Senate Bill 931, which will provide Short Sale Deficiency Protection in the state of California, goes into effect January 1, 2011. The new law states that existing lenders of record who have approved and agreed upon a short sale will not be able to obtain a deficiency judgment against the seller after the short sale is completed. After providing written consent to a short sale on a first mortgage or first deed of trust, the lender must accept the proceeds of the sale as full payment and must fully dismiss the remaining balance due on the loan. This law applies only to first mortgage loans secured by one to four residential units. However, this law would not apply if the lender is seeking damages for fraud or waste by the borrower. Section 580e of the bill reads:
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AllMountainRealty.com - Big Canoe, GA
Homes - Big Canoe, Jasper, North Georgia Pros
I am not sure what you think of this Bill. I am not sure what I think . So how is it being viewed inyour real estate community
Dec 22, 2010 06:56 AM
Help-U-Sell Realty Pro - Mililani, HI
Maureen
Many of our short sales have a provision for a no interest, 10 year loan for a small portion of the balance due. I assume it is the same for you.
Do you forsee an additional problem getting your short sales approved because of the new law?
Dec 22, 2010 06:59 AM
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