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SSorDIL with close to pay off cash offer 30 day close as is

Anonymous
Posted on: 10th Aug, 2008 07:35 pm
My home in Hawaii has been vacant and on the market since June 2006 after living in it for three years to then execute a Civil Service transfer to benefit my disabled wife by living closer to family. We tried to avoid tennants to expedites the sale. At the 12th hour a lease to buy arrangement came in May 07 with the perspective buyer making $20K woth of improvements prior to moving in. No one forsaw that the buyer would eventually not qualify for a loan with little down after his property on another island sold for less than he expected. Our funds finally ran out, budgeted for a Dec close, we haave not made a payment since last Dec. The home remains on the market today with the foreclousure take over of the home in Oct. Last week out of no where someone throws my agent a $475K CASH offer, 30 day close, sold as-is. Wow. The escrow contract is drafted up and ready for me to sign as the buyer already has. I finaly get someone to talk to me at the bank, the short sale mitigation department, to find out the offer is a full pay-off that that being as it may they could not help me. After subtracting closing costs agent fees (6%) etc the house is slight short of the a full pay-off, I'm guessing $25K-$35K. To the best of my calculations we owe ed around $460K last Dec tack on lawyer and late fees, I'm not sure what it is now, the bank won't tell us. My agent has not dealt with a situation as this and informed me my conditions not to seek a defiency of judgement on the remaining deficit the bank will lose on the short sale is up to me to negotiate with the bank tomorrow. I gave up on the home last month and just now learned about about defiency judgements, short sales and today DIL, all over the last three days on line researching. A cash offer as this is powerfull leverage. There is no time to hire any type of attorney tax or real estate, or hire another agent. The buyer is patient but wants to know asap. Should I offer the bank a DIL or short sale or both. Floating the home for so long has me scrambling to get out of a mountain of debt. I'm currently settling a $30K unsecured debt with 70% of the debt forgiven by the bank itself not a debt settlement company, which has me tapped for the next three months. This was before I knew that Hawii allowed deficiency judgments which at this point taking on another 20K would almost certainly create a Chapter 13 situation for my family, if this happens I will withdraw the settlement offer with the other bank. Living now in Calif the advise from people at work who dable in RE informed I could just walk away to discover Hawaii law is to the contrary, HELP!!! A DIL I would assume would expedite the sale and close of the home as the bank could deal with the Cash buyer directly to either settle my mortgage debt completely or small enough the bank would easily forgive. I have a few hours to make a decision. Sorry for the spelling and fat fingered typing. Thanks Bart :shock:
Hi bartle,

Welcome to our community forums.

I can understand your situation given that it's only a few hours for you to take a major decision. I personally feel short sale is a better option because it doesn't affect your credit score as much as a deed-in-lieu does. However, if you wish to avoid paying any deficiency (difference between what you owe and the home price) upon sale of your home, then going for a deed in lieu makes sense. However, if the lender forgives part of your debt, then it will be fine for you I think because being in Hawaii, you can qualify for the mortgage tax relief .

Now, if you're able to gather some cash and pay the deficiency, short sale is what you should go for.

Regards,

Jessica
Posted on: 11th Aug, 2008 04:35 am
Thanks Jesica I'm not sure still waht I'm to do a short sale could take longer than the buyer is willing to wait and he could walk away with his offer. I'm still crunching all this info and will make the call here soon. Bart
Posted on: 11th Aug, 2008 06:10 am
Welcome back bartlo.

As you got the offer to sell the property it is better to sell and pay off the mortgage company. Talk to the loss-mitigation department of the company again. you can pay them off the remaining $25K-$35K with a repayment plan.

The deed in lieu will depend upon the acceptance of the mortgage company. By the way the deed in lieu will also have a huge negative affect on your credit report.

Let me know if you have any further queries.
Posted on: 12th Aug, 2008 06:19 am
what is a 30 day pay-off and how does it work
Posted on: 22nd Oct, 2008 07:06 pm
Hi wendy lenoir!

In what respect are you talking about a 30 day pay-off? Is it related to mortgage or any other debt?

Thanks,

Jerry
Posted on: 23rd Oct, 2008 02:49 am
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