Legal Question in Real Estate Law in California

Short Sales with Two Loans in Northern California

Hello!

I am looking for a real estate attorney to explain my options for Short Sale. I am current and have a good job, but I need to move for work (about 45 miles) and I owe more than the house is most likely worth. I have a first for $500K and a second for $250K. The house is probably worth $650K to be aggressive in this market. I do have Excellant credit, an income of over $175K a year and 401K and other assets. I want to do a short sale, but in an intelligent way. I am also going to try to buy a new house before the short sale process if I can. I have the option to rent my current home to qualify for the loan, but can't afford both payments if the renters default. I need legal help to cover myself. Looking for EXPERIANCED legal counsel in the Modesto/Stockton/East Bay/Sacramento area of California.

Any advise also appreciated.

Thank you very much!

Cathy


Asked on 3/29/09, 3:40 am

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: Short Sales with Two Loans in Northern California

I am sorry that I cannot help you with this, but I am in Southern California. I can, however, tell you that you will run into issues with a short sale given your level of income and assets. Short sale means that the bank is going to accept less than they are owed, thus taking a loss on the loan. They are not going to be very sympathetic where theoretically, you may have assets and income that would cover some or all of their loss. Its not unheard of for a seller to have to put cash into an escrow to close it (selling at a loss). Further, in many cases, short sales do not relieve you of the obligation to repay the amount the bank is shorted - they generally reserve that right in their approval. They are simply agreeing to let you sell the collateral without a full payoff. You definitely need to consult with an experienced, local attorney.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 3/30/09, 1:17 pm


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