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SHORT SALE DEFICIENCY DEMANDS AND DEFENSES - The Interstate Highway Analogy
 "What chance is there that the bank is going to make me pay the difference (or deficiency) when we are through?"  This is the most often asked question I get as an attorney that specializes in residential mortgage loan workouts and (avoiding foreclosure through short sales or modification).  If you need basic information to understand the short sale and deficiency issue, see Back to Basics - a Review on Short Sales.
Our Basic Answer
Basically from what we see in our daily practice, if we could give a measure of chance that the bank will seek to have a borrower in a short sale or deed in lieu of foreclosure situation pay all or a portion of the unpaid portion, we would say it was only 30%.  Don't confuse the short sale deficiency - with a foreclosure "deficiency judgment" - see: Foreclosure Deficiency Judgment Compared to Deed In Lieu and Short Sale Scenarios for a detailed explanation).
The "But"
But it is not that simple and frankly, you would think given a set of circumstances so obvious your 4 year old would have the correct analysis, there are often results that make no sense.  My best to date analysis deals with ... more

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