Over 1,000 Maryland Homeowners Served
Maryland Short Sale FAQs

Every Question Maryland Homeowners Ask About Short Sales

We've answered the most common questions here. If yours isn't listed, contact us directly - a specialist will respond within 24 hours.

Basics

What is a short sale?

A short sale is when your lender agrees to accept less than the full amount owed on your mortgage as payment in full. You sell the home, the lender gets the proceeds, and - if negotiated correctly - they waive the remaining balance. It is an alternative to foreclosure that typically results in less damage to your credit and no public court record.

Am I eligible for a short sale in Maryland?

Generally, you need three things: (1) a financial hardship that makes it impossible to continue paying your mortgage, (2) a home worth less than what you owe, and (3) a genuine desire to sell. You don't have to be behind on payments yet, but most lenders require evidence of hardship. Use our eligibility checker to see where you stand.

Is a short sale really free for homeowners?

Yes. Homeowners pay nothing for a short sale. The real estate agent is paid a commission by the lender from the sale proceeds. MD Short Sale Agent earns nothing from you directly - our service to homeowners is completely free.

How is a short sale different from a foreclosure?

In a foreclosure, the lender takes back your home through a court process (in Maryland) and sells it - you have no control over timing or outcome. In a short sale, you participate in the sale, negotiate the terms, and often avoid a deficiency judgment. Short sales also have less credit impact and don't show up as a court-filed foreclosure on public records.

What does "deficiency waiver" mean?

A deficiency is the difference between what you owe and what the home sells for. For example, if you owe $300,000 and the home sells for $240,000, the deficiency is $60,000. In Maryland, lenders can pursue you for this amount after both a foreclosure and a short sale - unless it's specifically waived in writing. Negotiating a deficiency waiver is one of the most important parts of the short sale approval process.

The Maryland Process

How long does a short sale take in Maryland?

From first contact to closing, most Maryland short sales take 3–6 months. Lender review typically takes 30–90 days after a purchase offer is received. By comparison, Maryland's judicial foreclosure process typically takes 12–24 months - so starting a short sale early gives you significant runway.

Maryland is a judicial foreclosure state - what does that mean for me?

Judicial foreclosure means your lender must file a lawsuit and obtain a court order before selling your home at a foreclosure auction. This process takes 12–24 months in Maryland, which is much longer than non-judicial states. The upside: you have more time. The downside: the longer you wait, the more fees accumulate and the more stress you carry. A short sale can be initiated and completed during this window.

Can I do a short sale if I've already received a foreclosure notice?

Yes, in many cases. A Notice of Intent to Foreclose (required in Maryland at least 45 days before filing) and even a filed foreclosure action don't necessarily close the door on a short sale. Most lenders will pause or delay proceedings while a legitimate short sale is being processed. Contact us as soon as you receive any foreclosure-related notice.

What is the MARS Act, and does it affect my short sale?

The Mortgage Assistance Relief Services (MARS) Act is a federal rule (implemented by the FTC) that governs companies helping homeowners with mortgage-related services, including short sales. It requires specific disclosures, prohibits advance fees, and ensures you have the right to reject any offer. MD Short Sale Agent and all specialists in our network are fully MARS Act compliant.

Do I need an attorney for a Maryland short sale?

Maryland law requires a licensed real estate attorney at residential closings. Beyond that, having an attorney review your short sale approval letter - particularly the deficiency language - is strongly recommended. Many short sale agents work with attorneys as part of their team.

Your Situation

I haven't missed a payment yet. Can I still do a short sale?

Yes. While most lenders require documented hardship, you don't have to be in default. If you're facing a situation that will make future payments impossible - job loss, divorce, medical crisis, military PCS orders - starting the short sale process before you fall behind can preserve more options and prevent credit damage.

What if I have a second mortgage or HELOC?

