Are you considering are doing a short sale ?
For people who find themselves in a position where they may be needing to sell their home, one of the first questions I ask is, did you refinance?
In California we have non recourse loans and deeds of trust. When one purchases a home there is usually a first mortgage and a second mortgage. The first mortgages are usually up to about $417,000 and the second’s above that value.
So a typical Santa Cruz real Estate purchase, the math would go something like this:
Sales price $650,000
First Loan $417,000
Second Loan $168,000
Down Payment (10%) 65,000
So in today’s market that home depending on location, may now be work $400,000-500,000 dollars. In most cases the second will usually get wiped out( they will not have any value left in the asset the loaned against), and will have a “short payoff” and generally get nothing or next to nothing unless they join the HOFA program.
So in today’s market, supposing that one is going to do a Santa Cruz short sale or foreclosure, how is one impacted with the above scenario?
Lets assume that you are now in a situation where you can no longer pay your obligations. There are a few choices that you have. One is a short sale and the other is a more deleterious pain that is carried longer, the foreclosure.Santa Cruz REO or bank owned properties are something that most don’t want to miss from a buyers standpoint, but you do want to miss as a seller. The whole thing really comes down to which choice you make when you change ownership. If you are pro-active and do a short sale or passive and get foreclosed on.
The whole key is “is your loan a recourse or non recourse ” loan?
What that means is that if you did not refinance your original purchase of your primary residence, then you will have a “non-recourse loan” in California. What that means is if you have to sell in a short sale or foreclosure situation, the house was the sole collateral for the loan.
If you had refinanced, then you have a recourse loan. What is a non recourse loan?
So in a recourse loan is a debt where one of these exceptions did not occur:
Owner did not refinance the loan, pull out cash, do home improvements, take out an equity line and use it.
Seller was carrying back financing
Property is not a 1-4 units of which the owner is occupying one of them
The lender is not limited to the asset that secured the loan for redress and the borrower may be liable for the “short” dollar amount of the short sale and other related costs.
If the lender chooses to foreclose, in California,using a trustee’s sale, then they waive the right to go after the borrower for the deficiency despite the fact the loan was a recourse debt.
The bank can go after the deficiency if they do a judicial foreclosure. This very infrequently occurs in California due to time and cost.
So to boil it down, if you have a loan other than the one you purchased the home with you probably have a recourse loan.
As with anything of this nature it is important to talk with the appropriate professionals, such as a real estate attorney, CPA or realtor versed in these matters.
Please do be proactive, give us a call for an appointment if you are in Santa Cruz County and are considering selling your Santa Cruz home.