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I live in a house in california (worth over 500k). Years ago I purchased a condo in Phoenix Arizona for investment property (have a 132k loan on it). It is now worth about 45k. I just retired in June as a teacher and do get about 4k coming in a month. I have been sick for the last few months and thought when I retired I wouldl get an easier job, but I can only work at home right now. No credit card debt, but I NEED to get rid of the Arizona property (tenant lease is almost up/not paying, lots of problems). I am negative each month with that place. I need help! If I did a short sale.. could the bank come after me and take my HOUSE? I have two separate loans, but both are with CHASE. I tried to do a short sale years ago, but I was "not qualified" because I was working and making too much money. Need some advice, please.
Part of doing a short sale is that the lender agrees not to get a deficiency judgment against you. So no, you should be OK. If the lender forecloses in Arizona (where they allow a deficiency judgment on real estate) then it is possible for them to get a judgment against you and come after you in California. And yes a Judgment Creditor can take real property from a debtor and have it sold to collect a debt. Anyone with a judgment against them have the sheriff/marshal take the debtor's real property and have it sold at public auction. For more information, check out California Code of Civil Procedure sections 700.015 , 701.540 through 701.680 , and 704.710 through 704.850 . This is a relatively complex way to collect a judgment, but here are the steps to do so: First the creditor gets information about the real property from the county assessor's office and the county recorder's office. Does a bank or other lender have an interest in the property? Are there other owners of the property? Creditor then gets the court issue a Writ of Execution (form EJ-130) to the sheriff/marshal in the county where the real property is located. The creditor gets from the sheriff/marshal written instructions and their fees. The sheriff will probably have a form of "Real Property Levy Instructions." The fees will probably be approximately $1,000. An officer will then serve a Notice of Levy on the debtor and creditor. If the real property is a dwelling, the creditor must ask the court for an order of sale. Creditor must do this within 20 days of receiving notice that the levy has been made. After 120 days, an officer will then serve a "Notice of Sale" on the debtor. The notice will be posted in a public place and on the property. It's served on the occupant of the property, if there is one. The notice also is published in the local newspaper and mailed to any lienholders. Proceeds from the sale are to be distributed within 30 days after the sale.
I have done several short sales with Chase. What I have learned processing Short Sales is every deal is different. With Chase and most of the lenders, if all depends on the "investor" who the lender is collecting the mortgage for. If your loan had mortgage insurance, it will be up to them. One deal I had with Chase, they did not do anything and waived the entire shortage, but did 1099 the home owners for the shortage, which will probably happen to you because of the fact that it is a rental property. But...you will have a major loss on your taxes due to the same property so it could equal out. Another deal I did which was a rental property Chase approved it, but the loan had mortgage insurance so the Clarkston company wanted the seller to make payments of $60.00 per month for 20 yrs at no interest until they paid the Clarkston company $20,000. They will not come and take your current home and they can not mess with you on that mortgage. You are smart to get all the info you can because, many agents and uneducated home owners "think" that because they agreed to a short sale there are no circumstances! Sharon
The bank does not always cancel the debt when they approve a short sale. You can negotiate with the bank, but they can always reserve the right to seek a deficiency judgment at some point down the road in the time frame allowed by state law. If they do come after you (or a collection agency that might buy that debt), they will not take your house from you. They will try to collect and if all attempts fail, they may seek a judgment against you in court. If the judgment is granted, they have a right to seek payment from you and you will basically have a judgment lien attached to yourself that will need to be paid off at some point (unless your debts are discharged through bankruptcy). Most times (from my experience), lenders that do not cancel the debt as part of the short sale approval will not come after you and at some point will cancel that debt and issue you a 1099-C. It's worth to give it a shot and try to get the debt canceled. Hope that helps!