by lump sum, plan, deferral or modification. Only works if the hardship ends.

Credit / next loan

Often reported as forbearance. Some lenders want several on-time payments afterward before a new loan.

Payment deferral Missed payments moved to a no-interest balance due at payoff or sale.

Pros

Payment returns to normal. No lump sum. Common after forbearance on Fannie Mae/Freddie Mac loans.

Cons / risks

Balance due when you sell or refinance. Requires that you can afford the normal payment again.

Credit / next loan

Generally lighter than a modification.

Loan modification Lender changes rate, term or balance; arrears often added to the loan.

Pros

Keeps the home. Lower payment possible. Foreclosure paused while a complete application is reviewed.

Cons / risks

Takes months. Usually a 3–4 month trial period. Balance may grow. Can affect a second loan (CalHFA reviews case by case).

Credit / next loan

May be reported as modified. Usually lighter than a short sale.

Refinance A new loan pays off the old one.

Pros

Keeps the home. Can lower the payment or rate.

Cons / risks

Needs equity, steady income and decent credit. Hard once you’re behind. Second loans (like CalHFA) usually must be paid off.

Credit / next loan

No damage if done before you fall behind.

Before you stop paying anything: Get advice from a HUD-approved counselor or an attorney before you stop paying your mortgage, HOA dues or insurance to qualify for help. Missed payments add fees, hurt credit and start the foreclosure clock.

Options to move on

When keeping the home isn’t realistic, how you leave matters a great deal for your credit, your taxes and your next home.

Regular sale Sell for more than you owe after costs.

Pros

You keep the equity. Cleanest credit. Fastest exit. You control price and timing.

Cons / risks

Only works if there’s enough equity after commission, escrow and title costs.

Credit / next loan

None beyond any late payments. No waiting period.

Short sale Your lender(s) approve a sale for less than you owe.

Pros

Avoids foreclosure. Usually no deficiency in California (§ 580e). Shorter wait for a new loan than foreclosure. You choose the buyer and help set the timing. Some lenders offer relocation money.

Cons / risks

Months of paperwork. Every lienholder must approve in writing. Forgiven debt may be taxable in 2026. Lender may ask for a voluntary contribution. Not guaranteed.

Credit / next loan

Major hit, similar to foreclosure in points. Fannie/Freddie loan possible after 4 years (2 with extenuating circumstances); FHA usually 3.

Deed in lieu Fannie Mae calls it a “Mortgage Release”: sign the home over to the lender.

Pros

Simpler and faster than a short sale. No marketing or showings. Fannie Mae may offer relocation help and a short transition period.

Cons / risks

Lenders often refuse if there’s a second loan or other liens. Usually must try to sell first. Tax treatment like a short sale.

Credit / next loan

Similar to a short sale. Fannie/Freddie 4 years (2 extenuating); FHA 3.

Foreclosure The lender sells the home at a trustee’s sale.

Pros

No paperwork. You can usually live in the home until the sale.

Cons / risks

Worst outcome for credit and future borrowing. Public record. No control over price or timing. Possible tax on forgiven debt. Second loans may issue a 1099-C.

Credit / next loan

Fannie/Freddie 7 years (3 extenuating); FHA 3; VA 2.

Bankruptcy Ch. 13: repayment plan; Ch. 7: debts discharged.

Pros

Ch. 13 can stop a sale and spread arrears over 3–5 years. Debt wiped out in bankruptcy isn’t taxable income.

Cons / risks

Biggest credit hit. Legal fees. Ch. 7 alone usually doesn’t save the home. Affects all your debts, not just the mortgage.

Credit / next loan

Ch. 7: Fannie/Freddie 4 years (2 extenuating), FHA 2. Ch. 13: Fannie 2 years after discharge.

Waiting periods are the usual minimums for a new loan backed by Fannie Mae or Freddie Mac (conventional), FHA or VA. Lenders can be stricter. “Extenuating circumstances” means a documented, one-time event beyond your control.

Credit, taxes & your next home

What each choice means for your credit

The honest answer: a short sale, deed in lieu and foreclosure all hurt your score by a similar number of points. The real differences are in how long you wait for a new mortgage, your legal exposure and your control over the process.

