I attended an interesting class this week. An attorney who specializes in short sales and foreclosures was presenting his opinion of the Arizona anti-deficiency statute. It was interesting in that most of us attending thought first, that there was only one statute, and second, that the statute applies only to foreclosures, and not to short sales.
What he said was fascinating. First, that there is a statute which applies to judicial foreclosures and one which applies to statutory foreclosures; and actually, they both apply to short sales!
The long and the short of it, for folks doing a short sale, is that when a lender asks you to sign a promissory note for more money, it is illegal and unenforceable. Second, if you go through a short sale or a foreclosure, the lender no longer has a right to pursue you for anything left (provided your home and the loan meet certain criteria).
In fact, the statutes have been interpreted in case law in such a way that they are construes to strongly favor the home owner, releasing them from personal liability in many of these cases.
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