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Short sale is not a judgment, deed-in-lieu, or a foreclosure!

Posted by Ward-CA- on May 18, 2002 at 8:57 PM

In Reply to: Short Sale posted by Lilly - CA on May 18, 2002 at 8:25 AM

: 9 years ago, my home value dropped 40% in 6 months due to a military base closing near my home (it was supporting the community). My business was drastically affected & I was forced to close down and move out of the community. The bank agreed to a short sale. After 9 years, I have finally recovered and am in the financial position to buy a home. My credit is excellent, I have no debt and can even put 25% down if necessary. Question: On a bank loan application, I am asked if I was ever obligated on any loan which resulted in foreclosure,, transfer of title in lieu of foreclosure or judgment. I'm assuming this would include a short sale. When I disclose it, will it affect my getting a loan? And if I do not disclose it, will I really be liable for criminal penalty? I have never filed for bankruptcy and have never had any other judgements against me. Thanks!

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Answer: Your initial assumption is incorrect. A short sale is not understood to be nor ever described in terms of a judgment, a deed-in-lieu or a foreclosure. So if you’re just asked to own up to any of those three items then you’re not required to disclose something distinctly different—a short sale incident.

If you do not disclose a short sale incident that occurred 9 years ago, that you’re not obliged to do so whatsoever, then you’re not liable for any criminal wrongdoing.

So, good luck to you on your new home.


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