For Homeowners in Default or Pre-Foreclosure

You're Not Out of Options.
Let's Talk About What's Possible.

Missing mortgage payments doesn't have to end in foreclosure. Howard E. Spencer 5th works with Northeast Florida homeowners in default to find the best path forward — whether that's a short sale, a traditional sale, or another solution entirely. Howard is a licensed REALTOR®, not an investor. He will never try to buy your home at a discount — his only goal is to protect your interests.

Traditional Sale

If your home is worth more than you owe, selling on the open market may be your best and simplest option — and it stops the foreclosure clock entirely.

A traditional sale means listing your home at market value, attracting qualified buyers, and using the proceeds to pay off your mortgage. If there's equity left over, you keep it. This is the cleanest exit because it resolves your loan in full, satisfies the lender, and gives you a fresh financial start with money in your pocket.

Many homeowners in default don't realize they may actually have equity — especially given recent appreciation in the Jacksonville market. Howard will give you an honest, no-pressure valuation so you know exactly where you stand before making any decisions.

Why This Works

  • Full loan payoff — no lender negotiation needed
  • Any equity goes directly to you
  • Minimal credit impact compared to foreclosure
  • Clean, fast, and straightforward

Things to Consider

  • Requires equity (home worth more than you owe)
  • Selling takes time — act before foreclosure proceeds

Find Out if This is Your Option

Howard will give you a free, accurate home valuation so you know exactly what your property is worth — and whether a traditional sale is the right move for your situation.

Call (904) 295-9283 Request a Free Valuation

Short Sale

If you owe more than your home is worth, a short sale is often the best way to stop foreclosure, protect your credit, and move forward — with Howard managing every step.

In a short sale, you sell your home for less than the outstanding mortgage balance, with your lender's approval. The lender agrees to accept the proceeds as full (or partial) satisfaction of the debt. For homeowners who are underwater on their mortgage, this is frequently the most powerful option available.

Howard handles the entire short sale process on your behalf — from preparing and submitting the short sale package to negotiating with your lender's loss mitigation department. He works to have the deficiency fully waived so you're not left with lingering debt after the sale. And because Howard's commission is paid by the lender, there's no out-of-pocket cost to you.

Why This Works

  • Stops foreclosure proceedings immediately
  • Far less credit damage than a full foreclosure
  • No cost to you — Howard's fee paid by lender
  • Deficiency can often be fully waived
  • You control the timeline, not the court

Things to Consider

  • Requires lender approval (Howard manages this)
  • Takes longer than a traditional sale
  • Some credit impact — but far less than foreclosure

Start Your Short Sale Today

Time matters. Every day in default gives the lender more reason to proceed to foreclosure. Howard can begin the short sale process immediately after your first call.

Call (904) 295-9283 Get a Free Consultation

Asking Your Lender for Help

If you want to keep your home, it's absolutely worth calling your lender directly to ask about hardship assistance, forbearance, or a loan modification. That conversation costs you nothing — and only your lender can offer it.

Your lender may be willing to temporarily pause payments, restructure your loan terms, lower your interest rate, or add missed payments to the back of the loan. These are conversations you can have directly with your lender's loss mitigation or hardship department. Howard is not a loan modification specialist and cannot walk you through that process — but he strongly encourages you to make that call.

That said, lender assistance is not guaranteed. Many homeowners go down this road and find their lender unwilling to cooperate, or the modification isn't enough to solve the problem. If your lender cannot help you — or if the hardship is permanent — Howard is ready to step in immediately with a short sale or traditional sale so you don't lose valuable time waiting for an answer that may never come.

Worth Trying If

  • You want to keep the home
  • Your hardship is temporary (job loss, illness)
  • You haven't already missed many payments

Things to Consider

  • Lender approval is never guaranteed
  • The process can be slow while time runs out
  • Have a backup plan ready — Howard can help

If Your Lender Can't Help, Howard Can

Try your lender first — but if that door closes, don't wait. Call Howard immediately. A short sale or traditional sale may still be possible, but only if there's time left to act.

Call (904) 295-9283 Get a Free Consultation

Why Bankruptcy Is Not the Answer

When people are desperate, bankruptcy often sounds like a lifeline. In pre-foreclosure, it is usually not — and it can make an already difficult situation significantly worse.

Here's the hard truth: if you are already in default on your mortgage, your credit has already taken a hit. Filing for bankruptcy on top of that does not fix the problem — it adds a second major negative mark that can stay on your credit report for up to 10 years, far longer than even a foreclosure.

More importantly, bankruptcy does not stop foreclosure in the long run. A Chapter 7 filing may trigger an automatic stay that temporarily pauses foreclosure proceedings, but that stay is often lifted by the court within a matter of weeks once the lender files a motion — and then the foreclosure resumes right where it left off. Chapter 13 requires you to maintain a court-approved repayment plan while also staying current on your mortgage, which is not realistic for most homeowners already struggling to make payments.

