Short Sales, Deficiency Judgments and Collection Agencies

Real Estate Agent with Keller Williams Realty Portland Premiere

Dear Representative Wingard,

As you know the housing market and hundreds of thousands of Oregonians are in financial trouble and losing their homes.  The reason for this email is that I have been working with lenders over the last several years that continue to be denied home loan modifications at an unacceptable (at least 75% are being denied) rate here in Portland.  Many of the homeowners have lost their job, had a serious illnesses or some other financial hardship.  These homeowners are not only being kicked while they are down but then again when they later try to re-establish themselves because of aggressive collection tactics by lenders who either foreclosed on the home or accepted a short sale with the "option of recourse" in the short sale approval letter sent to them.  It's been my experience that this is leaving them with the very real possibility of having to file for bankruptcy as their only alternative to a truly fresh start.

My hope is that you can design and introduce a law here in Oregon that would require these lenders that are charging off this debt and sell it to investors of debt and/or collection agencies to 1st offer the debtor the same terms to which they have agreed to sell it to a 3rd party.  If you were to talk to us Realtors who are trying to help homeowners by either directing them to State and Federal Websites for possible home loan modification programs that they might qualify or later also assisting them to short sell their home and avoid a foreclosure on their credit record, you would see that we and your constituents are continually hitting illogical road blocks from the lenders.  These same lenders may be approving short sales at a larger rate than before but are retaining their rights to go after homeowners for the "deficiency" and then selling that bad debt so that Oregonians who have been caught in the worst economic crisis since the Great Depression can have their nightmare continue for years to come.

My suggestion is both fair and right, given these unprecedented times.  Create a law where a lender who is making a seller sign a legal document in order for them to release the lien and close on their home has the right to later buy back their deficiency from the lender at the same terms they are negotiating with institutions, law firms and collection agencies.  I see no reason that someone who has already lost their job, lost their home and lost their credit should not be able to pay the same price, sometimes pennies on the dollar, that they are willing to wholesale it out the door to and industry who will haunt them for years to come in order to collect and make a profit off such a terrible situation we are all feeling right now.

Thank you for your time,

John Bacon, Keller Williams Realty Portland Preimere



Not a bad idea. I will have the bill drawn up. Let's see what happens.

Rep. Matt Wingard

Please send letters to your Representatives and let's see if we can't keep people who have lost everything from being abused for a lifetime!

Comments (5)

Joe Sosky
KW Commercial - Vancouver, WA
Commercial Real Estate Broker - (360) 816-9652

Great proposal.  Even a step farther.  When a bank fails and the FDIC steps in, the FDIC will offer a 5% discount to a borrower, yet sell the note for $.35 on the dollar to an investment group. Why not sell it for 50% of its value to the borrower?

Aug 01, 2010 03:14 AM
Nicole Kraus
Signature Realty Associates - Dover, FL seems that the banks are the main problem.  They are not wanting to help, do the right thing or God forbid be moral.  I have tried to help banks and have been treated like a thrid rate citizen and even asked what I was going to give up on my commission to get a deal done.  Oh and get this my commission would have been less than a $100.00 and I was representing both the seller and the buyer.  I told BOA to shove it, and to date my seller has been living "rent free" going on two years now.....Idiots!

Aug 01, 2010 03:16 AM
Michael Ford
Coldwell Banker Heritage Homes - Marion, AR
Matching Families with Homes

John nice post and I hope it gets read by alot of our members of Congress!

Aug 01, 2010 03:18 AM
John Bacon
Keller Williams Realty Portland Premiere - Portland, OR

I just emailed my Senators too!  Please feel free to add to it my blog, copy it, do whatever with it but we need to bring sanity back to the table and as we all have experienced, it won't happen until we point it out to lawmakers!

I use the site below all the time to find my Representatives and email them.  The website name doesn't do it justice since you can find any and all elected officials easily and send emails using a template the site provides.  Very worth checking out...

Good luck and go get em!


Aug 01, 2010 03:37 AM
Steve, Joel & Steve A. Chain
Chain Real Estate Investments & Mortgage, Steve & Joel Chain - Cottonwood, CA


It's just common sense.  The borrower should have 1st right of refusal on the bottom (pennies on) dollar sale of their debt.

I think lenders who get mortgage insurance (government or private)  compensation should be stayed from recourse. as well.


Aug 01, 2010 06:05 AM