Saturday, January 29, 2011

No Short Sale Deficiencies

A seller's first trust deed lender cannot obtain a defiency judgment against the seller after a short sale.  Providing written consent to a short sale shall obligate the first trust deed lender to accept the sales proceeds as full payment and discharge of the remaining amount owed on the loan.  This law applies to first trust deeds secured by one-to-four residential units, but does not limit the lender from seeking damages for fraud or waste by the borrower.  Senate Bill 931 effective January 1, 2011

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