Bellevue WA – Here is a question that the Stop Foreclosure Institute recently received. “I am in the middle of a very long negotiation with Chase.
The seller had me to put a clause into the contract stating “upon approval of short sale by seller’s lender, lenders, & or affiliates, client, or heirs will be released from any monetary shortages or deficiencies from said sale of stated property upon successful closing and transfer of title from that date and forevermore.”
Click here to discover how other sellers successfully did a short sale and avoided foreclosure.
The short sale negotiator at the lender, Nathan W, has advised me that he will reject the file and close it out if we don’t remove this from the contract. What do you think?
After reading your comments below, I am not sure of what will happen. How should I pursue this?” James
Here was our answer: I think the negotiator is getting his ego involved. Many investors waive promissory notes.
He is out of line (and breaching his lender’s fiduciary duty to the owner of the loan) if the following applies:
1. If it is the loan owner’s policy to not pursue a deficiency.
2. If accepting this short sale will net the loan owner more money than a foreclosure.
If those two things apply, then this negotiator is in breach of their fiduciary duty to the loan owner. You and I don’t have millions of dollars to pursue a lawsuit, but we can...Click HERE to read more.
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