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Isn't It the Lender Who Decides DEBT FORGIVENESS?

Along  my path in the real estate industry I learn and continue to learn. I know that going above and beyond and being a detailed Realtor Associate® leaves me respected by many.  I came into the market at the start of the boom and weathered the storm during the downturn and I am at the point in my career where I am ‘stable'.

I make a good living, I make sure to allot time for me, time for family and I certainly do not take on more than I can handle. I have control issues (which I'm sure many will agree they do as well) as I have my own style and anal retentive ways of being on top of things. In that respect I assure my clients I am not too busy to take care of them.

Every transaction IS NOT THE SAME. I will continue to repeat that line during and after a transaction as I surely continue to learn something, anything....from each client and transaction. I surely will remind myself to not take things so personal as it's the perception of each human being that will sometimes create a negative or positive reaction.

For every action there is a reaction.

Short Sales are a part of our market in Hawaii and more so in some neighborhoods than others. I surely think in the best interests of my buyers and sellers and make sure to be honest and forthright with the information I give them. If it's beyond my scope then they need to seek legal advice from an attorney.

I have done a few short sales for buyers AND sellers and  I don't like the way the lenders/banks know that lives are in their hands and they take every advantage to look like the good guy when indeed they just don't give a hoot. I'd like to see one of them say, "I care about you and will try and help you through this as quickly as possible so you can get on with your lives".  Yeah, right....when pigs fly.

It's one thing to know that only some states have a ‘debt forgiveness law' and another for the bank to blame the state on not forgiving the deficiency on a short sale.  This was presented to me the other day by a lender.

IS IT NOT A FACT THAT ....THE FORGIVENESS LIES IN THE HANDS OF THE LENDER?

Correct me if I'm wrong please.

They either forgive or not.  Hawaii (and MANY OTHER states) do not have debt forgiveness laws.  And?  The perception of "Hawaii is not a debt forgiveness state" doesn't mean that it was up to Hawaii to forgive the deficiency in the loan through a short sale. 

 It was... and is the lender that gets to go after the borrower for that deficiency ..... or not.

So, Mr. Lender...don't sit there and act like it's any particular state's fault you didn't forgive the remaining balance....it was your choice all along. How people perceived the statement that ‘a state doesn't have the forgiveness law' can be misconstrued by the seller that it's the state that doesn't allow the debt forgiveness from the lender.  Most states just don't have a law that MAKES you forgive the debt.

It's these kinds of things that teach me yet one more lesson.

Others may not be straightforward and forthright ......

And  we have to be on our toes when statements are misconstrued.

 

                                                       

 

Celeste "Sally" Cheeseman  is a Realtor-Associate® and Certified Residential Specialist (CRS) with Century 21 Liberty Homes in Mililani, Hawaii. With a sharp understanding that a listening ear is the key to a client's needs  she serves the island of Oahu (Honolulu County) and all Hawaii Military Relocations, Hawaii Retirees, Hawaii Job Transfers and Hawaii Residents, Home Buyers and Sellers.

  

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