Typical FICO score drop

From FICO’s published research. The higher your score to start, the bigger the drop.

EventTypical drop
30 days late40–110 pts
90 days late70–135 pts
Short sale (no deficiency)85–160 pts
Deed in lieu85–160 pts
Foreclosure85–160 pts
Bankruptcy130–240 pts

How long before you can buy again

Conventional = Fannie Mae / Freddie Mac.

EventConventionalFHAVA
Short sale (pre-foreclosure sale)4 years (2*)3 years2 years
Deed in lieu4 years (2*)3 years2 years
Foreclosure7 years (3*)3 years2 years
Chapter 7 bankruptcy4 years (2*)2 years2 years
Chapter 13 bankruptcy2 yrs from discharge; 4 from dismissalIn plan 12+ months, with court OKIn plan 12+ months, with court OK

* With documented extenuating circumstances. FHA may allow sooner after a short sale if you were current on payments before the sale. Counted from the closing, completion or discharge date.

How it’s reported Reported as “settled for less than the full balance.” Late payments count separately.

Lenders report a short sale as “settled for less than the full balance” or similar.

Late payments before the sale count separately and add to the damage. Staying current helps.

Negative items stay on your report 7 years but matter less each year.

Rebuilding On-time payments, low balances, and checking your reports after closing.

Pay every other account on time; keep cards open and balances low.

Check all three reports (annualcreditreport.com) after closing to confirm it’s reported correctly and shows no balance owed.

Keep your approval letter and closing statement for future lenders.

Taxes, money and the law

Short sales, deeds in lieu and foreclosures can create a tax bill even when you walk away with nothing. Talk to a CPA before you sign a lender’s approval.

Forgiven debt can be income The federal exclusion for a main home expired for debt forgiven after December 31, 2025.

When a lender forgives what’s left on a loan, it sends a 1099-C. A 1099-A may also come for the transfer itself.

The federal exclusion for forgiven debt on a main home expired for debt forgiven after December 31, 2025. It still applies if a written agreement was signed before January 1, 2026.

In 2026, forgiven debt is generally taxable unless another exception applies. The most common one is insolvency (debts greater than assets just before the forgiveness), claimed on IRS Form 982.

Debt wiped out in bankruptcy isn’t taxable. Some California purchase loans are treated differently for tax purposes. California has its own rules too: your CPA confirms.

No deficiency in an approved short sale CCP § 580e: no balance owed after a lender-approved short sale of a 1–4 unit home.

CCP § 580e(a): after a short sale your lender approved in writing, no deficiency can be owed or collected on a loan secured only by your 1–4 unit home. It covers first and second loans.

§ 580e(b): a lender can’t require you to pay more than the sale proceeds as a condition of approving.

Lenders sometimes still ask for a voluntary cash contribution or a promissory note. You don’t have to agree. Have your attorney read the approval letter before you sign.

Doesn’t protect against fraud or damage to the property, or loans held by a corporation or LLC.

Money you may receive Relocation help in some cases, and any surplus after a foreclosure sale.

Relocation help: Fannie Mae may provide relocation assistance (up to $7,500 in some cases) for a short sale or Mortgage Release. Ask your servicer what your investor offers.

Surplus after a foreclosure sale, if any, goes to you. You have to claim it.

Costs you won’t usually pay In an approved short sale, the lender normally pays the selling costs from the sale.

In an approved short sale, the lender normally pays commissions, escrow, title, transfer tax and approved HOA balances from the sale.

You don’t pay your agent upfront. In California, charging advance fees for loan help is restricted.

Costs you may still owe Property taxes, HOA dues, insurance and utilities while you own the home.

Property taxes, HOA dues, insurance and utilities while you own the home.

Any tax on forgiven debt.

Your own CPA and attorney fees.

Questions for your CPA Four questions to ask before you sign anything.

Will I owe tax on the forgiven amount from each loan?

Am I insolvent, and how do I document it?

How does California treat it?

Should anything change about timing, such as which tax year the sale closes in?

If you’re considering a short sale

Is a Santa Barbara short sale right for you?

A short sale makes the most sense when you can’t afford to keep the home, owe more than it would sell for after costs, and want to avoid foreclosure. It works best when you start early and see it through.

