Tuesday, July 19, 2011

Lien Holders Cannot Require a Borrower to Pay a Dificiency in a Short Sale

On July 15, Governor Brown signed Senate Bill 458 into law. This new law
prohibits a deficiency after a short sale (for one to four residential
units), regardless of whether the lender is a senior or junior lienholder.
The law is effective immediately.

Both senior and junior lienholders cannot require a borrower to pay a
deficiency in a short sale. Exceptions to the law include a lender
seeking damages for a borrower's fraud or waste; a borrower that is a
corporation, LLC, limited partnership or political subdivision of the
state; a lien secured by a bond; a public utility lien; and additional
rules apply if a note is cross-collateralized by more than one property.

If you are someone you know would like more information on Short Sales
please feel free to contact me. I will be able to answer all your
questions and concerns with no obligation.

Carol Lusidia Morrow, REALTOR
CENTURY 21 Award
7676 Hazard Center Drive #200
San Diego, CA 92108
(619)368-6382
Lic 01463404

Posted via email from CarolLusidiaMorrow's Blog

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