In the world of short sales, there are no rules. Just trends. Lots of them. That change like the wind. On a daily basis. Without notice. Sometimes on a whim….
Can you tell I’m frustrated? I could certainly use other words, but that wouldn’t be nice.
So before I get into this too deeply, I just have to put up this little disclaimer: I am not an attorney. I do not give legal advice. All of the information contained on this website is for informational purposes based on my experience as a Plainfield IL short sale and real estate professional.
Now, where was I? Oh, yeah. I was about to complain.
Deficiency judgments are getting nasty on the sellers side of the transaction by both the bank, and the sellers. This week my seller had her short sale approved by Bank of America after almost a year. The lender was not willing to consider the payment as a full satisfaction, which left the seller subject to the possibility of having a deficiency judgment filed against them. Despite whether the seller sold short, or lost the home to foreclosure, the lender still has the right to file a deficiency judgment against the seller. Basically the end result is the same…. BUT my seller decided to reject the short sale approval and proceed with a foreclosure at the advice of her bankruptcy attorney.
Say what?! You’d rather let the bank foreclose than wrap this thing up and be done with it?
Unfortunately, my seller has been getting some very bad advice from family and friends that know nothing about this process, and IN the process has lost sight of the reasons that she sought my services in the first place.
Well, the end result of this situation is that the buyers, who have been holding on to this transaction since the beginning of February, (and made repairs to the house at their own expense that preserved the value of the home because the seller was not willing to do so) who have lost their $8,000 tax credit, who are getting married in a month… now have no where to live.
Will Bank of America change the language on their short sale approval? Probably not. Would the end result have been the same? Probably. Is filing bankruptcy the weapon of choice with homeowners who think foreclosure is better than a short sale? Definitely.
What is the number one reason that a short sale is better than a foreclosure? You can pick up the pieces of a short sale 2-3 years after you close. It takes 7 years to recover from a foreclosure. I can’t speak for anyone else, but this looks like pretty simple math to me!
Julie Ferenzi | Realtor®
630-673-6233
Plainfield IL Homes for Sale & Plainfield Short Sale Specialist
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