Good signs

  • You owe more than the home would sell for, after selling costs
  • You have a real hardship you can document
  • The hardship isn’t going away, so keeping the home isn’t realistic
  • You want to protect your credit and future borrowing more than a foreclosure would
  • You can stay organized and respond to lender requests within a day or two
  • There’s time: no sale date yet, or a sale date far enough out to postpone

Lenders’ usual hardships

  • Job loss or reduced income
  • Medical bills or disability
  • Divorce or separation
  • Death of a borrower or wage earner
  • Job relocation (more than 50 miles)
  • Big increase in expenses, such as a payment reset
  • Natural disaster
  • Military orders (special rules apply)
Before you decide

What to weigh

ConsiderWhat it means
Every lienholder must agreeFirst loan, second loan, any HOA lien or judgment. One “no” stops the sale. Second loans and HOA balances cause more failed short sales than first loans.
It’s not guaranteedLenders can counter, ask for a higher price or decline. We plan for that from day one.
TimeUsually 4–6 months, sometimes 9 or more. Buyers can walk while waiting, so we keep backups lined up.
Your creditA major hit, but a shorter wait for your next loan than foreclosure (see Credit, taxes & your next home).
TaxesForgiven debt may be taxable in 2026. Talk to a CPA first.
Being currentYou don’t always have to be behind. Fannie Mae and Freddie Mac allow short sales for borrowers who are current with an eligible hardship.
Living thereYou can usually live in the home until closing. Keep it insured, maintained and easy to show.
Your commitmentIt takes steady effort from you, me and the negotiator for months.

How long a short sale takes

“Short” means a short payoff, not a short timeline. Lender review is the longest stretch and the part nobody fully controls. Typical total: 4–6 months; can run 9+.

1–3 weeks

Prepare

Sign listing and authorizations; gather documents; check every lien; open files with each lender.

2–6+ weeks

Market

Price where the lender’s valuation will land; show the home; collect offers.

~1 week

Submit

Accept the best offer subject to approval; send the full package to every lienholder.

30–120 days

Lender review

Valuation (BPO or appraisal), document updates, negotiation. Add 4–8 weeks for each additional lienholder.

30–45 days

Close

Approval letters issued; escrow closes before they expire.

What slows it down

  • Missing or out-of-date documents (pay stubs and bank statements go stale in 30–60 days)
  • A second loan or HOA that won’t accept what the first lender offers
  • A low valuation, or a price far below it
  • Servicer staff changes and slow portals
  • A buyer who can’t wait or loses financing
  • Approval letters that expire before closing

What speeds it up

  • A complete package before we list
  • Calling the second lender and the HOA first
  • A price the lender’s own valuation will support
  • A patient, well-qualified buyer, plus backups
  • Answering every request within a day or two
  • Asking early, in writing, for any extension
If a foreclosure sale is already scheduled: We ask the servicer in writing to postpone while the short sale is reviewed, and send proof of the buyer’s funds once approved. Postponement isn’t automatic, so we never assume the clock has stopped.

The short sale, step by step

Who does what, from our first meeting to closing.

01

We review your situation

Your statements, the recorded loans and a title search for every lien and any notice of default. We estimate the likely price against what’s owed.

Me
02

You talk to your advisors

A CPA (taxes), a real estate attorney (legal rights) and, if you like, a free HUD-approved counselor.

You
03

We sign

Listing agreement, Short Sale Information & Advisory, and authorizations so each lender can talk to me and the negotiator.

You + me
04

You gather documents

Income, bank statements, tax returns, hardship letter and the lender’s forms.

You
05

We open the file with each lender

Often through an online portal such as Equator. The negotiator submits your package.

Negotiator
06

We price and list

Marked “short sale, subject to lender approval.” Priced where the lender’s valuation is likely to land.

Me
07

We accept the strongest offer

Signed with a Short Sale Addendum. We favor a patient, well-qualified buyer over the highest number, and keep backups.

You + me
08

We submit the offer package

Contract, buyer’s proof of funds or loan approval, estimated closing statement, and any required affidavits.

Negotiator
09

The lender values the home

A broker price opinion (BPO) or appraisal. I meet the valuer with comparable sales and a list of the home’s issues.

