A short sale can occur at anytime before or after litigation in a foreclosure claim. It involves the sale of your home for less than what you actually owe the bank. And, it is important to have an attorney involved in a short sale because you want to make sure that the bank is agreeing when they accept the money from you for less than what’s owed, that they are waiving, they’re not going to require you to pay the difference between the value of that home and what you owe.