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How to Avoid
Foreclosure

Ways to avoid foreclosure

Short sale: sell for less than you owe, with the lender's approval

You sell the home for less than the mortgage balance and the lender agrees to take the sale price. It avoids a foreclosure sale when keeping the home is not possible.

Reviewed October 11, 2026. General information, not legal, tax or financial advice.

Best for
When you cannot afford the home even with a modification and owe more than it is worth.
You keep the home
No. You leave, but on a timeline you help set.
Watch for
Whether the leftover debt is waived in writing, and tax on forgiven debt.

First: do you owe more than the home is worth?

If the home is worth more than you owe, you do not need a short sale. An ordinary sale before the foreclosure date pays off the loan and leaves the remaining equity with you. Ask your servicer for a payoff statement so you know the exact number.

A short sale is for the opposite case: the sale price will not cover the loan, and the lender has to agree to accept less.

How a short sale works

  • You apply to your servicer for a short sale, with proof of your hardship and finances.
  • You list the home with a licensed real estate agent. The servicer must approve the price and the final offer.
  • At closing the lender takes the sale proceeds and releases its lien.
  • You move out by the closing date.

What happens to the rest of the debt

This is the most important thing to get in writing. Whether you can be pursued for the unpaid balance depends on your loan and your state.

  • Fannie Mae loans: the borrower is released from any deficiency on loans without mortgage insurance, or where the insurer has given Fannie Mae authority. There is a $7,500 relocation incentive when the home was your principal residence and you are not asked to contribute cash.
  • FHA loans: in a pre-foreclosure sale, the lienholders release their liens and forgive the deficiency.
  • Freddie Mac loans: a short sale may come with a relocation incentive.
  • VA loans: a short sale (VA calls it a compromise sale) is on VA's list. You must repay VA's loss to restore your entitlement for a future VA loan.
  • Any loan: read the approval letter. It should say the debt is satisfied in full. If it does not, ask. Your state's page explains its deficiency rules.

Tax and credit

Forgiven mortgage debt can be taxable income. The exclusion for a main home expired for debt discharged in 2026 unless a written arrangement existed before January 1, 2026, though the insolvency exclusion remains. See taxes after foreclosure or forgiven debt.

How much time do you have? It depends on your state.

See the foreclosure timeline, deadlines and free local help for the state where the home is.

Common questions

Do I pay the real estate agent in a short sale?

The agent's commission is normally paid from the sale proceeds, which the lender approves. You should not be asked to pay an upfront fee to anyone to arrange a short sale.

Can a short sale stop a foreclosure sale that is already scheduled?

It can, if the servicer agrees to postpone the sale while an approved offer closes. A complete application sent more than 37 days before the sale triggers federal review protections. Later than that, a postponement is at the servicer's discretion.

Other options to compare

Sources

  1. Fannie Mae Servicing Guide D2-3.3-01, short sale
  2. HUD Handbook 4000.1, Update 18 (August 2026), FHA loss mitigation
  3. Freddie Mac: Options to leave your home
  4. VA: Help to avoid foreclosure
  5. 7 C.F.R. § 3555.305, USDA voluntary liquidation (eCFR)
  6. IRS Publication 4681, canceled debts, foreclosures, repossessions and abandonments
  7. 12 C.F.R. § 1024.41, loss mitigation procedures (eCFR)

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