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Kris Lai
  • Investor
  • Daly City, CA
4
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29
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legLender won't send 1099-C, possible deficiency on Short Sale

Kris Lai
  • Investor
  • Daly City, CA
Posted

I short sold a non-owner occupied SFR in November. The loans were with Nationstar (transferred from Aurora, my original lender) and Bank of America. I received my 1099-C from BofA but not Nationstar. Called them today to find out where it is, and the rep tells me it was never generated because the loan was never charged off. She contacted another department who explained to her that CA is a state where Nationstar can go after someone for the decficiency. That department wouldn't elborate when or who they'll go after. It is not likely I will receive a 1099-C this year, she says.

I'm baffled; I thought this nightmare was over. Going back through my records, BofA's approval letter clearly states the language they will "waive their right to pursue collection of any deficiency after the sale..." However Nationstar's letter is not so clear, but I believe it says the same: "Upon meeting all condituons ... we will waive any remaining balance on the account if all participants act in good faith..."

Help!!

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