…the answers to those two questions help to explain the BIG differences between purchasing a foreclosed property or a short sale property. If you don’t own something you can’t sell it … and with real estate, owning and selling generally speaks to holding clear title that is able to be transferred.
Laws in the USA seriously support home ownership and the homeowner … even when there is a mortgage that is not being paid/honored. Laws vary but generally provide for a process whereby the mortgage holder/bank can petition to take over title to the property due to a default by the homeowner. This foreclosure process can easily extend for a year or more, and during this process the title for the property belongs to the homeowner.
Who can sell? Bank can’t until the foreclosure process is complete and they hold title. Until then, only the homeowner can but must pay off mortgage at the time of sale … or they can petition the bank to cooperate in a short sale.