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To: dawn53
I very seldom see a 1st trust holder go after a borrower after a foreclosure because the bank usually bids the property in for their own claim, thus eliminating and possibility of a deficiency. It's usually the 2nd trust that sues the former homeowner after a short sale or a foreclosure. Realtors don't seem to mention that to their clients.

In fact, I can't see much benefit to a seller in a short sale. It doesn't help their credit, and usually doesn't allow them to escape liability if there is a second trust.

11 posted on 03/28/2011 7:32:32 AM PDT by PUGACHEV
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To: PUGACHEV

I think these folks that told me about it had the defiency judgment on their original mortgage, but it was with a smaller bank.

In Florida prices have dropped about 50 percent from the peak in 2006. These folks did it right, put large down, affordable payments...until unemployment took it’s toll.

Sad part is the bank absolutely would not work with them on lowering interest rate (they weren’t asking for principle reduction.) And in Florida where our insurance seems to go up every year, and assessments downward haven’t kept up with the market so taxes are still pretty high, it’s pretty hard for folks that lose their income. So they sold on a short sale, the bank okayed a low ball offer, and then hit them with the deficiency judgment.

I sort of agree with this type of judgment but wonder why the bank isn’t willing to deal with the present homeowner who’s current on their mortgage but struggling.


20 posted on 03/28/2011 7:43:54 AM PDT by dawn53
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To: PUGACHEV
I very seldom see a 1st trust holder go after a borrower after a foreclosure because the bank usually bids the property in for their own claim,

That used to be the case. Not Today. Most banks bid much lower than the balance and many do not bid at all.

29 posted on 03/28/2011 8:08:49 AM PDT by CharacterCounts (November 4, 2008 - the day America drank the Kool-Aid)
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