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| Short Sale Outpost The term "short sale" is very popular in today's mortgage and housing market. There are potentially millions of people facing foreclosure and a lot of these homeowners are under water on their mortgages. Some will choose to stick it out and fight. However, many will decide to choose to walk away. Short sales are becoming more and more popular as an exit strategy for homeowners. Learn the methods, software and magic it takes to navigate the foreclosure process and get the help you need. |
This is a discussion on How to Waive BofA Short Sale Deficiency? within the Short Sale Outpost forums, part of the Foreclosure Process category; Can anyone suggest the most effective way to get B of A to waive their right to pursue deficiency? I ...
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| Member Join Date: Feb 2009
Posts: 22
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Can anyone suggest the most effective way to get B of A to waive their right to pursue deficiency? I received a short sale approval from B of A with the clause saying they can pursue the deficiency: "BAC Home Loans Servicing, LP and/or its investors may pursue a deficiency judgment for the difference in the payment recieved and the total balance due, unless agreed otherwise or prohibited by law, if the short sale closes on the loan referenced above." And I know that they, or a collections company, can do this. You are only protected from this on a foreclosure and with a non-recourse loan. There is a myth that you are also protected in a short sale but you are not. (I have a non-recourse loan, first only, and always owner-occupied property.) I am trying to get B of A to drop their clause and to waive their right to pursue a deficiency, in writing, but it is slow going trying to find someone empowered to do this. Has anyone here done this successfully? Please provide me your suggestions for how to do so. How do I escalate this issue and with who? Please send me contact names, numbers and emails of people at B of A if you have any. I need your help! Thank you. |
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