For News Release
1790 First Street Livermore, CA 94550
Brought to you by the CALIFORNIA ASSOCIATION OF REALTORS®
LAW AGAINST SHORT SALE DEFICIENCIES EXPANDED
Governor Brown signed into law today, July 25, 2011 a C.A.R.-sponsored bill, Senate Bill 458, prohibiting a deficiency after a short sale for one-to-four residen- tial units, regardless of whether the lender is a senior or junior lienholder. Effec- tive immediately for transactions closing escrow from this day forward, both sen- ior and junior lienholders cannot require a borrower to owe or pay for a deficiency in a short sale. This law also prohibits any deficiency judgment to be requested or rendered for senior or junior liens after a short sale of one-to-four residential units. Any purported waiver of this rule shall be void and against public policy.
Although a lender cannot require a borrower to pay any additional compensation in exchange for a short sale approval, the new law does not prohibit a borrower from voluntarily offering a monetary contribution to a lender in hopes of obtaining a short sale. A lender is also permitted under the new law to negotiate for a con- tribution from someone other than the borrower, such as other lenders, agents, relatives, and the like.
Exceptions to the new law include a lender seeking damages for a borrower’s fraud or waste; a borrower that is a corporation, LLC, limited partnership, or po- litical subdivision of the state; a lien secured by a bond as specified; a public util- ity lien; and additional rules apply if a note is cross-collateralized by more than one property.
This law is fully set forth as Senate Bill 458 (Corbett) at www.leginfo.ca.gov.
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