Legal Question in Real Estate Law in California

My friend owned a condo. She sold it in a "short sale", in California, to an in-law of hers. Years later, the in-law has to sell the condo to pay off debts. He has told my friend he will give her a share of the proceeds, but he is reluctant to just pay her the money directly, as he is concerned the bank involved in the short sale will have a problem with him doing so, as they are "related". Is there any truth to this?


Asked on 5/11/17, 11:11 am

1 Answer from Attorneys

Theoretically, yes, if the short sale was not an arms length transaction for market value. In the real world, probably not an issue at all. The big question is how would the bank even find out? The only way I can imagine would be if the in-law took out a new loan from the same bank as was partially paid off in the short sale, AND that lender is till the lien holder (i.e., no refi has happened), AND the in-law were to direct the payment to your friend be paid directly out of escrow for the sale, AND the bank somehow got ahold of the seller's closing statement, AND the short sale was for less than market value or there was some other collusion between the in-law and your friend that resulted in the bank getting less in the short sale than they otherwise would have. What I would be more concerned about, although it still may not be an issue, would be any tax consequences to your friend from the payment.

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Answered on 5/15/17, 10:11 am


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