Me
10

We negotiate

Price, commission, payments to the second loan and HOA, and any request for a contribution from you.

Negotiator
11

You review the approval letters

Expiration date, amount to each lender, deficiency waiver and any contribution. Your attorney reviews before you sign.

You + attorney
12

Escrow closes

Before the approvals expire. Each lender signs off on the final closing statement. You sign with a notary and hand over keys.

Escrow
Every week until closing: I send you a status update, even when nothing has moved, so you always know where things stand.
Special situations

Rentals, second loans, HOAs and CalHFA

If your home is rented, or you have more than one loan or HOA dues, each piece has its own rules. Open the card that fits you.

If your home is rented The tenant’s rights travel with the property, which changes who will buy it and how we market it.

The tenant’s rights

A short sale is a normal sale, not a foreclosure. The lease stays in force and the buyer takes over as landlord.

The special 90-day foreclosure notice rules don’t apply. Normal California eviction law does.

Statewide, AB 1482 and SB 567 limit when a tenancy can be ended, and many cities have their own rules on top of state law. A new owner can generally end a tenancy only for a listed reason, such as moving in themselves, with proper notice and any required relocation payment.

What it means for the sale

Buyers are mostly investors willing to keep the tenant, or owner-occupants willing to go through a move-in with relocation costs. Fewer buyers can mean a lower price.

We can’t promise a buyer a vacant home unless the tenant has agreed in writing to leave.

Some lenders allow relocation money for an occupant in an approved short sale. It must be disclosed and approved, never paid on the side.

Showings need written notice to the tenant (24 hours is the usual standard) and their cooperation. A cooperative tenant helps the price.

What you’ll provide

☐ Copy of the lease and any amendments

☐ Rent amount, due date and payment history

☐ Security deposit amount (it transfers to the buyer at closing)

☐ Tenant’s name and contact for showings

☐ Any notices given or received

☐ Rental income on your tax returns (Schedule E)

Lender and loan points

Fannie Mae and Freddie Mac review short sales on investment properties too, once the loan is behind.

Your deed of trust likely assigns rents to the lender. After a default notice, rent may have to go to the lender. Ask your attorney before collecting rent during a default.

Check your loan’s occupancy rules and any program rules (such as CalHFA’s) before renting out a home bought with a primary-residence loan.

You’ll need landlord insurance, not a homeowner policy.

Tenant law is detailed and changes often. Before any notice to a tenant, confirm the rules for your city with a landlord-tenant attorney or your local housing department.

Second loans The first lender gets paid first; a second loan usually gets a small payment to release its lien.

The first lender gets paid first. A second loan usually receives a small payment to release its lien.

Fannie Mae and Freddie Mac cap what they’ll let go to second lienholders, typically $6,000 in total.

If a second lender wants more, the gap has to be closed some other way, or the sale stalls. That’s why we call the second lender before listing.

HOA dues and liens Unpaid dues and any recorded HOA lien must be paid or approved at closing.

Unpaid dues, late fees and any recorded HOA lien must be paid or approved at closing.

Stay current on dues if you can. The first lender may limit what it pays toward HOA arrears.

We order the HOA’s documents and a payoff statement early.

If you have a CalHFA loan CalHFA reviews the short sale on its own, separate from your first lender.
TopicWhat to know
Who reviews itCalHFA Loan Administration reviews the short sale request on its own, separate from your first lender.
Dream For All loansThe principal is due at sale. If the home hasn’t gone up in value, no appreciation share is owed. CalHFA’s published policy is not to accept less than the amount owed for hardship, though it does take short sale requests. Plan for that answer from the start.
Other CalHFA secondsNot forgivable; due at sale, transfer, refinance or payoff of the first loan. Simple interest may apply.
What starts the clockA Notice of Default recorded on the first loan makes a Dream For All loan due.
What CalHFA needsIn this order, as one PDF under 10 MB to [email protected]: estimated combined settlement statement · first loan’s latest statement or payoff · signed purchase offer · preliminary title report · the first lender’s appraisal or BPO · hardship letter · your signed authorization · the first lender’s approval letter when issued.
Payoff demandRequested in writing by your agent or escrow with your authorization. 5–10 business days ($50 to expedite). Not given by phone.
Fees$45 reconveyance plus county recording fee; $25 for a zero-demand letter.
TaxesIf CalHFA forgives any amount, it issues a 1099-C in January. Give it to your CPA.
Contact800.669.1079 · [email protected] · fax 916.326.6420 · 500 Capitol Mall, Ste. 1400 (MS 955), Sacramento, CA 95814
How a Dream For All loan is repaid No monthly payments, but it is a deferred second mortgage, not a grant.

