2nd Lien in Recovery with John Cardenas, needs min 20% to release only

My sellers have a second lien with Chase, which unfortunately has ended in the recovery department and is now being handled by John Cardenas. He won't even release the lien for a short sale unless they received at least 20% of the balance. First lien is offering $3000, they want $11000.

 

After I spoke with him on Monday, he said no deal unless they get that amount. Then today I hear he sent my sellers a letter offering full release with no deficiency for $11000!!! Yet they won't "release lien only" for $3000??

 

Any suggestions for negotiations?

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Replies to This Discussion

Thanks, Wendy, I am a member of Activerain and will certainly check on that site. I am located in central FL. Where are you?

Wendy Smith said:
are you famaliar with Activerain.com?  There's a couple of attorneys that blog and are quite knowledgable.  My favorite is a guy named Richard Zaretsky from West Palm Beach - extremely well versed in short sales, real estate law, etc.  He has his own group, I think it's Palm Beach Short Sales but if you peruse or search his blogs, I'll bet he has written a post that may be helpful to you.  I'd love to know what you find - are you in FL by any chance?


Dianne,

Chase is asking for 20% of balance to release lien only. I am fighting it.


Dianne Slutsky said:

I have a file where the 2nd lien was with Chase for $160,000 and discharged in bankruptcy, the first with BofA has approved the short sale and will pay Chase $3,000 for lien release.  Chase is refusing.  How much will it take to get a lien release from Chase even though this debt has been discharged in bankruptcy?  Any, help would be greatly appreciated.

No, the property is in California

Evelyn Broxterman said:

Thanks, Wendy, I am a member of Activerain and will certainly check on that site. I am located in central FL. Where are you?

Wendy Smith said:
are you famaliar with Activerain.com?  There's a couple of attorneys that blog and are quite knowledgable.  My favorite is a guy named Richard Zaretsky from West Palm Beach - extremely well versed in short sales, real estate law, etc.  He has his own group, I think it's Palm Beach Short Sales but if you peruse or search his blogs, I'll bet he has written a post that may be helpful to you.  I'd love to know what you find - are you in FL by any chance?
Does anyone have a contact email for John Cardenas?

i had a 1st and 2nd with chase.  my investment prop short sold Oct last year.  1st gave 2nd 3K to release.  2nd agreed.  one year later i just received a very SNAZZY and Marketing cool letter from Chase 2nd asking to settle.  Their paper offer was 20% of my 2nd.  I made a call and offered 10%, they approved in less than 2 min.  Now, i'm going back and trying to get that down. 

not sure if that helps, but they are playing ball and nego'ing on the 2nd.  But this is a year after i shortsale the prop.

 

I found it very interesting they are doing this.  no contact in a year until this week.

Just got one of these cleared with Chase-EMC as second lien holder and with third party processor DTA Solutions.

In my case the first lien holders written short sale approval restricted the second lien holder from receiving any funds greater than the $5,000 they offered to pay them. I had the 1st lien holder file reviewer write an e-mail stating exactly that then sent it to the second lien negotiator.

Approved "AS-IS" one week later accepting the $5,000 and NO DJ collection post closing.

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