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Icon Mini Profile gonzalezfc



Joined: 11 Sep 2008

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PostPosted: Thu Sep 11, 2008 6:27 pm    Post subject: question

Hi. I have a question. House in Florida is set to close as a short sale but the 2nd lien holder won't accept as pay-off and reserves the right to collect balance. Is a payment agreement signed with seller to make payments to 2nd lien holder? What happens if signed but never paid?
Thanks!
 
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Icon Mini Profile brian1
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Joined: 14 Jun 2008



Posts: 360
Location: Northern California


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PostPosted: Thu Sep 11, 2008 9:43 pm    Post subject:

I would ask an attorney?
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Icon Mini Profile jameshogg
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Joined: 20 Dec 2005

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Location: nevada


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PostPosted: Thu Sep 11, 2008 11:32 pm    Post subject: RE: short sale and second lien pay off

Hi gonzalezfc,

Welcome to forums.

I think you have a first mortgage on your home. After the short sale is complete, the first mortgage lender may ask for the payment of deficiency as Florida is a deficiency judgment state.

Quote:
the 2nd lien holder won't accept as pay-off and reserves the right to collect balance

Do you mean to say that the second lender does not want to be paid off through short sale and he is insisting you to repay by way of a payment plan?

Thanks
 
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Icon Mini Profile vegas_storms



Joined: 12 Sep 2008

Posts: 50



1.24 Dollars($)

PostPosted: Fri Sep 12, 2008 5:52 pm    Post subject:

If you're buying the house don't worry it's the seller's problem. Title will have to be cleared before a mortgage company would lend you the money.

Always contact a real-estate attorney.

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Icon Mini Profile lisascherzer



Joined: 04 Jan 2008

Posts: 755



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PostPosted: Tue Sep 16, 2008 1:26 am    Post subject:

I don't think a title company will transfer title without the second mortgage being satisfied. Actually, I know they wont. If it does come down to closing, I would make sure you get an owners policy on the title insurance to protect against future liens.
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