You do not have to remain current on your mortgage to apply for or be approved for a short sale. In fact, mortgages "owned" by FNMA currently require that the borrower be in default before a short sale can be considered. While I believe this is an unfortunate policy and I hope FNMA will cease this requirement, previously several of my clients were able to have short sales approved without being in default.
You should discuss your situation with a competent real estate attorney to determine the least harmful course of action for you. Please do not pay any up-front fees to any non-lawyers claiming to be able to negotiate a deal for you. A competent real estate attorney should be able to guide you for less and actually represent your interests through this difficult time.
The foregoing is specific to the law and procedure in Florida. This response does not constitute legal advice as the facts presented are limited and unstated facts will likely impact your particular situation. This response is intended for general education only and does not create an attorney-client relationship. Please schedule a consultation with a local attorney for more specific and detailed answers to your legal issues.
Answered on Sep 04th, 2012 at 10:49 AM