I would like to post the following question but I am new to this site so I am not sure which blog is the correct one to use. Please help! Thanks!

I am currently very near closing on a 3-loan short sale on my home in North Carolina. I have a buyer at 500k. The 1st (HSBC) is at 495k. The 2nd (RBC) is at 130k HELOC and the 1st is willing to release 13k to the 2nd.  The 3rd is at 60k HELOC and the 1st is willing to release 1k to the 3rd. I have all 3 approval letters but the 2nd approval letter requires signatures by both husband & wife (divorced). The divorce decree states that the husband is responsible for the house. Closing is set for completion in 2 weeks. The 2nd & 3rd lenders have stated that they will pursue us for the deficiency after the short sale.  The 2nd has stated in the approval letter to contact the “Recovery Department” the first month after the short sale.

I would like to get all of this behind me as soon as possible. Am I on the right track? Do I negotiate a greatly reduced payoff on the 2nd & 3rd after the short sale? What is the best way to do this?  [Note - It is my understanding that if I offer a reduced payoff for the 2nd at closing that the 1st will require that those funds go to the 1st and any remaining funds would go to the 2nd which will not accomplish what I am trying to do] .

 

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Comment by Nathan Baker on June 11, 2011 at 7:22am
Thanks for your comment. If I do seek legal advice what would be the title for this type of attorney? How would I get a recommendation for an attorney that has significant experience with this type of situation?
Comment by Bryant Tutas on June 11, 2011 at 6:29am

Nathan. Good questions. You can certainly try to negotiate some sort of a settlement now. However your concern about the 1st wanting the additional money is valid. You could also negotiate after the closing. You have a lot going on with this short sale and may make sense to seek some legal advice.

 

You may get more responses posting this in the forum instead of the blogs.

 

 

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