Monday, May 18, 2009

Bankruptcy, Loan Modification, Short Sale

It's a bit like Paper-Rock-Scissors. You need to keep in mind what one does to the other if you are going to work with short sales. Initiating one might just stop the other.

So here's what I suggest you keep in mind; Bankruptcy trumps both Loan Modification and Short Sale and Loan Modification trumps Short Sale. Simply put if you get one of these in motions it may impact something else you are trying to do so when in doubt - check it out. For example most banks in the process of reviewing a short sale will stop and cancel the short sale if they receive a loan modification request from your seller. This can be a huge problem if your seller is not communicating with you and they initiate a Loan Modification request while you are working your butt off on a short sale.

It can be different from bank to bank so play it safe. Make sure you instruct your seller to communicate with you prior to doing something that contradicts your actions. But be very careful here not to step in the middle and tell them to stop all together. You might be walking yourself towards a lawsuit by telling them not to do something because it potentially conflicts with 'your' preferences.