Financing in Fremont>Question Details

Christine, Home Seller in Fremont, CA

If I sell my house and can not pay all of my second mortgage, what happens

Asked by Christine, Fremont, CA Sun Jan 27, 2008

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It depends on what the sepcific details and numbers are.
If you're first and second is with the same lender, you have more leverage to work out a short sale, or to do a loan modification.
If your second is with a different lender, and you sell for enough to pay your first mortgage and some of your second, then your second lender may release your second mortgage if the excess funds go to them as collateral toward a new loan repayment plan. The first mortgage lender doesn't really give a rip about your second as long as they can get their money in the sale. But if the second lender refuses to release your mortgage, then you either keep the notes current while you try to sell for enough for both, or talk to your first lender about doing a short sale due to your hardship of not affording to make payments on your home.

It will all come down to how you present your case, but lenders need to know you have a legitimate reason for needing to sell short. This is likely your best opportunity for getting the second released because they know that in a short sale, they will receive at least some money, vs NOTHING if the first lender or whoever pays off the first forecloses off the junior lien holders. We always get a CMA done for our clients, and make sure that we have an opportunity to present the CMA and repairs needed as part of the BPO process for a short sale.

If you need specific help or guidance with a short sale or other
1 vote Thank Flag Link Mon Jan 28, 2008
HI Christine,

As the previous posters stated you would be facing a "short sale", where your lender/bank would have to approve the sale at a price less then the mortgage.

There are many posts on the short-sale process but the condensed version is that when you get an offer on your home, it is submitted to your lender/bank for review/approval/counter offer. This stage is notorious for taking a lengthy period of time to complete but some banks move faster than others.

As Dot mentioned there are also tax implications depending on your specific situation. You may have to pay income taxes on the difference of what you owe on the mortgage vs. what you sell it for, so as others mentioned you should contact an accountant or real estate attorney for further information.…
1 vote Thank Flag Link Mon Jan 28, 2008
Christine, when you cannot sell your home for enough to cover the mortgages and expenses it is called a short sale. Do you need to sell your home now? If so, you should consult a Realtor in your area and have them give you a free comparative market analysis to let you know what your home should sell for in today's market.

In a short sale your lender(s) have to approve the sale because they have to agree to take less money. You also should consult your CPA to see if there will be any tax ramifications you need to be aware of.

Best of luck to you!
Web Reference:
1 vote Thank Flag Link Sun Jan 27, 2008
Talk to an attorney regarding tax consequences of short sales before selling your home. There are new tax laws that can help some sellers in a short sale but you need to get professional advice before putting your home on the market.
Web Reference:
0 votes Thank Flag Link Thu Jan 31, 2008
Christine my heart goes out to you, many homeowners are finding themselves in the same situtation. The previous answer is correct - you are facing a Short Sale. Currently nearly 20% of the detached homes for sale in Fremont are in similar situations. You're NOT alone. Ideally you need to involve a Real Estate Agent who is familiar with Short Sale, and you need to be in conversation with the lender. Let me know if I can help you with anything. Good Luck Andrea
0 votes Thank Flag Link Sun Jan 27, 2008
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