Hi everyone! I have a short sale that is underway with BofA and escrow informed me that there is a judgment on the property from the owner's vendor that he did business with years ago. The judgment amount is about $13k. The owner said that this lien is not justified and he is going to get his lawyers involved to possibly counter-sue.
My question is, do you know if BofA will ever pay these judgments/liens on the property in order to close the short sale? Or will this be something that must be paid in escrow by the owner to clear title?
Thank you for your help!
Tags:
Krissy
Since theres no equity in the property, see if they can move the judgement to something else the seller has. Bank of America won't pay anything towards it. The other option is to work out some type of payment plan with them so they release the lien off title.
Thank you. The vendor did mention they are willing to negotiate the lien amount, but it sounds like the owner of this house doesn't think the judgment is called for.. so I have to wait and see what his lawyer advises him to do. I hope I don't lose the short sale over this.
Almost everything is negotiable. Less so with HAFA, FHA, etc. Basically if the investor is oblivious to maximizing what he gets back for his loan, he is unlikely to bend at all. If the investor has a brain (few do), he will evaluate the deal.
They try to avoid paying for anything and "extra" liens are in that category.
I just has HUD pay $12,000 towards Judgment Liens with a PFS.
Have your client request a partial release of the property from Title. This will allow the lien to stay present on the person but allows you to have a clean title in order to do the sale. You can ask your title company also to request it they should know what they need.
Title should always be run in the beginning so that you don't run into this problem.
When you submit your ppwk to the lender a title should already be on file with the title company.
Thus you can deal with this issue in the beginning and not when you have a buyer because BAC may not wait till this is figured out.
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