How a business short sale compares to bankruptcy:
You will have no money or less money out of pocket for lawyers and no money out of pocket for court fees. It is more private. You may be able to keep some of the proceeds.
Differences between a commercial and residential short sales:
1) Time frame - residential short sales often drag on for over a year. With commercial properties things can move much more quickly. Once an offer has been made and a deposit has been put down, typically the mortgage holder is only given one week to accept or reject the offer. Few buyers are willing to to tie up thousands of dollars in deposits for much longer. More importantly few buyers want to keep several million dollars available and uninvested for much longer than that while waiting for the lender's decision.
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2) There is no standard documentation with commercial ones. The documents the lender requires will vary with the circumstances and the lender.. They may be very minimal, as when a large loan becomes non-performing the lender will often be very aware of the background situation. The rules are not set in stone. With the possible exception of a few dollars for moving expenses, residential short sales require that the seller receive nothing from the proceeds. This is not always the case with commercial short sales. Your note may be purchased and discounted. A bank will rarely sell one individual residential note to an investor at a discount. However with a commercial note this becomes a possibility. Since the new investor acquires the note at a substantial discount, they can turn around and modify the balance and/or payments so that your business income will now be sufficient to make the payments-you keep your business but get the same benefits that a short sale buyer would get.
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