Posted on: 16th Apr, 2008 11:00 pm
i purchased a home in florida in 2004, was unable to refinance as property was appraised significantly less than what i bought it for. decided to put it up for sale in sept '06 and only received one offer in sept 07. stopped making mortgage payments in june 2007, couldn't handle 3 mortgages (plus i am in ca, hard to manage home on opposite coasts). never made late payments until june 07, tried to alert lender asap to "work" with them in good faith. not very helpful at all and very slow to respond. now working with a re agent and 3rd party short sale company and have been going through a short sale process with that one potential buyer since sept 07... seven months later, i am told that the lenders say the pmi company will not approve the short sale without signing a promissory note of $24k in favor of pmi. not sure how they came up with this amount - 1/4 of balance still due on original loan after short sale??? if i don't sign, i'm told will foreclose (dil was not given as an option). i do not have an extra $400+/month to pay, can barely pay the home i'm in (late every month). had quick consultations w/ some attorneys in ca and fl but i am unable to hire one (no money, of course) i'm confused and pressed for time. signing the note may be a waiver or may compromise my anti-deficiency protection (if applicable? is there protection in the state of fl?) also, if i end up having to file bankruptcy, according to the note it would be considered defaulting on the loan and they could arguably object - thus severely limiting my options! potential buyer is hanging by a thread - could lose in the next 48 hours.
difference between what i paid for the home and short sale purchase price is appromimately $103k. if i sign the note, is the $24k the only amount i will be responsible for paying? or do i still have to deal with the $103k balance? will i be still be 1099'd? if i can't pay, what will happen to me? what if i can't pay anything? my credit is screwed no matter what - i don't know what to do. help!
difference between what i paid for the home and short sale purchase price is appromimately $103k. if i sign the note, is the $24k the only amount i will be responsible for paying? or do i still have to deal with the $103k balance? will i be still be 1099'd? if i can't pay, what will happen to me? what if i can't pay anything? my credit is screwed no matter what - i don't know what to do. help!
I found this Googling it. Same damn thing just happened to me in the State of Washington, including having to sign a waiver as well, signing away my rights in this state and California (where PMI is based) to challenge this legally, even under consumer/insured protection laws. We are in the process of writing our Governor, US Senators, Congressman, State Insurance Commissioner, State Attorney General and our local State representative and senator. This should be criminal. They cashed 100% of the premiums for two years, then only want to pay half the claim. They did the EXACT same thing and extorted us saying that if we didn't "voluntarily" agree to their promissory note and sign away all rights to challenge the legality of it, they would "kill" the short sale and leave us exposed to foreclosure, a six figure loss and almost certain bankruptcy. Bast*rds! We're shopping for a class action law firm.
We are in the same situation, the insurance asked for $12,000. We are not going to sign those papers.
jere day, can you call me in the same situation you were in. I need to ask you a question
I am doing a short sale for a client of mine. We have been asked to sign a promissory note for the remainder of the balanced. I have encouraged my client not to. If there is a lawyer on the blog my question is this. Could we sign the promissory note, with the language "1.00 dollar payable upon closing, as full payment for all liens against said property. No redress upon acceptance.
Hi q,
As far as I can understand, you will be able to sign the promissory note with such a clause included in it. However, it will depend upon the lender whether or not he will allow your client to include such a clause in the note.
As far as I can understand, you will be able to sign the promissory note with such a clause included in it. However, it will depend upon the lender whether or not he will allow your client to include such a clause in the note.
If u don't mind, may I ask what happened now with ur property, kinda same situation here
I live in NJ, a recourse state. I cannot afford my mortgage so I'm considering short sale, I do have a pmi but the the way things are, looks like they will also have me sign a promissory note which of course I wouldn't want to do. My mortgage bank is wells Fargo and wouldn take a dollar loss. I tried to work with them but still giving me unaffordable mortgage payment. I'm contemplating on filing bankcruptcy to avoid probable deficiency judgement of 100k after possible foreclosure. Any ideas? Should I call a lawyer now? I'm sure they won't be giving advice until the money rolls.
Hi Gie,
It is true that the insurance company will ask you to sign a promissory note before they agree to a short sale. After a short sale, you can file bankruptcy so that you do not remain personally liable for paying the balance amount resulting from the property sale. You can consult a bankruptcy lawyer and take his opinion in this regard.
Thanks
It is true that the insurance company will ask you to sign a promissory note before they agree to a short sale. After a short sale, you can file bankruptcy so that you do not remain personally liable for paying the balance amount resulting from the property sale. You can consult a bankruptcy lawyer and take his opinion in this regard.
Thanks
Post Your Comment