GT 2nd - approved SS with entire balance of deficiency owed after close - ANY Success or Tips around this?

Hello Superstars! I've close many difficult short sales, even ones with 3 loans, a couple easy, most of them with hurdles, BUT this one tops them all, so I thought I'd come to the experts again, and get your input and any tips you can offer in dealing with Green Tree.  We have a $47K 2nd lien with GT for the pool.  Our 1st is Wachovia, working things out on both, where we have 2 actual approvals, HOWEVER, GT lanuage states, they will release the mortgage lien to close the Short Sale, however the entire BALANCE of the NOTE will continue to be Due and Payable to GT. WOW! I've never seen such wording, that is clear as day, however... Wachovia's approval letter states that NO ONE including the 2nd identified as GT will receive no additional proceeds from the sale.  This sounds conflicting.  They are both agreeing to the Short Sale, one without deficiency language and language stating no additional funds, however the other stating the seller will still owe the balance.  Not only that, but in CA there is a new law as of July 15, that states there can be no deficiency collection from 1st or 2nd in 1-4 unit residentials after a short sale has closed, HOWEVER, if the borrower (seller) agrees to a deficiency settlement (or volunteers to agree), which is what the letter states, then they are bound to it!!!! UGH!!!

Anyone have any tips on gettting GT to removed the deficiency language.  They claim they will remove it for a mear $13K+ on a $47K loan owed to them and on a $215K sale.  Sellers won't go into deeper debt to come up with the $13K, for a pool that is being sold with the house.  I'm NOT a quitter, I believe there is ALWAYS a way and that some of you may have had experience with something similar.  ANY TIPS OR Resources I can use to get past this.  Oh by the way, we have a TS date of 8-9-11, which we are in process of attempting to postpone, it is the 1st so we are working on it.  Thanks in advance.

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Replies to This Discussion

If that new verbiage really exists I don't see the benefit for our sellers. Why even make the new law? I am going to have to study that one. I got the exact same letter from GT and the only way I got them to change it was to change the SS to a HAFA. It is a form letter they don't really ahve permission to make changes on their level... In the end they accepted it from a 120K 2td wiping it away for 6K. My negotiator was very nice and admitted she didn't think it would happen and I bugged the hell out of her, HA!... but it was approved. Took many months to close and no sale date was set. If you aren't already dealing direct with your negotiator go to them. The Account managers try to block you for sure. Also get the manager above your negotiator. I called some generic 1-800 # and kept asking away till I got someone to give me that info. They never responded.. but when I talked with my negiotiator they always said the manager talked to them about it. So it made an impact. Keep us posted on how things go GT is not an easy close.
I am stuck on a green tree 2nd with balance of 110K and BOA will give them 6K, you said you went back and did HAFA but they told me they don't accept HAFA guidelines...they want 12K and the buyer asked a friend to loan him $1,500 but they wouldn't accept that after she had previously agreed that she would accept the 7,500....this is in recovery dept......

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