
Mega-Builder D.R. Horton must have really hit the skids. According to BusinessWeek’s Hot Property, they’ve hired on a pint-sized new spokesman for their “Short Sale Priced” communities, and I’m guessing they signed him on for less than half-price.
Sure. He’s short. He’s cute. But this little guy is far from wholesome builder material.
I’ll give you a hint: he’s fresh from the courtroom trying to prevent his ex-girlfriend from globally distributing a tape of them … um …. watching TV together. And other stuff.
Stumped? That spokesman is none other than…Verne Troyer, better known to many of you as Mini Me of Austin Powers fame!
And while we’re on the subject of “short”, I’d like to use this opportunity to segue into a quick chat about a piece of documentation underwriters are starting to get persnickety about: the Short Sale Acceptance. I’ll be brief. J
When I request the Short Sale Acceptance from the listing agent in a short sale transaction, invariably they send me the Short Sale Addendum. Not the same thing at all.

The Addendum becomes a part of the real estate contract. But the Acceptance is an actual letter from the bank that is foreclosing, acknowledging that they agree to accept a smaller payoff than what is owed on the house.
These letters are tricky, and they are all different. As a lender, I’m not too concerned with the differences in the wording – but as a listing agent, it’s good to know the differences.
Some letters are absolutely specific, and release the mortgage and absolutely forgive the deficiency. But other letters may state that the bank accepts the short payoff, offering a full “Release and Satisfaction” of the mortgage, but be careful here: this does NOT necessarily mean that they are releasing the Promissory Note. In other words, if there is no specific mention of any cancellation of the Promissory Note, there is no forgiveness of the deficiency.
That deficiency balance may eventually find its way on to your client’s credit report. In other words, he is saved from a full-scale FORECLOSURE, but that deficiency still shows up as a “charge off”, and the liability shows as “TBD” – making it just as hard or harder for your client to move past that problem than if they had just completed a clean foreclosure proceeding and started fresh.

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