Bankruptcy is a legitimate tool in the right circumstances — but using it to try to stop foreclosure on a home you cannot afford to keep is rarely one of them. You end up with damaged credit, legal fees, and still lose the house. A short sale or traditional sale almost always produces a far better outcome for your financial future.

What a Short Sale Does Instead

  • Resolves the foreclosure cleanly and permanently
  • Far less long-term credit damage than bankruptcy
  • No legal fees or court proceedings
  • Often results in full deficiency waiver

Bankruptcy in Pre-Foreclosure

  • Stays on credit up to 10 years
  • Does not permanently stop foreclosure
  • Adds legal costs to an already hard situation
  • Court stay is often lifted within weeks

There Is a Better Way Out

Before considering bankruptcy, talk to Howard. A short sale or traditional sale almost always delivers a cleaner exit — with less long-term damage to your credit and your future.

Call (904) 295-9283 Get a Free Consultation

What Happens If You Do Nothing

Ignoring foreclosure notices is never a strategy. Understanding exactly what happens — and how fast — helps you make a clear decision to act while you still have time.

In Florida, foreclosure is a judicial process, meaning the lender must take you to court before they can take your home. That process follows a predictable timeline — and it moves faster than most homeowners expect. Here's the reality:

Once your lender files a lis pendens, the foreclosure lawsuit is officially on the clock. From that filing, it typically takes approximately six months for the court to issue a final judgment of foreclosure. Once that final judgment is entered, the property is placed on the Sheriff's Sale list and scheduled for public auction — usually within 20 to 35 days of the judgment date.

At auction, your home is sold to the highest bidder, often for well below market value. You have no say in the price, no control over who buys it, and no opportunity to walk away with any equity. Any balance still owed after the auction sale may be pursued against you as a deficiency judgment. And the foreclosure itself stays on your credit report for up to seven years — making it extremely difficult to rent an apartment, finance a vehicle, or ever qualify for a mortgage again.

Six months sounds like a long time. It is not. Between the time it takes to list and sell a home, negotiate a short sale approval, and coordinate a closing — the window to act is shorter than people realize. If a lis pendens has already been filed, contact Howard immediately.

If You Act Now

  • Short sale or traditional sale still possible
  • More time to negotiate with the lender
  • Better chance of a full deficiency waiver
  • You control the outcome — not the court

If You Do Nothing

  • ~6 months from lis pendens to final judgment
  • Home placed on Sheriff's Sale within weeks
  • Sold at auction — often far below market value
  • Foreclosure on credit for up to 7 years
  • Possible deficiency judgment pursued against you

Act Before the Window Closes

The sooner you contact Howard, the more options remain available to you. This call costs you nothing — and could change everything.

Call (904) 295-9283 Get a Free Consultation

Short Sale vs. Foreclosure vs. Traditional Sale

Factor Traditional Sale Short Sale Foreclosure
Stops Foreclosure Yes — completely Yes — completely No — IS the foreclosure
Credit Impact Minimal Moderate (much less than foreclosure) Severe — up to 7 years
Deficiency Risk None — loan paid in full Often waived by lender Possible judgment against you
Your Control Full control High — Howard manages everything None — court and lender decide
Cost to You Standard commissions from proceeds Nothing — lender pays Howard Loss of property + potential judgment
Public Record No No Yes — public court filing
Requires Equity Yes No — designed for underwater homes N/A

Frequently Asked Questions

Will a short sale ruin my credit?

A short sale will impact your credit, but the damage is significantly less than a full foreclosure. Many homeowners are able to qualify for a new mortgage in as little as 2–3 years after a properly executed short sale, versus 5–7 years after a foreclosure. Howard will walk you through what to expect.

How long does a short sale take in Florida?

The timeline varies by lender, but most short sales take 60–120 days from listing to closing. Howard manages the process to keep things moving and communicates with you and your lender at every stage. Starting sooner gives you more buffer before the foreclosure timeline catches up.

Does the bank have to approve a short sale?

Yes — the lender must approve the sale price and terms. Howard prepares a complete short sale package and negotiates directly with the lender's loss mitigation department on your behalf. He has experience navigating this process with major lenders and servicers operating in Florida.

Will I owe money after a short sale?

In many cases, no. Howard negotiates to have the deficiency — the difference between what you owe and what the home sells for — fully waived by the lender. This is one of the most important things he works to achieve in every short sale negotiation.

Can I do a short sale if I've already received a lis pendens?

Yes — even after a lis pendens is filed, you typically still have time to pursue a short sale. Florida's judicial foreclosure process takes months and sometimes years, which gives you a window to act. The key is not to wait. Contact Howard immediately if you've received a lis pendens.

Does it cost me anything to work with Howard on a short sale?

No. In a short sale, Howard's commission is paid by the lender as part of the approved sale. There is no cost to you out of pocket. A traditional sale does involve standard real estate commissions paid from the sale proceeds, but those are covered before you receive any remaining equity.

You Have Options. Let's Talk Through Them.

Free, confidential consultation. No obligation. Howard gives you straight answers — not a sales pitch.