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jcboycottexxon · Joined: 02 Sep 2010 Posts: 2 1.56 Dollars($)

I am currently attempting to "short sale" my home. Due to recent medical problems I've had to cut back on my work, and I probably will be forced to medically retire. If I am forced to retire, my income will be approximately half of what it is now. I will not be able to afford my mortgage payment, and any modification would still not be enough to keep me in my home.

My real estate agent told me that my lender (pentagon Federal Credit Union) is inclined to do the short sale because they don't want to have the house go to foreclosure. My agent said that because of H.R. 3648, lenders can't go after you if the bank forecloses on your home.

I have been doing some research and I have not been able to find any literature that says because of H.R. 3648 lenders can not pursue a deficiency judgment if the foreclosure sale results in a deficiency.

My loan is not owned by Freddie or Fannie.

If I am unable to sell my home in a short sale and my lender, PenFed, forecloses on my home, are there any provisions of H.R.3648 that would prohibit them from seeking a deficiency judgement against me?

Are credit unions more open to a Deed in lieu of Foreclosure then banks?

Thanks in advance...

jameshogg · Posted: Fri Sep 03, 2010 2:48 am Post subject:

Hi jcboycottexxon,

If your property goes through a foreclosure, then the lender will be able to come after you to recover the dues. Foreclosure laws of Virginia allows the lender to sue the borrower for the balance amount.

Thanks

jcboycottexxon · Joined: 02 Sep 2010 Posts: 2 1.56 Dollars($)

Thank you!

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