top Ad Widget

Collapse

Announcement

Collapse
No announcement yet.

Need advice on short sale...

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Need advice on short sale...

    I posted this on the CH7 forum but didn't get a response so I thought I would post over here. We are in the 60 day period for our CH7. Our lender has already received the relief of stay and we have an offer on our house via a short sale (marked surrender on the paperwork) The lender has approved the short sale. In the paperwork sent from the lender, there is a disclosure and it says...

    "By accepting the agreed short sale amount to release their interest in the property does not discharge your responsibility for the remaining balance due on that loan. If you have not already made acceptable payment arrangements for the deficiency balance, please contact that lien holder to arrange an acceptable method for payment of the remaining outstanding balance"

    Does the disclosure in any way reaffirm the debt?? I have sent the doc to my lawyer and called for his advice, but they must be the absolute WORST when it comes to responding to anything. It seems that it would NOT reaffirm. There has to be tons of people that completed a short sale after they filed ch7...I just wanted some other advice. BTW..the only reason I am doing the short sale is to get the house out of my name sooner rather than later...I would sit around for another year waiting for a foreclosure to get that house out of my name and get on the clock in order to buy another one.
    Filed CH 7 05/06/09
    341 06/12/09
    Last day for objections 08/11/09
    Discharged and CLOSED!! 08/28/09

    #2
    anyone? I did talk to my lawyer finally and he said to not bother with the short sale because of the tax implications! He is such a quack! I hope someone has some advice!
    Filed CH 7 05/06/09
    341 06/12/09
    Last day for objections 08/11/09
    Discharged and CLOSED!! 08/28/09

    Comment


      #3
      Well you probably didn't need to do the short sale but... and I am not an attorney... but I would say - have you signed this yet? If not, I would think this is a standard short sale form, not involiving a BK. I think I would cross out that portion and initial it.

      I would not think, though, it could reaffirm the debt if it was discharged through Ch7 and you did not reaffirm it. But you never know - I hate fine print and dirty tricks that lenders use sometimes. I also don't think you would owe taxes on the difference, but what do I know? Not much! Hopefully one of the pros will jump in here...
      Filed Ch 7 -- July 9, 2008
      341 mtg ---- August 14, 2008
      Discharged ---- October 17, 2008
      Closed --------- December 11, 2009!

      Comment


        #4
        Yea if you're surrendering the house why are you doing a short sale?
        BK Ch 7 Discharged 09/2009 | Anything I say can and should be used as friendly advice and sharing of experiences with an unbiased viewpoint.
        Scores: EQ 745 EX 704 TU 710 as of 08/15/2012

        Comment


          #5
          No, the short sale will not act as a reaffirmation.

          Comment

          bottom Ad Widget

          Collapse
          Working...
          X