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The Lender needs to remove the "Deficiency Language" from our Florida Short Sale Approval or we ain't closing!!

By
Real Estate Broker/Owner with Tutas Towne Realty, Inc and Garden Views Realty, LLC BK607690
Broker Bryant www.CentralFloridaShortSales.com

Well OK then. BUT.....did you know getting it removed is not enough? "What ya talkin' 'bout Willis?" Having the deficiency language removed from a Florida Short Sale approval letter don't mean squat.

Of course, I am NOT an Attorney nor do I play one on TV. So you need to seek legal advice if this is a big deal. But here's my opinion. Not only would they have to remove the deficiency language BUT they would have to add a clause stating that they will NOT go after you for a deficiency. AND I personally don't think this would make a difference either.

So you have to ask yourself "Is going ahead with the short sale better than being foreclosed on?" (Insert the NOT an attorney language). My opinion is "YES". Yes a Short Sale is better than being foreclosed on. At least with a Short Sale you have tried to do the right thing. However a Short Sale is NOT a free walk in the park. There are consequences.
  • Your credit may be messed up.
  • You may have difficulties getting a mortgage for a few years.
  • You could be liable for some taxes.
  • Maybe that deficiency will come back to haunt you.
  • You will have to move out of your house.
These are pretty much the  same consequences you will have if you get foreclosed on. So why do a Short Sale? In my opinion, it's the better of two bads.

I guess my point is that you need to take this stuff serious. Do your research. Seek the advice of a competent Attorney and tax professional. Then after all of your questions have been answered to your satisfaction....sleep on it. When you are ready to go the path of the Florida Short Sale, call me. I'll be able to help. OK? 

Do NOT be foreclosed on! Avoid foreclosure. Short Sales DO close.

Want to find out more? www.CentralFloridaShortSales.com

***I am NOT an Attorney nor do I play one on TV. Click the button below for my Bio.

The BIO for Bryant Tutas

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***I am NOT an Attorney nor do I play one on TV. Click the button below for my Bio.

The BIO for Bryant Tutas

 

 Tutas Towne Realty, Inc handles Florida real estate sales, Florida short sales, Florida strategic short sales, Florida pre-foreclosure sales, Florida foreclosures in Kissimmee Florida Short Sales, Davenport Florida Short Sales, Haines City Florida Short Sales, Poinciana Florida Short Sales, Solivita Florida Short Sales,  Orlando Florida Short Sales, Celebration Florida Short Sales, Windermere Florida Short Sales. Serving all of Polk, Osceola and Orange Counties Florida. Florida Short Sale Broker. Short Sale Florida.

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Comments(24)

Greg Nino
RE/MAX Compass - Houston, TX
Houston, Texas

BB,


Thanks for always posting such informative stuff my man! I appreciate it.. WE appreciate it.

Mar 25, 2010 01:32 PM
Robert The Earl of Real Estate
St Pete LUXE Living Group - Saint Petersburg, FL
The Earl of Real Estate

The devil is in the detials.  Good for your clients that you are looking out for them and even pointing it out.

Mar 25, 2010 01:33 PM
Greg Nino
RE/MAX Compass - Houston, TX
Houston, Texas

BB,


Thanks for always posting such informative stuff my man! I appreciate it.. WE appreciate it.

Mar 25, 2010 01:33 PM
Elyse Berman, PA
LoKation Real Estate - Boca Raton, FL
Boca Raton FL (561) 716-7824

Bryant - Great post.  So many people I hear think a short sale is a free ride, that the bank will just write off the deficiency.  Thanks for posting this.

Mar 25, 2010 01:48 PM
Melissa Zavala
Broadpoint Properties - Escondido, CA
Broker, Escondido Real Estate, San Diego County

How timely to speak about Willis since I believe he has a new book out. It is vital to always have clients discuss this matter with an attorney. We do not want to be liable going forward! Great information in this post!

Mar 25, 2010 02:29 PM
ASHEVILLE REALTY REFERRAL RESOURCE 828-776-0779
REAL ESTATE REFERRAL NETWORK - Asheville, NC
CONTACT janeAnne365@gmail.com

BB~

Also possibly the Better of TOO BADS...

Mar 25, 2010 03:21 PM
Stephen Arnold
HomeSmart Elite Group - Scottsdale, AZ
CRS, GRI, SFR

Hello Bryant~  Getting the nuclear rock out of our pockets is crucial!  Source of the Source!  Great Post!

