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Jason T.
  • Wholesaler
  • Charlotte, NC
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Short selling an investment property

Jason T.
  • Wholesaler
  • Charlotte, NC
Posted Aug 26 2019, 07:43

Looking for some help from folks who have been through short sales in non-recourse states.

Here's the scenario:

- The subject property was purchased as a primary residence in North Carolina back in 2008. There's is a first mortgage and a HELOC.

- The home has been underwater ever since 2009 and so the loans have never been refinanced due to negative LTV.

- The proceeds from the sale will cover the entire first mortgage (non confirming), but only portion of the HELOC.

- North Carolina is a non recourse state and the loan agreement on the HELOC makes no mention of full recourse.

- The home was converted to a rental property back in 2013 and has been a rental ever since.

My question is what is the owner's liability during this type of short sale? Is it accurate that there's no recourse or personal liability because NC is a non recourse state? Does it matter that the home has been converted to an investment property?

Thanks in advance for any help, advice, or guidance.

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