Chicago Short Sales: The bank won’t release you from the debt! What now?

Posted on August 23rd, 2010 in Financing, Market Conditions, Other Real Estate, Short Selling/Buying.

Chicago IL – I recently met a realtor who sells properties in a beach town. “Short sales take 9-12 months. The banks are so hard to deal with”, she said. She mentioned short selling a customer’s property. The sellers were two doctors that had to take a promissory note. The sale was for 900k, so the loss must have been above average.

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

In this case, her customer’s were ok with a promissory note. I’m here to discuss what is necessary to short sale and not get a promissory note. Negotiating short sales on more expensive homes is much different than your average short sale.

The most common loan types that will give you a complete release are Fannie Mae, Freddie Mac, FHA, and VA. Most of them won’t loan on a mortgage over $417,000. There are a few exceptions, but that is the general rule. If your mortgage amount is more than 417k, then more than likely Fannie, Freddia, FHA, and CA do not own your loan.

The loan is probably owned by the bank you originally got it from, or it has been securitized. Most of these type of loan owners will not grant a release. So you will have to use other methods. First, you can tell them that you are broke. If that true, then they may let you off without much ado. If you have assets, then you will need to use different tactics. You can hire someone to do a “Loan Audit.”

This is where they go thru your loan file and search for any violations of lending laws. Maybe they didn’t give you the proper federally required mortgage disclosures. Maybe the mortgage broker or lending company wasn’t properly licensed. A loan audit will often help your case.

But, it isn’t an “end all, be all”. I’ve seen people promote it as that. Another thing you can do is hire on a good attorney. You will want to deal with someone who is a consumer advocate. They will know how to use the law to negotiate from a position of power on your short sale.

In my opinion, the best way to hire lawyer in this case is on a contingency. I pay you X when you get me what I want. Some people think lawyers drag cases on just to earn more money. Using a payment arrangement like this will help you avoid that.

However, I think the most important thing you can do is to hire on an experienced short sale agent. Ask them if they have negotiated any short sales where the lender asked for a promissory note. Then, ask them what they did to negotiate away the promissory note.

The good short sale agents will usually know a good attorney. They may have experience dealing with your bank. Bottom line: They are the person who can point you in the right direction so you can short sale and walk away with a complete release from the debt.

Do you want to short sale your property and never pay the bank another penny? I can help you do that. Call me at (312) 953-6725 for a free consultation. When you call, I will explain how the process works in detail and answer any questions you may have. Or, if you prefer, you can e-mail me at

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 lender. 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..

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. Chicagoland Short Sale Realtor. Chicago IL Short Sales. Chicago Realtor. Pilsen Short Sales. Bridgeport Short Sales. West Town Short Sales. Wicker Park Short Sales. Ukrainian Village Short Sales.

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