In my opinion it's better value in using real estate attorney who specialize in short sale negotiations. You should not need to pay for attorney as they get already paid from lender loss mitigation fee and if the same attorney perform also short sale closings attorney will make money on it without you paying any money from your pocket.At least mine don't charge me any money, but you wouldn't have any problem when you do little research.
Your other issue agent versus attorney. If you will have a choice to use salesman instead of professional negotiator you must think. Short sale transaction is about to get it correctly done and especcialy negotiated to the amount so it will be attractive to resale in this market. If there is no attractive price for the end buyer in today market you will not be able to atract any buyers. Short sale is time limited transaction not as conventional sale. Your time is ticking, so you don't have this leverage as maybe your neighbor selling conventional way with some equity in and in fair market value.
With all due respect to all agents out there doing also negotiations work on their listings by themself I saw better results with more short sales closed when agent was doing salesman part and short sale hassles get outsourced to the attorney to perform with legal and negotiation part.
Your choice. This is only from my own experience.Not many investors, agents, sellers work this out with attorneys because most of attorneys charge you and agents money upfront . If you will be able to have one without any cost to you than I'll leave it for you to decide if you will use one or not.
Another mentioned issue especially for FL deficiency judgment. Not many lenders pursuet with it, but it started to change and we see more cases with this issues, However good attorney / negotiator structure the whole deal from the beginning so no or very minimum chance of deficiency judgment will affect your short sale.
There is another thing.Most of this lenders usually try to sell judgment on the secondary market for 25-50 cents per dollar sometime the very next day after judgment. Then seller can offer low settlement on it. This create really win situation for seller even with very little obligation to pay it will have better sence to proceed with short sale instead of foreclosure.
Short sale in most of today cases is much beter to proceed with than foreclosure and good specialized attorney on your site will be able to help you with after short sale ( deficiency judgments ) issues and work it out with your lender and implement that in short sale negotiation.
Even if you might have to pay for some help, at the end it will cost you less than you just let it go to the foreclosure. With foreclosure you will most likely end up with deficiency judgment and lender will add everything what they can possibly add to it, so you might end up with foreclosure and maximum amount of judgment.
If short sale will not cost you anything and with all professionals doing their part not paid from your pocket and with better chance to avoid deficeincy judgment or if any than reduced to the minimum amount with settle it later on for let say 20 cents per dollar it might be much better for you than with foreclosure.
Also remember one more think this kind of attorneys are usually involved in debt settlements and and they might be able to proceed with yuor deficiency judgment settelement and save you thousands for fraction of cost.
Again this is only my opinion and my and my partners experience with this issues.
I always try to tell people standing before decision to proceed with short sale or not to take a blank paper, divide it in half and on one half just write scenario what will happen when you will let it go to the foreclosure with all concequences and financial loss and what will happen 6-12 months from now with you and your family and at the other half what will happen when you proceed and close on short sale and how it will affect your life in your next 6-12 months.
If you don't know usual foreclosure concequenses, just let me know and I can get you free foreclosure vs short sale list FREE. There is more bad concequences with forclosure than many people know about.
I hope this will help you understand your choices in FL better now.
Cheers,
Jozef