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M$1.00  Funded By Mahalo ? |  April 26, 2009 04:10 AM

When you short sell a home does the bank forgive you of the difference or make you sign a promissary note?

A short sale is a price less than the amount owed on the mortgage loan. Do banks forgive the loss or force you to sign a promissary note?
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October 27, 2009 06:37 AM
On some short sales the negotiator assigned may determine a promissory note may not be required for submitting a short sale offer to the investor/lender for approval.

On other short sales the negotiator assigned may determine a signed promissory note will be required before submitting for investor/lender approval.
However, even though a short sale offer may look fine to the negotiator (based on the offer, seller’s current financials, etc) and he/she submits for approval does not mean the offer will be approved upon review by the investor/lender.
There are times the offer may come back as ‘non-qualified’ unless all revision requirements are met. One of these requirements may be a promissory note signed by the seller. If the seller agrees to all the required changes, then the negotiator will make the necessary revisions and re-submit for approval with investor/lender.

Keep in mind not every short sale offer requires a promissory note by the seller. This usually depends on who the investors/lenders are and which financial institution handles the short sale negotiations .

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Helpful: davepamn

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October 27, 2009 02:09 PM
Thanks.

Suppose, the home debt is 200k, the home sales for 160k, does the seller have to make payments to the bank for 40k

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October 28, 2009 06:22 AM
Please keep in mind I am not a professional. But, you would likely be required to sign a promissory note for atleast half of remaining balance to qualify for ashort sale.

160k covers 80% of the total amount owed. However, the entire 160k does not go to re-pay this debt.

Here's why:

The purchase offer is the total sum of the purchase price and additional charges, fees and commissions from the short sale process.

I hope this helps you understand how much a lender actually recovers from a debt owed on a short sale.

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