Short Sale in CA with 2 different banks for 1st and 2nd.

Primary home purchased on 12/05 with 100% financing with a 1st and a 2nd. I refinanced the 2nd a year later and took 10k out and get a better rate. The 1st has given its approval for the short sale and will give $3k to the 2nd @ closing. The 2nd will not give approval unless I agree to bring $17k to closing and carry a note of $35k @ some unknown interest rate for some unknown amount of years. The actual balance of the 2nd loan is $88k. Is this the norm for short sales where 2 different banks are involved and the 2nd is not a purchase money loan? I am trying to see if I should just accept as is or try and negotiate further and risk the 1st foreclosing. The first would like to close in 3 weeks. I am not sure what the difference is on my credit between a short sale and foreclosure.
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Moises Aguilar

Moises Aguilar

Contributor Level 4
I'm gonna assume that your house is undervalued; i'm going to assume that the current market value of your home is not even enough to satisfy your first mortgage's interest, making your 2nd mortgage essentially unsecured debt.

Generally, when your 1st approves a short sale, the 2nd will "approve" the transaction for a nominal fee. In my experience, it is uncommon for them to require you to bring money down, especially something like $17k!

Of course, if they run your credit and see that you have several other homes, they might not be as sympathetic to you.

If, however, you are compatible with the short sale poster child, i.e., undervalued primary residence purchased b/t 2003-2008 to a family that can no longer afford the payment (and doesn't own other homes), the assumption is that you're broke, that you can't bring in cash, and that if they (your 2nd) don't "approve" the transaction, the 1st will foreclose and the 2nd will get a big fat ZERO.

What your 1st lender is really asking them to do is to release their interest in the property. The first can still short sale its interest, but what buyer will purchase in this market subject to a second lender's interest? Nobody. So, practically speaking, 2nd mortgages can kill the deal if they don't play ball.
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