At a glance

What it is
A sale for less than the mortgage balance, approved by the lender
Who must agree
Your servicer, and any other lien holder whose lien will not be paid in full
The rest of the debt
Forgiven only if the lender waives it; get the waiver in writing
Taxes
Forgiven debt can be taxable income; the main-home exclusion ended with 2025
FHA loans
The Pre-Foreclosure Sale: up to $3,000 for owner-occupants who sell in good faith
Fannie Mae and VA loans
Relocation help of $7,500 from Fannie Mae or $1,500 from VA, for those who qualify
Buying again with FHA
Generally after three years, or sooner if you were current for the 12 months before the sale

What a short sale is

The Consumer Financial Protection Bureau defines a short sale as “a sale of your home for less than what you owe on your mortgage.” It calls it “a type of loss mitigation” and “an alternative to foreclosure, but because it is a sale, you will have to leave your home” (CFPB).

The “short” is the gap between the price and the payoff. In an ordinary sale, the title company pays the mortgage off in full at closing. In a short sale, the price is not enough to do that, so the lender has to agree to accept less and release its lien anyway.

A short sale makes sense only when you owe more than the house can sell for. If the house is worth more than what you owe plus the costs of selling, you can sell it the ordinary way and keep the difference, even during a foreclosure. Our guide to selling a house in foreclosure covers that case.

How a short sale works, step by step

  1. Ask your servicer. A short sale is a loss mitigation option, so it starts with an application to your servicer. The Federal Trade Commission notes that “before you can list your home as a short sale, your servicer or lender must approve and agree to accept the money you get from the sale” (FTC). If a foreclosure sale is scheduled, a complete application received “more than 37 days before a foreclosure sale” must be decided before the servicer can hold the sale (12 CFR 1024.41).
  2. List the house. The FTC describes the servicer working “with you and your real estate agent to set the sales price and review the offers.”
  3. Send the lender the offer. The lender reviews the price and the terms, and it can accept, counter, or reject.
  4. Get the approval in writing. The approval should state the price, the closing deadline, and what happens to the rest of the debt. The CFPB says that “you’ll need approval from your mortgage servicer to complete a short sale and have the difference between the sale amount and your outstanding loan balance forgiven by your servicer” (CFPB).
  5. Close. The title company pays the lender the approved amount and records the release of its lien. If there is a second mortgage or another lien, that holder has to agree to release it too.

What happens to the rest of the debt in Pennsylvania

The rest of the debt is forgiven only if the lender agrees. The CFPB warns that “in some states, after a short sale, your lender could sue you to collect the amount of the deficiency,” and advises: “If the lender waives the deficiency, get the waiver in writing” (CFPB). The FTC says the same: find out whether the lender “will fully waive the difference” and not separately seek a deficiency judgment.

Pennsylvania’s deficiency law protects owners after a sheriff sale. It applies “whenever any real property is sold, directly or indirectly, to the judgment creditor in execution proceedings,” and makes the court set the house’s fair market value before the lender can collect more (42 Pa.C.S. § 8103). A short sale is not an execution sale, so that protection does not apply to it. What you owe afterward depends on the written agreement with each lender.

Taxes on the forgiven debt

Forgiven debt can be taxable income. When a lender cancels a debt, it may file a Form 1099-C, and the IRS says that “unless you meet one of the exceptions or exclusions,” the canceled debt “is ordinary income” (IRS Publication 4681).

The exclusion for forgiven debt on a main home has ended. The IRS says that debt “cannot be excluded from income for discharges completed or discharge agreements entered into after December 31, 2025” (IRS Publication 4681; 26 U.S.C. § 108). Other exclusions can still apply. Debt canceled while you are insolvent, meaning your debts were more than the value of everything you owned, is excluded up to the amount of the insolvency, and so is debt discharged in a bankruptcy case.

Tax rules turn on details, so talk with a tax professional before you agree to a short sale, not after.

FHA, Fannie Mae, and VA short sales

If your loan is backed by FHA, Fannie Mae, or VA, the program’s own rules apply, and each has changed in the last two years.

Loan What the program calls it Money to the owner The rest of the debt
FHA Pre-Foreclosure Sale Up to $3,000 for owner-occupants who sell in good faith Forgiven on the FHA loan
Fannie Mae Fannie Mae Short Sale $7,500 for relocation, for a principal residence, with conditions Waived in most cases
VA Short sale $1,500 for relocation, for owner-occupants Ask in writing
  • FHA. Since October 2025, the Standard Pre-Foreclosure Sale “is available for Owner-Occupant and Non-Occupant Borrowers and does not require verification of hardship.” The loan must be at least 61 days delinquent when the servicer approves it, and the owner must have used up or been found ineligible for the options to keep the home. The owner has four months from approval to get a contract of sale, and the house must be on the Multiple Listing Service (MLS) for at least 15 days before offers are reviewed. HUD defines the sale as one where lien holders “forgive the deficiency balance” (HUD Handbook 4000.1, Section III.A.2.j.ii).
  • Fannie Mae. “The borrower is entitled to an incentive payment of $7,500 from Fannie Mae to assist with relocation expenses following the successful completion of a Fannie Mae short sale,” for a home that was the principal residence. The payment is not made when the borrower is required to contribute cash to the sale, and it applies only to loans Fannie Mae owns (Fannie Mae Servicing Guide D2-3.3-01).
  • VA. “VA authorizes servicers to advance $1,500 in relocation assistance to borrower occupants who complete a short sale or who execute a DIL” (VA Manual M26-4, Chapter 5).

