I recently went through a Short Sale in Florida. It was quite interesting after the fact. The Lenders to me kept playing games with the paperwork and ended up losing me at least two very serious buyers who just got tired of the run-around. Finally I did get the house sold.
Now come the really interesting part. I had a home-equity loan on the place so that counted as a second mortgage. I had that loan prior to the big run-up in value in 2005-2006. When the short sale went through the holder of the Second mortgage said that they held the posistion that they had the right to attempt to collect on the debt. I SIGNED it knowing that and fully expected them to follow up on it. That’s just the way it goes sometimes.
What happened after that was in my mind fraudulent on the banks part and on the law firm that tried to collect on the debt. And threatened to take me to court immediately unless I entered into a payment agreement with them.
You see the bank in question had filed with the circuit court a document stating that the loan had been terminated and that the bank was completely satisfied. Mind you it was done in legalese and if I had too I could go look it up again. The point here is that the bank NEVER notified me. And when the lawyers started dunning me for the money I asked to see the paperwork and they wouldn’t do so. Florida on the other hand keeps all of those records available online and I was able to get a certified copy showing that the bank had told the court that the loan was paid off.
After telling the law firm in question this and faxing them the paperwork that was filed with the courts they just left me alone. I believe that if they had tried to file paperwork with the court on a loan the bank had said was paid off, that would have been fraud. I’m no lawyer but since they have left me alone since then I think that is what happened.
I fully expect to get a 1099 for that money from the bank as unrealized income.
Sorry you had to result to a short sale.
I know friends of mine who were paid up on their mortgages &/or paid off in full and still got foreclosed upon.
Some have already lost their homes to illegal foreclosure.
Proof is in the pudding.
Short Sales can be, and usually are, perilous for both the buyer and seller.
In this day and age of “Mortgage Backed Securities” titles without defects are few and far between. Furthermore, efforts to “wash” the titles are often performed by the “lender’s agent”.
You should have received a “Satisfaction of Mortgage” and it should be filed with your County Clerk of Court.