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how much of the short sale balance with the bank come after?
Virginia
Viewed 28 times.
Posted 27 days ago in Foreclosure
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BOA just approved my home for a short sale of 67K on a 199K loan. on the letter they state "upon reciept of the 67K the bank will release the lien and charge off the remaining debt as a collectable balance." The recovery dept will contact you to make the arrangement for the balance. We will report the account to the bereaus as "charge off" and show the balnace as owed to BOA.
I asked the bank to give me more detail on the type of settlement they will ask for but they said they will not know until after the settlement. So does this mean the bank is gonna come after me for $139k after settlement? Do i have any legal rights to request for disclosure of the settlement amount they want for me? IS THERE ANY OTHER BETTER WAY OF DEALING WITH THIS other waiting blind folded? Answers (1)Mark Hankins
This attorney is licensed in Colorado and 1 other state.
Posted 14 days ago.
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I can't opine on Virginia law specifically so this is a general discussion of how these things work.
Some debtors have been able to negotiate to have the bank "forgive" the short-sale deficiency, however if the home is not your primary residence that can result in having to pay income tax on the amount "forgiven". In other cases, the banks will not agree to it, but selling the home will at least fix the amount of the deficiency so that if the market declines further your exposure doesn't grow. As a practical matter the key thing you want to avoid doing is executing a new note ... UNLESS that note is for a seriously reduced amount and the amount of principal forgiven that you will be taxed on is low enough that the whole thing taken in toto is a good deal. The reason to avoid executing a new note is that the bank will sell the deficiency to a junk debt buyer if they don't sue, and the junk debt buyer may have a hard time laying its hands on that original note. And without the original note their lawsuit against you may fail. The one thing that I would say specific to Virginia situations is that I have heard courts are relatively lenient with creditors presenting "affidavits of debt" which are the typical way creditors with weak documentation (such as lack of a note) try to get around the swiss cheese holes in their own cases. In other words, technical defenses that work for debtors in other states sometimes are not so effective for Virginian debtors.
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