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Shhh, Casey is sleeping. He was up past 2:00AM and is getting the flu. It'll be a day or more before he gets round to moderating me and censoring our man Homey.
So, here's what he did. He signed an unsecured promissary note to Countrywide for the difference twixt ashort sale and the outstanding 1st mortgage balance. And these are my replies. The first is up on his blog but like I said, the second will be a long time in posting. Post here for timely discussion.
Wow, did your real estate specialist attorney ever negotiate you a poor deal. You… did… use legal representation… didn’t you? Of course not. If you did you’d have grounds for malpractice. But everything’s turned out okay. The second lets their $75,000 position go with no complaint and no consequences to you. The first gets $239,000 immediately and $420/month for 5 years. They don’t even have to call the $420 income and you needn’t be bothered with deducting the interrest as there is none. Countrywide gets the equivalent of $270k for their $245k owed and some nice buyers gets a house. I’m just surprised that the 2nd leinholder has been so quiescent. How’d you do that Casey? Here’s where you can live up to one of your goals. Educated we unwashed masses who have no idea how to pull this off. Being able to walk away with no issues from 2nd trust deeds would save millions of people from foreclosure or worse.
"I still have a way to back out of it… i think."Ummmmm, no. You signed it remember? The note wasn't contingent, you just signed an unsecured, unconditional IOU for 50 large. Come Feb 1st you'll owe the original mortgage, the fees and penalties and now an additional $416 if the short sale doesn't record by then. And if you think the second is going to walk on their $75k and o so within the next 2 weeks and the kind of person buying properties like this can complete escrow in two weeks... nevermind. What you believe is irrelevant.
Just so you hear it even if you don't understand; Countrywide did not agree to a short sale. They agreed to discharge a $260k plus penalties mortgage for $240k plus your $50k note. $50k over 10 years for let's say a $30k deficiency is the equivalent of a 12% interest bearing note. They only made it look like 0% so that they cannot be accused of usury in any future proceedings. As a special bonus they managed to move their note out from any cloud of bankruptcy discharge. Countrywide may be in deep doo-doo for even getting involved in our global credit bubble but they weren't stupid in this case.
Based on this binding result you could expect the 2 trust deed holder to demand a similar note in the amount of $80,000 at 0%. Add it up. $240,000 purchase, $50,000 1st, $80,000 2nd equals $370,000 over the next 10 years. Just what they would have recieved had you made payments for 10 years and then sold.
You don't have Larchmont short sale approved. Not by a long shot.
None of this matters. It's 7:30AM. You were up past 2:00AM and now you are getting sick. This day is lost to you as are another $800 at your new burn rate. And when you get to this comment for moderator approval you'll be so intellectually tired it won't stick. Quick look, no swear words, no personal family information revealed... approved. Just like the prblink signing and now Countrywide signing.