Wednesday, May 20, 2009

New Information on Short Sales

Attention homeowners...if you are having problems making mortgage payments and your lender can't (or won't) help you, be very careful if you are considering a short sale.

Last week I received information from our staff attorney at Washington REALTORS stating that some (but not all) mortgage lenders are deciding not to release sellers from the unpaid debt amount on a short sale. The end result is the lender has six years to sue the seller for repayment.

The lender can also sell the right to collect the debt to a collection agency or other third party. If a court issues a judgement against the seller for the unpaid amount, that judgement will attach to any real property (i.e., a home or rental property) owned by that seller. This judgement is valid for another 20 years. Ouch!

You must seek legal advice before you choose the short sale alternative!

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