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Will the Bank Come After Me for the Deficiency After a Short Sale or Foreclosure in Florida?

By Yogi Ganeshram · 10/31/2026

It can, but not always, and you have more control in a short sale than in a foreclosure. A deficiency is the gap between what you owe and what the home brings. Whether the lender can collect it depends on how the case ends.

What a deficiency is

Say you owe $320,000 and the home sells for $270,000. The lender is short $50,000, plus fees. That shortfall is the deficiency. This example is illustrative.

In a short sale

The approval letter should say what happens to the shortfall. There are three possibilities:

  • Waived. The lender forgives the balance. This is what you want, in writing.
  • Settled. You agree to pay part of it.
  • Preserved. The lender keeps the right to pursue the balance.

Read the letter before you close. If it does not say the deficiency is waived, do not assume it is. Have a Florida attorney review it.

In a foreclosure

In some cases the lender can ask the court for a deficiency judgment. Time limits apply, and a judgment can lead to collection efforts. An attorney can tell you what applies to your case.

Taxes

Forgiven debt can sometimes count as taxable income. Ask a CPA whether an exclusion applies to you under current law.

What to do

  1. Get the lender's approval or settlement terms in writing.
  2. Have a Florida attorney review any waiver or release.
  3. Keep copies of everything.

I have closed 400+ short sales with deficiency waivers secured. The waiver has to be in writing before you close.

What to do this week

Send me your lender's name and your payoff, and I will tell you what to ask for in the approval.

Common questions

The gap between what you owe and what the home sells for, plus fees. Whether the lender can collect it depends on how the case ends.

Yes. Lenders can waive it, but the waiver has to be in the approval letter. Do not assume it is waived.

In some cases a lender can ask the court for a deficiency judgment. Time limits apply. Talk to an attorney about your case.

Sometimes. Ask a CPA whether an exclusion applies to you under current law.

About Yogi

Yogi Ganeshram, eXp Realty licensed REALTOR, 23+ years, 500+ homes sold, 200+ flips, 400+ short sales with deficiency waivers secured

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This article is general education, not legal or tax advice. Talk to a licensed Florida attorney or tax professional about your situation.

Yoganand Ganeshram PA · Licensed Florida Real Estate Agent — SL 3131685 · eXp Realty in Florida · Equal Housing Opportunity.