questioning should I short sale. House on market 2 1/2 years -

My spouse moved to another state on our property there to take care of elderly family - I stayed behind to sell our home here. After 2 1/2 years on the market nothing. Just got the appraisal (I paid for) and found appraisal only $1,000 over what is owed but have been told by my Real Estate agent is not marketable at price, but should sell about $25,000 less than what is owed, not counting RE fee. Can the mortgage companies (2 mortgages)put a lien on my property in another state and can they take my retirement from my job here when I move up there?
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Margery Ellen Golant

Margery Ellen Golant

Contributor Level 8
yes, the mortgage holders can put a lien on your assets in othter states, unless the law of th ose states prevents them from doing so. In addition, they can often garnish your wages, depending on the law of those states, and can levy on non-exempt bank accounts and other financial assets.

The entire point of a short sale is to sell your property at what the market will bear, which in Floirda these days is generally well below what is owed. Your realtor needs to look to see what recent SOLDS of similar houses in the community went for and to price yours accordingly.

However, BEWARE. Short sales are often a trap - even if the lenders approve the terms of the sale, when the docunents actually show up, they often provide that the lenders retain their rights to pursue you for the shortages In most cases, other than the buyer and seller, the only other participants in these things are realtors - commissioned salespeople who want the deal to close so they will make a commission, and who are unqualified to provide any advice to sellers at all regarding legal matters.

You need to consult a QUALIFED financial services . fioreclosure defense attorney. You can locate people who specialize in these areas of law on the web site of the National Association of Consumer Advocates, www.naca.net
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