New Law Gives Added Protection to Short Sale Hopefuls
A short sale: a sale in which the homeowner owes more on the loan than the property is worth. In order to sell the home, the lien holder or holders, must approve the sale since the amount owed to the lien holder will be 'short' of what is currently owed by the borrower.
Last month, a new California law was passed to help protect homeowners pursuing short sales. The law bars first and secondary lien holders from going after sellers for money owed after the short sale closes. The previously existing law offered homeowners this protection, but only applied to the primary lien holder; it did not apply to second lien holders. This new law will be put into effect immediately, and now prohibits secondary lien holders from collecting deficiency funds after the short sale closes. In turn, this will allow homeowners closure in the short sale process. The homeowner will not be held responsible for additional payments on the property. This is to be considered a victory for California homeowners.