Real Estate Definitions › Short Sale Process & Terms

Deficiency / Deficiency Waiver

Outland and Associates Real EstateJames Outland, Broker AssociateDRE #01314390

What is Deficiency / Deficiency Waiver?

A deficiency is the leftover balance still owed after a short sale or foreclosure brings in less than the loan amount. A deficiency waiver is the lender's written agreement to forgive that shortfall so it can't pursue the borrower for it later. Whether a waiver is granted — and whether state law allows the lender to collect — is one of the most important points to confirm before closing a short sale.

Example: On a short sale that pays the lender $50,000 less than owed, the seller's agent negotiates a deficiency waiver in the approval letter so the bank cannot bill the seller for the $50,000 afterward.

Important Disclaimer

This definition is provided for general educational purposes only and is not legal, tax, or financial advice. Real estate laws and lending rules change and vary by situation. Before acting, consult a licensed attorney, CPA, lender, or other qualified professional in the State of California regarding your specific circumstances.

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