There are no monthly payments on the Dream For All assistance loan, but it is not a grant or forgiven debt. It is a deferred-payment second mortgage secured by the property. It generally requires repayment of its original principal plus a specified share of the home’s appreciation at a triggering event, such as sale, payment in full of the first mortgage, or certain refinances.

Simplified example
Purchase price$750,000
Dream For All loan$150,000
Later sales price$950,000
Appreciation$200,000
Assumed appreciation share (20%)$40,000
Illustrative payoff$190,000 ($150,000 principal plus $40,000 share)

Illustration only; actual appreciation calculations and the applicable share vary by program and borrower provisions. Your signed loan documents and a formal payoff statement govern. Program details: calhfa.ca.gov/dream.

What it means for a short sale

No monthly payment does not eliminate the recorded second lien.

A short sale requires coordination with the first lender, CalHFA and escrow.

Get a written payoff and written instructions on whether a discounted payoff and lien release are possible. Don’t assume CalHFA will accept less than the balance.

A lien release and release from personal liability for any remaining debt are separate issues. Confirm both.

Preparing for a short sale

Getting the home ready: spend or don’t?

Short answer: don’t spend money to raise the price. In a short sale, the lenders set the price they’ll accept and the proceeds go to them, so you won’t get paid back for staging, upgrades or cosmetic repairs. Spend effort instead.

SkipDo (free or nearly free)Do spend on these
Paid staging or rented furnitureDeclutter counters, closets, balcony and garageRequired by law to sell: working smoke and carbon monoxide alarms, and a strapped water heater
Paint, flooring or fixture upgradesDeep clean, especially kitchen and bathSafety: anything hazardous to buyers or showings
Kitchen or bath updatesOpen blinds; every light on for showingsPreventing damage: active leaks, broken windows, pests
Cosmetic repairs for looks onlyReplace burned-out bulbsInsurance and utilities through closing
Professional cleaning you can’t comfortably affordMake beds; put away pet items and personal photosHOA violation notices that would block closing
Keep the yard or patio neat
Why condition still matters The lender’s valuer judges condition, and honest documentation helps.

The lender’s valuer (BPO agent or appraiser) walks through and judges condition. Clean and cared-for helps the lender accept a fair price.

Serious problems can actually help a lender understand why a lower price is reasonable, so we document them honestly with photos and estimates instead of fixing them.

Buyers buy short sales as-is. Honest disclosure of everything you know protects you.

Showings More showings, stronger offers, better chance of approval.

Say yes to as many showing requests as you can. More showings, stronger offers, better chance of approval.

Leave during showings if possible. A lockbox makes scheduling easy.

If the home is rented, see the tenant notice rules above.

If you’re unsure about a cost: Ask me before you spend anything. If a repair would be required for the sale, we may be able to ask the lender to approve paying for it from the proceeds.

Documents you’ll need

Lenders review complete packages first. Scans or clear phone photos are fine; send every page, even blank ones. Pay stubs and bank statements expire in 30–60 days, so keep sending new ones while lenders review.

Loans & property Mortgage statements, lender letters, closing papers, HOA, insurance, taxes.

☐ Latest statement for each mortgage

☐ Any letters from your lenders or CalHFA (annual notices, default notices)

☐ Your purchase closing papers (settlement statement, loan documents)

☐ Latest HOA statement and contact for the management company

☐ Homeowners insurance declarations page

☐ Latest property tax bill

☐ Any notice from the county, the HOA or a court

☐ If rented: lease, rent and deposit amounts, tenant contact

Income & money Pay stubs, bank statements, tax returns and a monthly expense list.

