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By The Myers Team | Agent in Las Vegas, NV

Nevada Short Sale Laws

Most short sale information available on the Internet is worthless.  Each state has different laws regarding foreclosure and the short sale process.  Many people do not understand the difference between a SHORT SALE vs. FORECLOSURE in NEVADA.  Doing a short sale will minimize damage to your credit, and enable your family to get a FRESH START.  Allowing your home to foreclose WILL result in maximum devistation to your credit plus you may end up being sued by your bank.  When a home is foreclosed upon in Nevada, the bank has deficiency rights.  After a foreclosure, the bank will issue a 1099-A to both you and to the IRS.  A 1099-A (abandonment) legally enables the bank to come after you for an expensive deficiency judgement lawsuit.  A short sale, however, is MUCH different.  After a successful short sale, most banks will issue a 1099-C (cancellation) which is a legal cancellation of debt.  Banks cannot legally come after you to collect any deficiency once they have issued a 1099-C.  Banks will do everything in their power to threaten and intimidate, however, once a 1099-C is issued, you are on solid ground.  The above information is not intended as “legal advice” however, this information is available on the Internal Revenue Service web site and is available for all to research.*  Many homeowners are unsure what to do, and are confused by endless television ads from bankruptcy attorneys trying to convince you that bankruptcy is your only option.  Going bankrupt to prevent a foreclosure is like cutting off your hand because of a “hangnail.”  Bankruptcy is the worst case scenario.  Why go bankrupt if you don’t need to?  YOU HAVE MANY OPTIONS.

NEVADA SHORT SALE HELP

The decision to pursue a short sale for your home can be an emotional issue often dependent on many factors.  For most families, their home is their largest financial asset, however, in Las Vegas; most homes are “upside down” in value, meaning homeowners owe more than their house is worth.  While it’s easy to become emotionally attached to your home, it’s important that you don’t fall into the trap of making the decision a personal one.  Home ownership may be the “American Dream,” however; there is no need for you and your family to go down with a sinking ship.  Nevada is the #1 foreclosure state in the nation and has the highest unemployment.  It will take a very long time to the Las Vegas economy to rebound. Over 50% of homeowners who get served with a Notice of Default do absolutely nothing.  If you are like so many homeowners and your home is under water and you don’t know what to do.. call us and get the help you need.  We guarantee to provide you with professional, ethical and confidential service. We can list your home with no yard sign, no flyers and with complete confidentially.  Your neighbors don’t need to know.Let the experience of The Myers Team go to work for you.  Whatever your reasons are for selling, our experience with short sales, and our track record for getting them approved will ensure that your home gets sold. 

 LET US TAKE AWAY YOUR STRESS and GET BETWEEN YOU AND YOUR BANK.  If your home is currently in default, or if you are about to fall behind on your mortgage payment, call us right away. YOU HAVE OPTIONS.  The Myers Team is Nevada’s #1 Short Sale Team.

 To contact The Myers Team, clink the link below:  http://www.NevadaShortSaleInfo.com

The Myers Team - Nevada Short Sale Laws

Comments

By Ralph,  Sun Dec 5 2010, 20:31
Great article. Thank you
By Sweetfire,  Tue Apr 12 2011, 14:43
I have a question that I hope you can answer for me because i have gotten conflicting information on this subject. Q: Is it legal for a landlord in Nevada to continue to collect rent on a property that they have defaulted payments on and is in the short sale process? Crystal
By The Myers Team,  Tue Apr 12 2011, 17:51
It is completely legal, however, it could be considered fraud in the eyes of the bank. Let me ask you a question. Your "landlord" is attempting to facilitate a short sale by establishing the existence of a hardship in the eyes of the bank...yet, the landlord continues to collect rental income from you as a tenant. If the landlord is collecting rent, while failing to make his mortgage obligation, is this being disclosed to the bank? If the seller is collecting income on a property which he has defaulted on the obligations of his mortgage contract, then the bank has the right to reject the short sale and possibly sue your landlord for a deficiency judgement lawsuit in the event of a foreclosure. Please be advised that we are not lawyers nor is the above intended as legal advice. It is simply common sense.
By Patti,  Sun May 15 2011, 09:59
I have a question about a RE transaction in Nevada. If an offer is made on a short sale can we back out before the bank accepts the offer (the seller accepted the offer)? The reason we want to back out is we saw from the previous inspection that there are extensive repair costs (needs all new windows and mold on sub-flooring amounting to over $8,000 not including cosmetic repairs).
Our short sale addendum Right to Cancel states: In the event that SELLER and Lien Holder are unable to to reach an acceptable agreement within 5 days, after SELLER'S Acceptance, then BUYER or SELLER may cancel the Offer and Acceptance Agreement at any time after said days....
This does not say anything about before acceptance by the Lien Holder- so where would that leave us? Would we lose our earnest money? Today is May 13, on our Offer and Acceptance Agreement there is a closing date of May 5th- can that get us out, legally?
By The Myers Team,  Mon May 16 2011, 10:41
You should be able to cancel per due diligence. In a short sale, all offers are contingent upon bank approval. We always include verbiage in short sale contracts which states, "Buyers due diligence period shall begin once written approval has been obtained from the Sellers lender(s.) Otherwise, why would a buyer spend money on inspections and/or an appraisal if there is a chance that the Seller's lender may not approve the terms of the contract. You should be able to legally back out without penalty.
 

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