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I'm in process of a short sale and the 2nd lien holder wants me to waive any Anti-deficiency laws or regulations.

The 2nd lien holder wants me to sign a document that states: "Borrower agrees to waive any federal, state or local anti-deficiency or other law or regulation that might otherwise limit or prohibit their continuing obligation to the lender for the amount of the short fall referenced above. Would they still be able to enforce the debt if I filed bankruptcy? If they can still enforce the debt would I be better off letting the house go to forclosure to avoid having to payback this deficiency?

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Attorney answers (1)

Reputation Level 20
Anti-deficiency laws typically provide no protection for second mortgages or home equity lines. Online we cannot find out any details. You need a lawyer. Check with a lawyer in your locale to discuss more of the details.

Good luck to you.

God bless.

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