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Selling Short? Beware of Deficiency Judgments

By
Real Estate Agent with RE/MAX Champions

Article: You lost your house - but you still have to pay

Scary stuff for homeowners who face foreclosure. Unfortunately, we have seen foreclosure rates increase over the past few years due to the mortgage crisis and economy. In order to avoid the type of situation outlined in the article above, where the previous home owner was held responsible for the short-fall of the home sale by the bank after foreclosure, be sure to get the right advice.

Today's market consists of between 7-10% of distressed home owners. This translates into a domino effect on market prices and real estate values. Anywhere from 50-80% of a given market's closed sales can be a distressed property (short sales and foreclosures). By definition, a short sale is a situation where the home owner owes more money on the home than it's current market value and can no longer stay current with their mortgage payments. A foreclosure property is one that has already been re-possessed by the primary lien holder (in most cases being the mortgage lender).

Realtors are taking a larger role in working with home owners who are in distressed properties (aka in default or pre-foreclosure) to help them avoid the "worst case scenario" of losing their home or facing bankruptcy. In most states, real estate agents are not attorneys, so it's also important to find a knowledgeable attorney to work with. Agents who have received specific training in handling "short sales" (i.e. Certified Distressed Property Expert) can help troubled home owners avoid foreclosure and sell their home using a "short sale". Trained agents can also help home owners think through and explore other options that may help them keep their home. Agents should explain all of the paper work that needs to be signed and should keep the client's best interest in mind, which includes protecting the client from any future liabilities (i.e. deficiency judgments). As always, trust and professionalism should play the biggest factor when choosing and agent to work with.

No one wants to lose their home, so if you or someone you know is in financial trouble be sure to get the right advice before it's too late!

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Jeffrey Lee, ABR MFS CDPE
Realtor-Associate ®
RE/MAX Champions
732-991-0315 (cell)
732-441-3400 ext. 331 (office)
www.jeffkeepsitreal.com (website)
www.jeffkeepsitrealblog.com (blog)

Comments (1)

Brian Bean
The Dream Big Team at Better Homes and Gardens Real Estate Champions - Riverside, CA
Homeowner Advocate, Dream Big Team, S.Calif

Jeffrey, thanks for posting this great info for consumers.

This is THE hot-button topic of the day. Consumers are starting to hear the term "deficiency" thrown around, but they don't have a clue what it means.

Here in California, we are a "non-recourse" state, but that doesn't mean that our distressed homeowners aren't affected. In fact, it's the opposite. Many are signing off on short sale approval letters that reserve the lienholders' rights to pursue them later for the deficit, even though they might have been protected against such an action had the property been taken in a foreclosure. Why? Because neither they nor their agent actually read the approval letter! And they didn't talk to their CPA and attorney.

Think there is a lot of liability doing this type of transaction? Wait until the bank sues a client for a six-figure judgment on a deal you closed three years prior. Working short sales without firm knowledge is akin to playing with dynamite. Sooner of later, there's going to be an explosion.

Jul 03, 2010 04:40 AM