Chicago Short Sale Question: Can My Lender Force Me To Repay Them?

Chicago Short Sale Question: Can My Lender Force Me To Repay Them?

Posted on September 30th, 2011 in All Articles, Short Selling/Buying.

Chicago IL – A lot of homeowners want to short sale and walk away from the upside down debt. They don’t feel that it is their fault the housing market crashed.

We get the following questions a lot.

“If I short sale, then how likely is it that my lender will sue me to repay them?”

“Will my lender garnish my wages or take money out of my bank account?” So I will answer those questions in today’s post.

Click here to discover how other sellers successfully did a short sale and avoided foreclosure.

The answer is that it is unlikely that any of that will happen.

Here is the #1 reason this usually doesn’t happen. About 65-70% of all short sale lenders will allow you to walk away owing nothing. The remaining lenders are usually too busy or disorganized to do anything.

Lawsuits cost money and they usually don’t get enough money back to justify the expense.

Here is the #2 reason this usually doesn’t happen. You can’t squeeze money out of someone who doesn’t have any money. The lenders know (from past experience) that if they push a debtor to hard, then that person will just declare bankruptcy.

So the lender gets no money anyways, but they lost money on the lawsuit and collection tactics. (Bankers don’t like to lose money.)

In addition, wage garnishment is difficult. There are many different exceptions and protections against wage garnishment.

For example, if the person being garnished is the main provider for a family, then the laws are often written to stop any garnishment against them.

This is why 80% of all judgments expire uncollected. Even though the legal system gives lenders lots of collection rights most judgments still expire unpaid.

I know these stats may not be very comforting. If you are still concerned, then contact a good bankruptcy or consumer defense attorney. Thinking about a short sale? Visit for the most up to date information on Chicago short sales and how we can help you sell your home in this market.

I can help you short sale your property and get back on your feet. Send me an e-mail at I will contact you for a free consultation.

When we talk, I will explain how the process works in detail and answer any questions you may have. Or, if you prefer, you can call me at (312) 953-6725

Discover how other sellers successfully completed a short sale and request a free consultation by clicking here.

Thinking about a loan modification? Our Chicago loan modification kit has the instructions you will need to get a loan modification approved with your bank. Click here to request a copy.

Thanks for reading this, Phil Buoscio.

Phil is a Real Estate Agent at Better Living Realty – Buoscio Brokerage, Inc.. Chicago Short Sales Realtor:

Phone: (312) 953-6725.

View My homes for sale at

Phil Buoscio specializes in loan modifications and short sales in Chicago Illinois. Chicago Loan Modification Help. Chicago Short Sales. Chicago Short Sale Realtor. Chicago IL Short Sales. Chicago Realtor.

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Important Notice

Phil Buoscio, Better Living Realty – Buoscio Brokerage, Inc., and the Stop Foreclosure Institute are not affiliated in any way, shape, or form with the government. Our services have not been reviewed or endorse by the government or your lender. Most lenders willingly work with agents on short sales. Why?

Because most short sales are beneficial to a lender. If you accept our offer to help you on a short sale, your lender may not agree to a short sale or to modify your loan. We do offer a loan modification kit.

However, the likelihood of negotiating a modification is like everything else in life. It takes work and persistence to convince your lender to modify your loan. No matter what you or we do, your lender may not approve a loan modification.

We do not recommend that you stop paying your mortgage, because this will cause damage to your credit and could cause you to lose your home. Because we know avoiding foreclosure is so important to any homeowner, we recommend that you speak with the appropriate legal or tax advisor before making any decision.

This is not intended as legal, technical, or tax advice. Please speak with a licensed professional before making any decision. Information is deemed reliable but not guaranteed as of the date of writing.

You have the option to reject a short sale or loan modification from your lender if it does not meet your approval. If you decide not to go thru with the short sale, then you do not have to pay us our fee. We normally make a real estate sales commission for helping you on a short sale.

The views expressed here are Phil’s personal views and do not reflect the views of Better Living Realty – Buoscio Brokerage, Inc..

This information on Chicago Short Sale Question: Can My Lender Force Me To Repay Them? is provided as a courtesy to our viewers to help them make informed decisions.