Can successor of interest force a short sale without borrowers permission?

[Joe Henry]

I'm sitting on a house that I made the classic rookie blunder on - the first mortgage lien was NOT cleared when I bid the house at the HOA foreclosure auction. How fun. It's been 2 years and I got a place to live out of it.

However, the bank is now trying to foreclose again (was on hold due to original borrower's (previous owner's) military protections).

The borrowers are unresponsive.

I'd like to arrange a short sale but the bank/servicer (Rushmore) is telling me I'm not a successor of interest and that they need the borrowers signature for any short sale. However, online I'm seeing that this is legally possible without it, as I am in fact a successor of interest legally as I understand it.

1. Aside from getting a lawyer does anyone have experience with organizing a short sale without the borrowers siganture, using successor of interest alone?

2. I keep getting off handed suggestions to "work with the underwriter, they can do anything". So far the servicer acts like they've never heard the word "underwriter" in their life and have no idea who or what it is. Is this whole underwriter approach old info from a bygone time? I know things have changed a lot over the years. 

[Doug Smith]

Hi Joe, Hi from across the state. I've learned there are 2 people you pay...the IRS and your attorney. I often see on BP people trying to save money by turning to internet instead of paying a lawyer. I'm sure you've heard the saying "if you think it's expensive to hire a professional, try hiring an amateur". As a long-time banker in my previous life, I will tell you that you can send the same letter twice to a lender. One on plain paper and another on a law firm's letter head. Guess which one they will pay attention to. I think you have to ask yourself how much you have into the deal. Do you want to keep the property? Is it financially worth it? If so, pay the real estate lawyer and let them fight the fight for you. I've got a ton of experience in foreclosures and speak at conferences about it, but even my real estate lawyer is on speed dial. I hope it goes well for you.