I am the seller with a Short Sale (FHA) involving B of A.  I had been instructed to request a "Letter of Forgiveness" from B of A with regards to the deficiency amount.  I finally got a reply from my latest request which stated:  "HUD doesn’t send out deficiency letters. As long as the sale is done in good faith, HUD won’t pursue, however in case where HUD finds issues they will pursue the seller(s) for the deficiency."  In your experience, does this tend to hold true?  We are schedeled to close in the on or before 3/16.  Thank You!

Debbie

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Replies

  • I agree with Bryant, it's rare. I've only seen it happen one time, a very long time ago. On the off chance it was a HAFA short sale backed by Freddie, you are protected. From the HAFA guidelines: "Additionally, with respect to a HAFA Short Sale or HAFA Deed-in-Lieu, the Servicer, for itself and on behalf of Freddie Mac, must waive all rights to seek a deficiency judgment and may not require the Borrower to sign a promissory note or make a cash contribution for the deficiency."
  • Yes, the loan was an FHA loan. Thanks for your response.
  • Debbie. There are never any guarantees but my personal experience is that this is true. Was your loan a FHA loan?
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