☐ Pay stubs for the last 30 days

☐ Proof of other income: benefits, pension, Social Security, child support, alimony

☐ If self-employed: year-to-date profit and loss and 2–3 months of business bank statements

☐ Last 2 months of bank statements, all accounts, all pages

☐ Retirement and investment statements

☐ Last 2 years of federal tax returns, signed, all pages, with W-2s/1099s

☐ Monthly expense list (car, insurance, cards, utilities, food)

Write & sign Hardship letter, proof of hardship, lender forms and ID.

☐ Hardship letter: one page in your own words, signed and dated

☐ Proof of hardship (layoff letter, medical bills, divorce papers, death certificate)

☐ Mortgage Assistance Application (Fannie Mae/Freddie Mac Form 710 or your servicer’s version)

☐ IRS Form 4506-C (lets the lender confirm your tax returns)

☐ Third-party authorization for each lender

☐ Photo ID

☐ Name-change document if your name differs from the loan

☐ Divorce decree or bankruptcy papers, if any

Forms you’ll sign with me Now, with an offer, and at approval and closing.
WhenForms
NowResidential Listing Agreement · Short Sale Information & Advisory (SSIA) · Agency Disclosure · Seller’s Advisory · Estimated Seller’s Proceeds
With an offerPurchase Agreement + Short Sale Addendum · seller disclosures (Transfer Disclosure Statement, Seller Property Questionnaire, Natural Hazard report, smoke/CO and water-heater statement) · HOA document request
At approval & closingLender approval letters · arm’s-length (short sale) affidavit · escrow instructions · grant deed, signed with a notary

Questions you’ll need to answer

The lenders’ forms ask all of this. Jot your answers down before we meet and the paperwork goes much faster. Your answers must match your bank statements and tax returns.

You & your household Names, marital status, who lives in the home, best contact.

Full legal names of everyone on the loan and title; any name changes

Marital status; is anyone on title not on the loan?

How many people live in the home?

Best phone, email and mailing address (including after you move)

The property Primary home, second home or rental; condition; current listing status.

Is it your primary residence, a second home or a rental?

If rented: who lives there, the lease terms and rent

Is it listed or under contract now?

Any known defects, damage, permits or HOA violations?

Your loans & liens Every loan, whether you’re current, and any notices.

Every loan on the home: lender, servicer, loan number, balance, payment

Are you current? If not, since when and how much is past due?

Any Notice of Default, sale date or bankruptcy?

HOA dues: amount, and are they current? Any tax liens or judgments?

Income Monthly income for each borrower and any recent changes.

Gross monthly income for each borrower and its source

Any recent change in income, and when

Unemployment, disability, Social Security, pension or support received

Rental or self-employment income

Expenses & assets Monthly costs, account balances, other real estate.

Monthly costs: housing, car, insurance, cards, loans, utilities, food, medical, childcare

Checking, savings, retirement and investment balances

Other real estate you own

Large deposits or withdrawals in the last 2 months, and what they were

Your hardship & goals What happened, what you’ve tried, and where you want to go next.

What happened, and when did it start?

Is it temporary or permanent?

What have you already tried (calls to lender, modification, forbearance)?

Do you want to keep the home or move on? Where will you go, and when?

Your hardship letter One page, in your own words. The same letter goes to every lender.

One page, in your own words. Facts, not feelings, though it’s fine to be human.

What happened and when (dates help), why it isn’t temporary, and why you can’t keep up the payments or keep the home.

Say that you want to sell rather than go to foreclosure. Sign and date it. The same letter goes to every lender.

Your short sale team You’ll have one point of contact: me. I coordinate everyone else.

Once you sign the authorizations, I coordinate everyone else and keep you posted.