A second mortgage or HELOC complicates a short sale but doesn't prevent it. Both lienholders must agree to the short sale terms. Your agent negotiates with each lender separately. The primary lender typically allocates a small amount from the sale proceeds to settle the second lien.

I'm going through a divorce. Can we still do a short sale?

Yes. Short sales during divorce are common. Both spouses must sign the listing agreement and short sale documents. If you can't coordinate with your spouse, your divorce attorney and the short sale agent work together. The court can sometimes issue an order allowing the sale to proceed.

I have a VA loan. Can I do a short sale?

Yes. VA short sales (called VA Compromise Sales) are possible and have specific procedures. The VA must approve the sale, and if the VA previously guaranteed your loan, there may be additional considerations around your VA entitlement. An agent experienced with VA short sales handles this differently than a conventional short sale.

What if my home is an investment property, not my primary residence?

Short sales on investment properties are possible but handled differently - primarily regarding tax treatment (you won't qualify for principal residence exclusions) and lender policies. Contact us and we'll assess your specific situation.

Credit & Financial Impact

How much will a short sale hurt my credit?

A short sale typically results in a 60–130 point drop in your credit score, depending on your starting score and payment history. A foreclosure typically causes an 85–160 point drop and involves a public court record. Either way, the missed payments leading up to the short sale also affect your score - the short sale itself is the lesser of the two events.

How long before I can buy a home again after a short sale?

With an FHA loan: 3 years (or less with extenuating circumstances). With a VA loan: 2 years. With a conventional loan: typically 4 years, or 2 years with significant down payment and documented extenuating circumstances. These timelines are shorter than post-foreclosure waiting periods.

Will I owe taxes on the forgiven debt from a short sale?

Potentially. Forgiven debt can be considered taxable income under IRS rules. However, there are important exclusions - including the Mortgage Forgiveness Debt Relief Act and insolvency exclusions - that may eliminate or reduce your tax liability. Consult a tax professional before closing.

Will a short sale show up on a background check?

A short sale itself is not a public court record (unlike a foreclosure). However, the missed mortgage payments leading up to it will appear on your credit report, and the short sale notation may appear there as well. It will not appear in most employment background checks the way a civil court judgment would.

Working With Us

Who exactly handles my short sale?

MD Short Sale Agent matches you with a certified short sale specialist in your county - typically a CDPE or SFR-certified agent with direct experience handling Maryland short sales. They manage your listing, lender negotiations, buyer offers, and closing coordination.

What information do I need to provide?

To get started, we just need your name, contact information, county, and a brief description of your situation. To begin the formal short sale process, you'll need: mortgage statements, 2–3 months of bank statements, two years of tax returns, recent pay stubs, and a hardship letter. We provide a complete document checklist.

What if my lender rejects the short sale?

Rejections happen, but they're rarely the end of the road. Common reasons include low offers, incomplete hardship documentation, or an unfavorable BPO. Your agent can resubmit with a better offer, challenge the BPO with new comparables, or escalate within the lender's loss mitigation department. If the first attempt is rejected, we assess what can be strengthened and try again.

Can I stay in the home while the short sale is being processed?

Yes. You remain in the home until closing. Some lenders also offer cash-for-keys programs - relocation assistance - in exchange for leaving the property in good condition. Your agent will negotiate for this if available with your lender.

Still Have Questions?

Every situation is different. A free 15-minute call with a Maryland short sale specialist will give you clearer answers than any FAQ page can.

Free - no cost to homeowners, ever
Response within 24 hours
Honest answers, no sales pressure
All 24 Maryland counties covered
(443) 471-8188

Schedule Your Free Short Sale Consultation

You're not alone, and there's no judgment here. Tell us a little about your situation and we'll call you back within 24 hours.

Your information is confidential and will only be used to help with your inquiry.

Response within 24 hours  ·  By submitting, you consent to be contacted. Privacy Policy.

Ready to Find Out If You Qualify?

Free eligibility review. No cost, no commitment, no judgment.