Originally posted by @Brent Coombs:
@Maurice George, if I'm distorting what you said, then you must have meant that the Owner can in no way benefit from a short sale, right?
In which case, that's what I've said all along. You can't have it both ways!
eg. If the Owner's friend gets the 3% Commission, how can that help the Owners or their heirs? [Be very careful how you answer that question].
As for Buyers volunteering to pay any Liens not paid out by the Bank, I ask again: why would they volunteer? That's not credible. But my main point about that is: So what if the Buyer does volunteer? It's obvious from your posts that those Lienholders had no recourse anyway, so the Owner is not impacted in any way. Cheers...
Brent, I already said the benefits several times. Since you did not get it, let me say it again.
1. Buyer must pay liens attached on the property. No HECM short sale transaction can go through without paying off the liens attached on the property. Of course, the lien payoff must be disclosed to the bank in writing (eg, show on HUD-1) and bank must approve this payoff. The lien payoff amount is in addition to purchase price. For buyers, they must put lien payoff amount in their calculation. If they believe payoff lien plus short sale purchase price will not work, then there will be no deal. If a seller has 40K IRS lien on the property, do you believe IRS will not actively collect on them? Paying off liens attached on the property is nothing but a huge benefit to the seller. Brent, why you do not count buyer pay seller's IRS tax lien a benefit?
2. I do not know who told you lienholders have no recourse. If a seller still alive and let property go to foreclosure, liens will fall off from the property, but it will stay with the seller. If the owner passed away, lien holders can file a claim when a probate opened.