Mar 25, 2010 04:53 PM
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

BB, they have been much more willing to seek deficiency judgements in foreclosures, at least in my area this is what we're seeing.

Mar 25, 2010 11:21 PM
Larry Brewer - Benchmark Realty llc
Benchmark Realty LLc - Nashville, TN

Bryant - If only i could convince homeowners. I have a couple of homeowners who really are content to let their home go through foreclosure instead of going through a short sale.

Mar 26, 2010 01:22 AM
Krista Fuchs
Prudential Fox & Roach - Exton, PA
Chester County Realtor - (484) 459-8025 - Home Buying and Selling

I wasn't running into short sales so much up here but I'm starting to now and it's a pain.  Great info as always in your post!

Mar 26, 2010 03:15 AM
Lisa Hill
Florida Property Experts - Daytona Beach, FL
Daytona Beach Real Estate

Re: Robert's comment... The devil's in the LENDERS! They're evil... pure evil I tell you. >=I

Mar 26, 2010 08:49 AM
Katrina Madewell
Charles Rutenberg Rlty- More than 5,000 agents(813) 777-1196 - Tampa, FL
Tampa FL Homes for sale | Tampa Bay - (813) 777-1196

BB, I personally think that once the dust settles the lenders will be more leaniant towards short sale sellers, vs a mortgagor that just threw their hands up and just walked away!

Hope all is well with you and TLW.

Katrina Madewell

Tampa FL

Mar 26, 2010 04:08 PM
David Dee
RMX REALTY - Alhambra, CA
Real Estate - San Gabriel Valley (L.A.) & N. Orang

BB, having the deficiency language removed on the approval letter may not be enough but at least it is better than having it there. :) Overall, it is better than going the foreclosure route.

Mar 26, 2010 06:07 PM
Vickie Nagy
Coldwell Banker Residential Real Estate - Palm Springs, CA
Vickie Jean the Palm Springs Condo Queen

Had an initial consultation yesterday. Prospect has done a LOT Of homework and research. I urged him to do just a bit more, with a tax advisor and with legal advice. As you say, always, always, cover the ground rules.

Mar 27, 2010 07:06 AM
Bill Gassett
RE/MAX Executive Realty - Hopkinton, MA
Metrowest Massachusetts Real Estate

You are right on the money BB. Just think about how many Realtors that represent short sellers that don't even know about doing the minimum and getting the language removed.

Mar 27, 2010 11:46 PM
"The Lovely Wife" The One And Only TLW.
President-Tutas Towne Realty, Inc. - Kissimmee, FL

Here's my prediction...

There's going to come a time where having a short sale on your record is not going to be a big deal. With the passing of time the mortgage companies will cave. Why? Cuzz, having that many Consumers unable to obtain mortgages is going to create a mess within their industry. How long can they hold on to standards that don't mesh with the current mess they helped to create?

I am not an Atty and I may be wrong. However, I'm right a lot more than I'm wrong :)

TLW...ROAR!

Mar 29, 2010 11:52 PM
Troy Erickson AZ Realtor (602) 295-6807
HomeSmart - Chandler, AZ
Your Chandler, Ahwatukee, and East Valley Realtor

Bryant - I think it is on an individual basis what may be best for each homeowner.  For some, a short sale, and for others it would be foreclosure.  But, like you said, you must do your homework and figure out what is best in your situation.  Either way, one must be responsible for your own actions.

Apr 01, 2010 04:05 PM
Jared Hokanson
Hokanson Realty & Jared Realty Group - Medford, OR
Your Home Sold, GUARANTEED!*

Bryant - The hard thing for some sellers is when they do consult their local tax or legal professionals, they get incorrect advice because the "professional" was uniformed regarding tax or legal ramifications of the foreclosure vs the short sale, I see this almost every day in our market here in Southern Oregon.

Apr 01, 2010 04:21 PM
Jay Lloyd
Cape Coral Florida - Cape Coral, FL
Allpro Home Inspection

Bryant, you can also include in the list of consequences the mounds of paperwork and phone calls done on the behalf of the seller by the Realtor which lasts for months. Great post!

Apr 04, 2010 12:31 AM
Bryant Tutas
Tutas Towne Realty, Inc and Garden Views Realty, LLC - Winter Garden, FL
Selling Florida one home at a time

Sorry but I had to disable comments due to all the link spam. I had 40 in one day on this post.

Apr 10, 2010 08:47 AM