It seems to me that this will cause 2nd mortgage holders to be less motivated to agree to a short sale. My guess is that they have been selling or intending to sell their deficient paper and if they can no longer do that, they will demand more proceeds from the short sale or just plain old not agree to the short sale. My understanding is that in a foreclosure by a senior lien holder, the junior lien holders still have recourse after the foreclosure, so a 2nd mortgage holder may now be more motivated to deny the short sale and let the home go to foreclosure.
More government intervention will do just the opposite of helping the re market to stabilize. What are your thoughts?
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Kelly,
I just had a short sale down right declined, with no second, because the way the bill is written sellers can not contribute cash to the sale.... voluntarily or otherwise. While I do see the benefits, there are downfalls as well.
I see SB 458 has a direct affect on the Bank of America short sales but not so much the others. Many other banks are still allowing the seller to make a contribution, and lawyers tell me it's a gray area. It's not yet really defined, regardless of how it looks.
Personally, I think SB 458 has done more harm than good.
Elizabeth Weintraub
Broker-Associate #00697006
Lyon Real Estate
Sacramento Short Sale Agent
Lyon Real Estate is not associated with the government, and our service is not approved by the government or your lender. Even if you accept this offer and use our service, your lender may not agree to change your loan.
Elizabeth,
Have you got anyone to define SB 458 grey areas yet? I have a 2nd demanding money and theTitle Company saying my buyers cannot conribute to that demand....
Can the BUYER make the cash contribution? I have done this prior to SB 458. Please advise
Erinn Frisbie said:
No I have not. I spoke with my title rep, escrow officer and broker and all say that because of SB 458 the bank CAN decline a short sale even when a seller is willing to contribute. As far as I know the SELLER can not contribute... I have not heard anything about a buyer not being able to contribute.
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