I have just been assigned the negotiator after 30 day submission of file to Chase. They hold 1st and 2nd lien. 2nd is a Heloc of $150k. Will they give seller "Full release of liability" from Heloc vs foreclosure ? I am going to press for this or tell them to take property back in foreclosure if they do not. I have put in a call to CAR Legal dept. (California), and waiting for response. Apparently there is a new law effective 01/01/2011 on release of liability. Seller is in agreement on this.
Bryan.
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Bryan. The new law is SB 931. It only applies to 1st mortgages. Your seller definitely needs to seek legal advice. Telling your seller to let the property be foreclosed on would be huge mistake. This will not solve their problem. Please have them speak to an attorney who is well versed on short sales and foreclosures in CA.
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