I was told by my real estate agent that if I did a short sale or foreclosure on my home in Arizona, that both the first mortgage and Home Equity Line of Credit (taken out 9 months after home purchase) would both be relinquished in a short sale or foreclosure. Because the house had dropped significantly in value and half the lots were vacant from owners doing the same thing, I decided to proceed with the short sale. It wasn't approved and went into foreclosure. Now the bank is pursuing judgment against me to garnish my wages. Unfortunately, I can't afford to retain an attorney. Is this a case I can win, even if I represent myself in a civil suit against this realtor? I also have email documentation asking him specifically how both loans would be treated. He responded with "Don't worry, I have it!" I also have a witness to him telling me this verbally. According to the anti-deficiency laws, the second loan is not forgiven because it's Non-Purchase Money, is this correct? Also, I'm wondering if I have a strong enough case to pursue this in civil court, representing myself.
The Arizona laws make a distinction between purchase-money loans and all others. The bank can go after you for the deficiency on the other loans. Many Culloden attorneys believe that the intention of the legislature was to protect a homeowner on his personal residence. That no court will uphold a deficiency on your personal residence. We don't yet know if this will be true or not. So far, the banks have not been willing to pursue judgements because the borrowers (you) don't have any money. It is just a waste of time. You have a case against the realty agent but not for all of your damages. You were responsible to protect yourself. The agent was responsible to get the house sold. You might win a small judgement.
At best you may get the agent on ethics violations if you can show they where giving legal advice versus their lay person opinion on what the lender may or may not do But in the end you signed the Home Equity paper work you are legally responsible to know the contents If you are thinking you can sue the agent for the value of the equity line due and owing good luck on that one
A short sale would have accomplished it but not the foreclosure. You should not rely on real estate agent for legal advice. you are correct about deficiency judgement on 2nd. you can file a complaint against realttor for offering legal advice. file one with state board of real estate salespersons. they are prohibited from offering legal advice. You can cause them a little pain that way. they will at a minimum have to respond in writing to the complaint. you can try to sue them for damages but that is risky. you will need to pay legal fees with no guarantee of winning. you could make this situation worse by throwing more money at it. also you may have a hard time specifying damagas to a court. realtor gave poor advice but your loan was still oustanding. it is not as if the loan amount grew because of realtor. you still have to repay the loan.
You signed the original loan papers. It was your responsibility to realize that a HELOC was different from your original loan. Your original loan was non-recourse (they bank can't sue). Your HELOC *was* recourse (they can). Your realtors opinion was not a legally binding one. They weren't a lawyer.
A home equity line of credit reverts to the similarities of being a credit card. but wholly sh*t.. they are actually pursuing you? it should just sit on your credit report as a collection. **ADD.. can you please tell me how much you owe on this HELOC.. and maybe i can tell you what you can say or do.
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