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Can I STOP making my mortgage payments?

By
Real Estate Agent

Can I STOP making my mortgage payments?

Can I STOP Making My Mortgage Payments?This is the question that plagues many homeowners today, particularly those who are considering short selling their homes.   In fact, every since the real estate market declined and property values fell below the current market value, real estate agents have been inundated with homeowners asking if they should continue making their mortgage payments while pursuing a short sale.  The TRUTH is…real estate agents cannot provide a definitive answer to this question…not because we don't want to.  Real estate agents are not legally authorized to answer this question.  To do so would be considered an act of "practicing law" and real estate agents are not attorneys.  When faced with this question, the only sound advice a real estate agent can provide to you is...consult an attorney.   

 

As professionals in the industry, real estate agents understand that many sellers are going through a very difficult and stressful time and we want to do everything possible to relieve you of the stressors associated with selling your home.  However, instructing you to stop making your mortgage payments is not a decision we are authorized to make.  If you encounter an agent who advises you to stop making your mortgage payments, please understand that this agent is not acting in your best interest or his/hers.  An agent who is truly working on your behalf will advise you to consult an attorney and together the two of you can explore your options regarding any future mortgage payments.

 

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Buying or selling your next home in northern VA or MD? Let's get started today.

 

Lisa Dunham, MBA
Associate Broker
Keller Williams Realty Alexandria-Kingstowne
703.562.1800 (office)  |  703.298-6546 (direct)
Licensed in VA, MD
www.LisaDunham.com
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Jerry Newman
Brown Realty, 210-789-4216, - San Antonio, TX
Texas REALTOR, San Antonio Military Relocation

Yes, Lisa. Agents have to be careful not to cross that fine line when it comes to giving "legal advice".

Jul 20, 2011 03:46 AM
Anonymous
Anonymous

This is something we encounter almost every day & have to inform people of.  A very important message to pass on to homeowners!

Jul 20, 2011 03:47 AM
#2
Lisa Dunham
Alexandria, VA
Associate Broker, Alexandria Virginia Real Estate

That's right Jerry!  I am constantly being asked this question.  There are times when the same person(s) will ask this question over and over again.  Unfortunately, my response is not going to change...no matter how they phrase the question.

Jul 20, 2011 04:05 AM
Andrea Bedard
Thompson Company, REALTORS® 240.593.2860 - Silver Spring, MD
Fluent in Real Estate & German, M.A. ABR ASP CIPS

Great blog Lisa! I have to admit that I was not very well prepared the first time I was asked the question - I just didn't see it coming. .. Fortunately, your response is not going to change because that's in the best interest of your clients.

Jul 20, 2011 02:32 PM
Lisa Dunham
Alexandria, VA
Associate Broker, Alexandria Virginia Real Estate

I agree Andrea!  To refer clients to an attorney is definitely in their best interest.  However, I'm not sure they always agree with this response.  

Jul 20, 2011 03:11 PM
Robert Hammerstein -
Christie's International Real Estate - Hillsdale, NJ
Bergen County NJ Real Estate

Very good point indeed Lisa.  We must all stick to our own area of expertise and let those who are experts in the legal field do their job.

Jul 20, 2011 04:29 PM
Lisa Dunham
Alexandria, VA
Associate Broker, Alexandria Virginia Real Estate

I agree Lisa and I plan to govern myself accordingly.  I certainly do not want to provide advice in areas where I am not qualified.

Jul 20, 2011 04:35 PM