WhoTheir role
You, the sellerProvide documents, keep the home insured and show-ready, answer requests quickly, sign forms.
Your listing agent (Kathy Henry)Pricing, marketing, showings, offers, meeting the lender’s valuer, coordinating everyone, weekly updates.
Short sale negotiatorA licensed specialist who works the lender portals, submits packages, tracks deadlines and negotiates with each lender. Paid through the commission with the lender’s knowledge, never upfront by you.
First loan servicerIts loss-mitigation department reviews your application and approves (or counters) the sale. Often uses an online portal.
The investor (Fannie Mae, Freddie Mac, FHA, VA or private)Owns the loan and sets the rules the servicer follows. Some files need its sign-off.
Mortgage insurer, if anyMay have to approve the loss too.
Second lienholder (such as CalHFA)Separately approves releasing its lien for what it’s offered.
HOA and management companyDues statement, HOA documents for the buyer, payoff of any balance.
BPO agent or appraiserHired by the lender to value the home. Their number drives what the lender will accept.
Title companySearches for every lien and issues title insurance at closing.
EscrowHolds funds and documents, prepares the closing statement each lender approves, and closes.
Buyer and buyer’s agentMake the offer and wait for approval. A patient, well-qualified buyer is worth more than a slightly higher price.
Your CPATax effect of forgiven debt; insolvency; California rules.
Your real estate attorneyYour legal rights, deficiency protection and reviewing approval letters before you sign.
HUD-approved housing counselorFree, neutral guidance on all your options and your credit. 800.569.4287.
Protect yourself

Do’s, don’ts and scams to avoid

Lenders look closely at everything in a short sale. These keep your file clean, moving and safe.

Do

  • Answer lender requests within a day or two. Late documents expire and the file goes back to the end of the line.
  • Keep a call log: date, name, what was said. Servicer staff change often.
  • Keep homeowners insurance and utilities on through closing.
  • Keep the home maintained. Fix leaks and anything unsafe; tell me about any damage.
  • Tell me before you move out. Vacancy affects insurance, showings and your loan terms.
  • Disclose everything you know about the home’s condition.
  • Open every letter from your lenders, the HOA, the county and the courts.
  • Keep copies of everything you sign or send.
  • Bring in your CPA and attorney early, before you sign an approval.

Don’t

  • Pay anyone upfront to “save your home” or negotiate your loan.
  • Make side deals: no cash back, rent-backs, buy-backs or money from a buyer outside escrow. Everyone signs that there are none.
  • Rent out, transfer or deed the home to anyone without talking to me first.
  • Move large sums or open new credit during review. Lenders read your statements line by line.
  • Remove fixtures or appliances that stay with the home.
  • Spend money on upgrades to raise the price.
  • Negotiate directly with a buyer or lender. Send it all to me so nothing contradicts your file.
  • Stop paying on purpose without advice from a counselor or attorney.
Red flags of a foreclosure scam: anyone who asks for fees before doing any work, or guarantees to stop a foreclosure · requests to sign over your deed, or to send payments to them instead of your lender · pressure to sign quickly, or papers you’re told not to read · offers to “rent back” your home after you transfer the title to them · unsolicited calls, letters or door-knocks after a Notice of Default is recorded (it’s public, so scammers watch for it).

Check any company or person at dre.ca.gov (real estate licenses) or the State Bar (attorneys). Report scams to the California Attorney General.

Before we start: the commitment

A short sale is a team effort that runs for months. It works when everyone commits to seeing it through.

What I commit toWhat I’ll ask of you
Honest advice about whether a short sale is your best optionDecide first. Talk with your CPA and attorney, then commit to the process
Pricing, marketing and every showing and offerSend complete documents within a few days of each request
Coordinating the negotiator, lenders, title, escrow and HOAKeep the home insured, maintained and easy to show
A weekly status update until closingStay reachable, and tell me about any letter, call or change in your situation
Telling you right away if anything changesSee it through to closing, even when lenders are slow

Your next steps

01

Read this page

Note your questions as you go.

02

Talk to your advisors

A CPA and a real estate attorney, and a free HUD-approved counselor if you’d like.

03

Decide

Keep the home, sell, or pursue a short sale.

04

Gather

If it’s a short sale, start on the documents and your answers to the questions above.

05

Call me

We’ll sit down to sign and make a plan.

Confidential conversation

Let’s talk about your options.

Every situation is different. Call or text me and we’ll go through yours privately, with no obligation.

Kathy Henry · Real Estate Advisor & Broker Associate · Sotheby’s International Realty · 1290 Coast Village Road, Montecito · DRE #01403548

General information about California only, not legal, tax or credit advice. I’m a real estate agent, not an attorney or CPA; please confirm how this applies to you with a real estate attorney and a tax professional. Program rules and figures change; current as of November 2026.