Your servicer can tell you who owns or backs your loan.

Credit, and buying a home again

The FTC says that “with a short sale or deed in lieu agreement, you still might be able to qualify for a new mortgage in a few years,” and that a foreclosure, “likely to be reported for seven years,” can have a greater impact. It suggests getting a letter from the servicer confirming the loan closed in a short sale, not a foreclosure (FTC).

  • A new FHA loan. A borrower is “generally not eligible for a new FHA-insured Mortgage if they relinquished a Property through a Short Sale within three years,” but there is no wait if every mortgage payment was made on time in the 12 months before the short sale (HUD Handbook 4000.1, Section II.A.5.a.iii).
  • A new Fannie Mae loan. Four years after a preforeclosure (short) sale, or two with documented extenuating circumstances, compared with seven after a foreclosure (Fannie Mae Selling Guide B3-5.3-07).

These are the programs’ minimums. A lender can require more.

What a short sale means for a buyer

For a buyer, a short sale is a purchase that needs a third party’s approval. The offer goes to the seller and then to the seller’s lender, which can accept, counter, or reject it, and the closing waits on the lender’s written approval. For FHA short sales, every party signs a HUD addendum confirming the sale is at arm’s length.

Our guides to short sale vs foreclosure and deed in lieu of foreclosure compare the other ways out.

This guide is general information about Pennsylvania law and court practice, not legal, tax, or financial advice, and the rules can change. For advice about your situation, talk with a Pennsylvania attorney or a HUD-approved housing counselor. The sources below are where each fact comes from.

Sources

Checked against each source on .

  1. What is a short sale?Consumer Financial Protection Bureau
  2. Avoid foreclosureConsumer Financial Protection Bureau
  3. Trouble paying your mortgage or facing foreclosureFederal Trade Commission
  4. 12 CFR 1024.41, loss mitigation procedures (the 37-day rule)Electronic Code of Federal Regulations
  5. 42 Pa.C.S. § 8103, deficiency judgmentsPennsylvania General Assembly
  6. Handbook 4000.1, Sections II.A.5.a.iii and III.A.2.j.ii (Pre-Foreclosure Sale), revised August 12, 2026U.S. Department of Housing and Urban Development
  7. FHA's loss mitigation programU.S. Department of Housing and Urban Development
  8. Servicing Guide D2-3.3-01, Fannie Mae Short SaleFannie Mae
  9. Selling Guide B3-5.3-07, waiting periods after significant derogatory credit eventsFannie Mae
  10. VA Manual M26-4, Chapter 5, Loss MitigationU.S. Department of Veterans Affairs
  11. Publication 4681, Canceled Debts, Foreclosures, Repossessions, and AbandonmentsInternal Revenue Service
  12. 26 U.S.C. § 108, income from discharge of indebtednessUnited States Code, via the Legal Information Institute

FAQ

Common questions

What is a short sale in real estate?

A short sale is a sale of a home for less than what the owner owes on the mortgage, with the lender's approval. The lender accepts the sale proceeds instead of the full balance and releases its lien so the sale can close. The Consumer Financial Protection Bureau calls it a type of loss mitigation and an alternative to foreclosure.

How does a short sale work in Pennsylvania?

You apply to your servicer, usually with financial and hardship information, list the house, and send the lender each offer. The lender decides whether to accept the price and terms and issues a written approval, and the sale closes through a title company. The lender has to approve before you can list the house as a short sale.

Do I owe the rest of my mortgage after a short sale in Pennsylvania?

Possibly. The difference is forgiven only if the lender agrees to waive it, so ask for the waiver and get it in writing before you close. Pennsylvania's deficiency law, which makes a court set the house's fair market value, applies to sheriff sales to the lender, not to a voluntary short sale. FHA's Pre-Foreclosure Sale and Fannie Mae's short sale include a release of the remaining balance on that loan.

Is a short sale taxable?

It can be. If the lender forgives part of the debt, it may send you a Form 1099-C, and the IRS treats canceled debt as income unless an exclusion applies. The exclusion for forgiven debt on a main home covered only discharges before 2026, or ones agreed to in writing before 2026. Other exclusions, such as insolvency, may still apply. Talk with a tax professional before you agree to a short sale.

How long does a short sale take?

It depends on the lender. The lender has to review your application, approve the price, and sign off on the buyer's offer, and each step adds time. For FHA loans, the owner has four months from the approval to get a signed contract of sale, and the house must be listed for at least 15 days before offers are reviewed.

What does a short sale mean for the buyer?

The buyer's offer goes to the seller and then to the seller's lender, which must approve the price and terms. That can take longer than an ordinary sale, and the lender can reject or counter the offer. For FHA short sales, every party signs a HUD addendum confirming the sale is at arm's length.

Is a short sale better than foreclosure?

It depends on your situation, but the Federal Trade Commission notes that a foreclosure is likely to be reported on your credit for seven years and can have a greater impact on future credit than a short sale. After a short sale, Fannie Mae generally requires four years before a new mortgage, compared with seven after a foreclosure. Our guide to short sale vs foreclosure compares them in detail.

If selling the house is one of your options

We buy houses as-is in Pittsburgh and the counties around it, and we can tell you quickly whether we can close before a deadline. There is no cost and no obligation.