| Outside of sheriff sales for back real estate taxes or judgments, the sheriff's sale IS a foreclosure sale. Foreclosure is what the note holder does when the terms of the note are not meant. They way they accomplish the foreclosure is by a sheriff's sale or public auction, or even court action depending on the terms (and type) of note. A short sale is when the note holder agrees to accept less than the value of the note (amount still owed) for releasing the note (declaring it paid off). If the note holder would prefer this in some cases to a foreclosure, but not always. It depends on how much of a loss the short sale is going to hit the note holder for. Mortgage insurance may not pay the note holder when a short sale occurs, but is nearly always payable on a foreclosure. The relative value of the propoerty, the note, any mortsage insurance, even the health of the note holder, can all come into play when the note holder must decide what path they wish to pursue. In some cases their is also the possibility of a 'deficiency judgment' being recorded against the owner after the note holder sues them. This can be mechanism to seize other assets the owner has that are not involved in the foreclosure. Some state allow it, some do not. |