November 3, 2009

Beginning The Process Of Short Sale

Filed under: Short Sale

Hi Paul,

I’m just beginning the process of short sale, and have a buyer and contract, with verbal agreement of interest of both primary and secondary lenders to proceed. But now I’m looking into the whole “full release of liability” issue. I’m in Florida, which I understand is NOT a non-recourse state. So, I’m online searching for advise, and hopefully, some worded examples how to proceed.

I’ve learned a lot from what I’ve seen here (negotiation the “full release” and perhaps the credit agency “settled” language; but the concepts are still at a general level to me. Any (non-attorney) council for me? Or better yet, a resource where I can find the language for the “full release.”

My broker, who is a bit of specialist in short sales doesn’t seem to think this is necessary (which tells me he’s not the full specialist that I had hoped.) My deficiency amount will be $183k short of the $393k purchase price; and I don’t want this coming back on me.

Thanks for all your help

Don

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Hello Don,

Just make sure you get the estoppel letter in advance of closing and read it carefully.  And make sure you avoid this situation.

Thanks for the questions and hope this helps.

Paul

This author is not an attorney and this information should not be considered legal advice.  Please consult an attorney for legal advice.

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