One of our clients has a Chase 80/20.  Chase approved a regular short sale but is expressly asking seller to agree that there will be a deficiency judgment.  Any suggestions as what to do?  Seller won't sign if there is a deficiency (because doesn't want to file for bankruptcy to get rid of it...)  Thank you

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going out in the newsletter today
In California SB 458 should protect homeowners that do a short sale from this type of "want" from the lenders.

A deficiency or not is the investor that owns the mortgage loans demand.  The seller should be encouraged to write a letter re: why they can't financially afford to be responsible for the  entire deficency and counter offer a partial repayment with affordable payments and zero interest and see what they say.  Also, some investors do not have a divison of their company to pursue these "deficiencies" so I've also been aware of the seller really never hearing from them again.  But, I wouldn't bet on that.

 

Kathleen Jamal

Operations Manager

The Law Offices of Robert C. Russell, P.C.

i had this happen recently, and all it took was a phone call to chase to explain that in california that is illegal. this is an anti-deficiency state...they also tried to collect a cash contribution of $500 from seller but when i called they realized that it was illegal to request that in this state as well. managers seem to get it, negotiators sometimes do not so best advice is go straight to management.

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